Changing the goal from long term care to another case plan goal

Factors prompting a PSP provider to consider assessing restoration include:

• the parent, or another party to proceedings, has filed a Section 90 application with the Children’s Court to request the child to return home and proceedings have commenced
• ·the child has self-placed (chosen to return home to stay) with their parent, and the worries that led to them coming into care have reduced enough for restoration to be considered
• the child is not experiencing permanency and belonging in their current placement and DCJ assesses that returning home is a realistic possibility that will support the child’s safety, wellbeing.

PSP providers may also consider assessing restoration when a parent approaches the PSP provider, with evidence demonstrating their circumstances have changed enough for restoration to be considered, including:

• they have made changes related to the issues that led to their child coming into care
• a consistent commitment to and participation in quality family time 
• a network of support people who will help build greater safety for their child.

PSP providers consider what is in the best interests of the child. This includes understanding the child’s wishes, and any reasons why they may or may not want to return home. PSP providers ask for and listen to the child’s views in ways that suit their abilities and communication preferences.

PSP providers also consider the stability of the placement and any negative effects of disrupting the current placement on the child’s safety, wellbeing, permanency, and belonging.  

PSP providers request a permanency consultation from a Permanency Coordinator when considering changing case plan goal to restoration.  

When considering changing the case plan goal to restoration:

• consider what information or evidence will be required by the court to rescind or vary the existing court order (section 90)
• talk to the CFDU and Permanency Coordinator about what evidence-based assessment tools will be used to assess the restoration and manage risk.

Factors prompting a PSP provider to consider guardianship include:

• the child, their carers, parents or family/kin request that guardianship be considered
• the carers being able to meet the long-term needs of a child without supervision of the placement by the Department or a PSP provider, including the child’s:
  • ongoing cultural support needs (as detailed in the cultural support plan)
  • need for identity and connection through facilitating and supervising family time between the child, their parents and family/kin and
  • age, that if aged 12 years and over, they will consent to the order.

When considering changing the case plan goal to guardianship:

• discuss with the carers the possibility of becoming guardians. This could be identified in the carers’ annual review or at another time. Explain the process involved in changing the case plan goal and seeking a guardianship order
• talk to the nominated unit and Permanency Coordinator about the process, mandatory tasks and information/support materials available to support practice.

A PSP provider may be prompted to consider adoption if the child, their carers, parents or family/kin request adoption be considered.

When considering changing the case plan goal to adoption, complete casework tasks required in the OOHC adoption pre-enquiry stage.

The PSP provider:

• notifies the Adoption Caseworker and Permanency Coordinator when open adoption is being considered for a child 
• convenes a workers’ meeting with the Adoption Caseworker, Permanency Coordinator, PSP provider practitioners and CFDU practitioners to discuss and determine the child's suitability for open adoption; and identifies casework tasks, timeframes and responsibility for completing them 
• conducts a home visit to the foster carers and child, involving the Adoption Caseworker, to discuss the process involved in changing the case plan goal and seeking an adoption order
• completes a placement review (if required) to identify issues that may have an impact on the proposed adoption.

Agreement between the Adoption Caseworker, CFDU and the PSP provider is necessary to change the case plan goal to adoption. 

This occurs before proceeding to the Enquiry Stage.

PSP providers can contact DCJ Adoption Caseworkers via OOHC Adoption and Permanency Services at [email protected].

When a proposal is made to change the case plan goal of an Aboriginal child, the PSP provider submits relevant evidence indicating the involvement of Aboriginal family/kin in Aboriginal family-led decision making.

Guardians who are not relatives/kin of an Aboriginal child should, where practicable and in the child’s best interests, be Aboriginal people.

Delegation to change an Aboriginal child’s case plan goal to guardianship, rests with:

• Manager Casework (or above), when the prospective guardian is Aboriginal family/kin
• Executive District Director when the prospective guardian is not Aboriginal family/kin.

Open adoption for an Aboriginal child is only considered where other permanency options, including long term care, is not practicable or in the child’s best interests. Follow Aboriginal child placement principles when open adoption is being considered for an Aboriginal child.

Delegation to change an Aboriginal child’s case plan goal to adoption, rests with the Director Community Services.

Delegation to consent to filing an adoption application for an Aboriginal child, rests with the Secretary.

A PSP provider reviews the case plan to reflect the changed case plan goal.

The commencement date of the reviewed case plan is the same as the date of approval of the changed case plan goal.

Assessing the case plan goal means to:

• conduct formal assessment to determine suitability to proceed to court and, if relevant, what actions are needed to achieve the goal
• engage the child, their carer, parents and family/kin in the assessment
• gather and prepare evidence necessary to seek a court order.

Restoration, guardianship, adoption or other assessments may be conducted by the PSP provider or subcontracted by the PSP provider to an independent assessor (a Panel of Independent Assessors is available). 

The PSP provider compiles evidence to file a section 90 application, seeking to vary or rescind the existing court order and make an STCO.

The evidence may include an independent restoration assessment.

Note: The child may not be placed with the parents by the PSP provider in accordance with arrangements set out in the restoration care plan, until such time as the court makes a STCO.

Also see Interim court orders and STCOs.

A PSP provider may begin to work toward guardianship of a child (whose case plan goal was previously long term care), immediately after the Department has changed the case plan goal. A new court order is not required.

In order to seek a guardianship order, a guardianship assessment is required. This may be conducted by the PSP provider or subcontracted by the provider to an independent assessor (a panel of Independent Assessors is available).

A guardianship assessment demonstrates the child’s carers are suitable to become proposed guardians. Criteria include:

• demonstrated ability to independently meet the long term needs of the child without the case management and supervision of the PSP provider
• demonstrated understanding of the child’s trauma experience, and how they will manage its potential impact on the child’s longer term development
• demonstrated capacity and willingness to arrange, coordinate and supervise safe contact with the child’s family and negotiate difficulties that may emerge
• demonstrated capacity to understand the child’s identity and their role in supporting the child through life story work
• demonstrated capacity to meet the child’s ongoing cultural needs, where relevant.

Also see Guardianship (for parents, family/kin and carers). 

Before a PSP provider may begin to work toward achieving restoration of a child (whose case plan goal was previously long term care), a section 90 application to rescind the existing care order must be approved by the court.

The child may not be placed with the parents by the PSP provider until there is a new order, and only as set out in the restoration plan approved by the court. This is because:

• the Children’s Court has previously accepted there is no realistic possibility of restoration to the parents (section 137(1A))
• this finding, along with the long term care order needs to be rescinded and replaced with an appropriate order and
• a new restoration care plan accepted by the court and STCO is required.

As the model litigant, the Department files a section 90 application in the NSW Children’s Court seeking that an STCO be made. The application includes evidence of significant change in relevant circumstances such as:

• all evidence gathered and prepared by the PSP provider
• a restoration or parenting capacity assessment recommending restoration proceed.

During court proceedings:

• the court may order an assessment by the Children’s Court Clinic (even if another assessment has already occurred)
• the Department and the PSP provider prepare a new care plan (section 83(5)) to support restoration.

During court proceedings and after an STCO is made, PSP providers use evidence-based assessment to manage risk, support decision making and monitor progress towards achieving the case plan goal. The Department’s preferred evidence-based assessment tool is the SDM^© Restoration Assessment and may be used by providers (under licence to the Department). However providers may use different evidence-based tools at their discretion.

Also see restoration placement.

As the model litigant, the Department files a section 90 application in the NSW Children’s Court which includes evidence of significant change in relevant circumstances such as:

• all evidence gathered and prepared by the PSP provider
• a guardianship assessment recommending a guardianship order be made.

When preparing a guardianship application, the need for a contact order is considered, noting the Children’s Court may make a contact order for longer than 12 months (only when a guardianship order is made) and it is in the child’s best interests (section 86(8)).

During court proceedings, the Department prepares a new care plan (section 83(5)) that, if accepted by the court, will allow the court to make a guardianship order to be achieved within two years.

As the model litigant, the Department leads the court proceedings in the NSW Supreme Court, which includes submitting:

• all evidence gathered and prepared by the PSP provider
• an adoption assessment recommending an adoption order be made.

During court proceedings, complete the casework required for the adoption approved stage, pending court outcome and court decision stages

The PSP provider convenes a case conference to discuss the decision to commence legal court work, provisions in the draft adoption plan, consents, outstanding casework tasks, and the assessor’s next steps.

As the model litigant, Adoption and Permanency Services completes and files the court application, including all affidavits. Liaison continues between the PSP provider, the Adoption Caseworker, the assessor, the CFDU and all parties.

The Adoption Caseworker continues to provide advice (legislation and practice) and support throughout the process, including consultation in complex decision making.

Adoption and Permanency Services coordinates the filing of further evidence in proceedings. Liaison continues between the PSP provider, the Adoption Caseworker, the assessor, the CFDU and all parties.

The Adoption Caseworker continues to provide advice (legislation and practice) and support throughout the process including consultation in complex decision making.

Adoption and Permanency Services notifies all parties of the court’s decision to make (or decline to make) an adoption order. The Department returns the PSP provider’s files. Liaison continues between the PSP provider, the Adoption Caseworker, the CFDU and all parties.