July 2012
4
Published by Child Protection, Placement and Family Services, Victorian Government Department of Human Services, Melbourne, Victoria
© Copyright State of Victoria, Department of Human Services, 2012
This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968.
Authorised by the State Government of Victoria, 50 Lonsdale Street, Melbourne.
This document is available on the Internet at www.dhs.vic.gov.au
July 2012
Program requirements for the Aboriginal Child Specialist Advice and Support Service page iv
Table of contents
1. Introduction 1
1.1 ACSASS role 1
1.2 The Protocol 1
1.3 Legislation 2
2. Service description 3
2.1 Overview 3
2.2 The key dimensions of ACSASS 3
2.2.1 Target group 3
2.2.2 Specialist advice and support 3
2.3 Exchange of information between ACSASS and Child Protection 4
2.4 Practice approach 4
2.4.1 Historical context 4
2.4.2 Consultation 5
2.4.3 Best Interest principles 5
2.4.4 Supporting families 5
2.4.5 Aboriginal Child Placement Principle 6
3. Service providers and service standards 7
3.1 Aboriginal agency 7
3.2 Standards for community service organisations 7
3.3 Standards and guidelines for ACSASS 7
3.4 Management of service 7
3.5 Regional advisory committees 8
3.6 Regional Child Protection ACSASS liaison 8
4. Scope of service 9
4.1 Scope of ACSASS 9
4.2 Service aims 9
4.3 Lakidjeka ACSASS - VACCA 9
4.4 ACSASS – MAC 9
4.5 After hours availability 9
4.6 Streetwork Outreach Service 10
4.7 Contracted case management to community service organisations 10
4.8 ACSASS role with children, young people and families 10
4.9 Objection to ACSASS involvement 10
4.10 Primary worker 11
5. Practice and procedures 12
5.1 Intake 12
5.1.1 Intake referral process 12
5.1.2 Intake outcome 12
5.1.3 Child wellbeing report 12
5.1.4 Protective intervention report 13
5.2 Other intake 13
5.2.1 Unborn child reports 13
5.2.2 Therapeutic Treatment Reports 13
5.3 Protective investigation 14
5.3.1 Overview 14
5.3.2 ACSASS role in the investigation of protective concerns 14
5.3.3 Investigation outcome 14
5.4 Protective intervention 15
5.4.1 Protective intervention and the ACSASS role 15
5.4.2 Protection applications and court 16
5.4.3 Protection orders – consultation responsibilities 16
5.4.4 Permanent care and custody to third party 16
5.4.5 Contracted case management 16
5.4.6 Best interests planning 17
5.4.7 Referrals to support services 17
5.5 Aboriginal child placement 17
5.5.1 Decision making 17
5.5.2 Aboriginal Child Placement Principle 17
5.5.3 Cultural support plans 17
5.5.4 Quality of care concerns 18
5.6 Transfer of orders interstate or to New Zealand 18
5.7 Irreconcilable differences application 19
6. Privacy and confidentiality 20
6.1 Auspice agency warranty 20
6.2 Specific obligations of the auspice agency 20
7. Variation to level of service 21
8. Unit price 22
9. Reporting requirements and performance criteria 23
10. Resolutions of disputes 24
10.1 Disputes in relation to breach of obligations 24
10.2 General dispute resolution 24
11. Staff positions and roles 25
11.1 Qualifications 25
11.2 Staff functions 25
11.3 Staff selection 25
12. Location of ACSASS 26
Appendix one: Definitions, clarifications and additional information 27
Appendix two: Service establishment 32
Appendix three: Supporting documents 33
Relevant legislative requirements 33
Policy resources 33
Practice resources 33
Appendix four: Glossary 34
1. Introduction
This program requirement document is intended to sit alongside respective funding agreements between the Department of Human Services and both the Mildura Aboriginal Corporation and the Victorian Aboriginal Child Care Agency.
This edition of the program requirements is a modest update of the funding arrangements and service description document published in 2008.
We would like to acknowledge the Mildura Aboriginal Corporation and the Victorian Aboriginal Child Care Agency for their input into the 2008 edition.
We would also like to acknowledge Sandie Mitchell, Senior Program and Service Advisor from the North and West Metropolitan Region for her support and guidance.
1.1 ACSASS role
The Aboriginal Child Specialist Advice and Support Service (ACSASS) provides expert advice and case consultation to Child Protection about culturally appropriate intervention in respect of all reports regarding the abuse or neglect of Aboriginal children and regarding significant decisions in all phases of child protection intervention.
This document provides a detailed description of the role and responsibilities of ACSASS and sits alongside the service agreements between each of the service provider organisations and the Department of Human Services.
This funding arrangement and service description advice applies to all functions of ACSASS and replaces the previous document of the same name dated 2005. This new document reflects the changes to the service system brought about by the implementation of the Children, Youth and Families Act 2005, every child every chance policies and the establishment of Child Families Information Referral Support Teams (Child FIRST),
1.2 The Protocol
The Protocol between the Department of Human Services Child Protection Service and the Victorian Aboriginal Child Care Agency (VACCA) and the Mildura Aboriginal Corporation (MAC) (‘the Protocol’) has been established to facilitate contact between Child Protection and the Aboriginal agencies to ensure that a culturally appropriate and effective response is provided in the protection of Aboriginal children from harm. The purpose of the Protocol is to establish mechanisms for ensuring the Child Protection service is fully informed of all cultural needs and issues in reaching decisions in regard to Aboriginal children. The Protocol sets out the broad roles and responsibilities of the Department of Human Services, VACCA and MAC in protecting Aboriginal children from harm and promoting their healthy development.
ACSASS is a key initiative in the operation of the Protocol.
The aims of the Protocol are to:
· include an Indigenous perspective in risk and safety assessments of Aboriginal children
· improve Best interests planning and decision making concerning Aboriginal children
· improve the engagement of Aboriginal families with relevant support services
· improve the involvement of family and community members in providing support to Aboriginal children.
1.3 Legislation
The legislation governing the provision of Child Protection services to Aboriginal children and their families is primarily the Children, Youth and Families Act. The intent of the Act with regard to Aboriginal children, families and communities is to maintain Aboriginal children with their families and communities and, where this is not possible, to ensure an ongoing connection with their families, communities and culture.
Relevant sections include:
· Section 3 Definitions (Aboriginal agency, Aboriginal person)
· Section 10 Best interests principles
· Section 11 Decision-making principles
· Section 12 Additional decision-making principles
· Section 13 Aboriginal Child Placement Principle
· Section 14 Further principles for placement of Aboriginal child
· Section 16 Responsibilities of the Secretary
· Section 18 Secretary may authorise principle officer of Aboriginal agency to act
· Section 176 Cultural plan for Aboriginal child
· Section 283 Custody to third party order
· Section 284 Supervised custody order
· Section 287 Custody to secretary order
· Section 321 Permanent care order
· Section 323 Restrictions on the making of a permanent care order in respect of an Aboriginal child
Related legislation, which governs the exchange of information between Child Protection and ACSASS where this is not dealt with in the Children, Youth and Families Act, includes:
· Information Privacy Act 2000
· Health Records Act 2001
The Adoption Act 1984 also contains principles regarding the placement of Aboriginal children.
2. Service description
2.1 Overview
It is a requirement under the Children, Youth and Families Act, that in making a decision or taking action in relation to an Aboriginal child, Child Protection will ensure:
· that the opportunity is given to members of the child’s Aboriginal community to contribute their views
· that, where possible, decision-making meetings are attended by the child, their family and other appropriate members of the child’s Aboriginal community
· in making a decision to place an Aboriginal child in out-of-home care, an Aboriginal agency is first consulted and their advice is considered in making that placement.
In all these circumstances, ACSASS has a role, whether to assist in facilitating the involvement of members of the child’s family and Aboriginal community in decision making or to provide advice as the Aboriginal agency. In specific circumstances as required under the Protocol, ACSASS will provide the primary function of consultants to Child Protection.
Where appropriate, Child Protection will contact other Aboriginal services for information or referral in addition to ACSASS; however, the role of consultant as per the Protocol and in relation to protective investigation and other significant decisions and decision-making processes remains with ACSASS.
ACSASS, under the auspice of VACCA and MAC, is authorised to receive case record information from Child Protection in relation to an investigation as per section 206 of the Children, Youth and Families Act.
2.2 The key dimensions of ACSASS
2.2.1 Target group
The target group is Aboriginal children and young people who have been reported to the Child Protection service or are subject to Child Protection intervention, including children on protection orders.
2.2.2 Specialist advice and support
ACSASS has responsibility for providing Child Protection with advice, information and assistance in relation to significant decisions and actions concerning Aboriginal children throughout all phases of Child Protection intervention. In addition, ACSASS will provide consultation to Child Protection on reports regarding unborn children, quality of care concerns and therapeutic treatment reports. (Detail on practice and procedures are provided in Children, Youth and Families Act section 32.)
ACSASS will:
· provide consultation to Child Protection on all significant decisions and actions concerning Aboriginal children and young people, ensuring a culturally informed and effective response to the protection of Aboriginal children from harm
· provide an Aboriginal perspective on risk assessment and safety assessments for Aboriginal children and young people
· participate in the planning of an investigation including the first visit with Child Protection
· attend joint visits with Child Protection to investigate protective concerns, where there are no family objections
· assist children, young people and families to better understand the reasons for Child Protection’s involvement and the investigation processes
· provide information and advice to Child Protection on the child’s family and community, suitable local support services and community networks for the purpose of referral
· assist Child Protection to identify and involve the child’s extended family and community members in decision making and Best interests planning
· where appropriate and agreed to by the child and family, participate in Best interests planning meetings, including those held as Aboriginal Family Decision Making meetings
· provide advice to Child Protection on making a decision to place an Aboriginal child in out-of-home care and, where a decision has been made to place the child in out-of-home care, ACSASS will provide advice to Child Protection on placement options with regard to the Aboriginal Child Placement Principle (see Appendix A, Definitions)
· provide advice and, where appropriate, direct involvement in the assessment and investigation of quality of care concerns relating to Aboriginal children
· assist Child Protection in Cultural Support planning for Aboriginal children in out-of-home care
· provide advice to Child Protection on reports concerning unborn children (where the mother is Aboriginal or the family is known to be Aboriginal)
· provide advice to Child Protection on irreconcilable differences applications concerning Aboriginal children
· provide advice to Child Protection and, where appropriate, direct involvement in the investigation of Therapeutic Treatment Reports concerning Aboriginal children
· provide advice to Child Protection on the interstate movement of Aboriginal children subject to protection orders under the Transfer of Child Protection Orders and Proceedings (Children, Youth and Families Act Schedule 1).
2.3 Exchange of information between ACSASS and Child Protection
During the initial assessment of a report regarding an Aboriginal child, Child Protection is required to consult with ACSASS and may consult with other community services or a service agency for the purpose of seeking advice, assessing risk or determining the most appropriate service response (Children, Youth and Families Act section 35(1)).
Specified ACSASS staff at MAC and VACCA have been authorised under section 206 Children, Youth and Families Act to receive information from Child Protection. The specified staff are authorised to have access to information arising from the investigation under section 205 and to the record of the investigation made under section 206 to enable these Aboriginal agencies to provide the ACSASS.
Unless Child Protection, following consultation with ACSASS, determines that the report should be treated as a ‘child wellbeing’ report and referred to Child FIRST or another community service, Child Protection will continue to consult with ACSASS throughout all phases of Child Protection involvement.
No consent from parents or children is required for the information exchange that occurs in the course of an investigation, although best practice is to inform families about the information that is collected and disclosed about them, subject to the child’s safety needs. Child Protection and ACSASS should jointly consider the best approach to informing families about the ACSASS role in an investigation and further Child Protection intervention.
Where ACSASS has been unable to attend a first visit or the family has refused to have ACSASS directly involved, Child Protection will advise the family that they will continue to consult with ACSASS for general cultural advice and information.
2.4 Practice approach
2.4.1 Historical context
Aboriginal children and young people are significantly over-represented in the child protection and care system. There are a number of contributing factors, such as the forcible removal of children in the past (the Stolen Generations), racism, lack of knowledge regarding Aboriginal child-rearing practices, and the lack of Aboriginal support services. Furthermore, studies indicate a correlation between poverty and families likely to come to the attention of Child Protection. Aboriginal communities are amongst the poorest and most disadvantaged communities within Australia.
A history of the forcible removal of Aboriginal children has resulted in Aboriginal families often being suspicious of health and welfare services and being concerned that their children will continue to be removed on the basis of race.