Page 3798 - Week 10 - Thursday, 14 September 2017
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(a) Child and Youth Protection Services (CYPS) must consider all applications for kinship care of a child or young person for whom the Director-General has parental responsibility. Complaints about applications for kinship care should be directed to the relevant Manager or the CYPS Complaints Unit. The decision to not approve an applicant as a kinship carer is a reviewable decision under s839 of the Children and Young People Act 2008 (the Act). The applicant can expect written notice of the outcome of their application with a clear rationale for the decision and may seek a review through the ACT Civil and Administrative Tribunal.
(b) Concerns regarding the timeliness of a response to a kinship application should be directed the relevant Manager or the CYPS Complaints Unit.
(c) Where concerns are held regarding a placement decision, any party who is impacted by that decision may request the rationale for the decision be provided in writing. A request for a review of the decision should be directed to the relevant Manager. If concerns are held regarding the decision making process, a complaint may be lodged with the CYPS Complaints Unit. An application to amend the Care and Protection order to include specific conditions regarding the placement may also be lodged with the ACT Children’s Court.
(d) Concerns regarding the timeliness of a response in relation to issues with a placement decision should be directed to the relevant Manager or the CYPS Complaints Unit.
(e) Concerns regarding unexpected cancellations of contact should be directed to the caseworker in the first instance to seek the reasons the contact has been cancelled. A request for a review of contact arrangements should be directed to the relevant Manager. If concerns are held regarding the decision making process, a complaint may be lodged with the CYPS Complaints Unit. An application to amend the Care and Protection order to include specific conditions regarding contact may be lodged with the ACT Children’s Court.
(f) Where concerns are held regarding the quality of care provided to children and young people in care, a child concern report should be made to CYPS Intake. Concerns regarding children and young people in residential care may also be directed to the Official Visitor, or the Children and Young People Commissioner.
(g) A request for a review of a decision that may have failed to consider the best interest of a child should be forwarded to the relevant Manager. If concerns are held regarding the decision making process, a complaint may be lodged with the CYPS Complaints Unit, or the Children and Young People Commissioner. An application to amend a Care and Protection order may also be lodged with the ACT Children’s Court.
(h) A breach of confidentiality should be reported to the relevant Manager. CYPS can assist parties to access protection orders and alert police to a possible threat where necessary. Legal advice should be sought regarding any remedial options available through court processes. Concerns regarding any breach of legislation may also be reported to ACT Policing.
(i) The ACT Children’s Court makes orders in accordance with the Act for children and young people in need of care and protection. A Care and Protection order authorises the Director-General and his delegates to make decisions in accordance with those orders. Legal advice should be sought regarding any concerns that CYPS is acting in breach of an order.
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