Community Services want to talk about my kids

Anyone who is concerned that your children may be at risk of significant harm can report their concerns to Communities and Justice by calling the ‘Child Protection Helpline’. Certain professionals, such as teachers or doctors, are required by law to report their concerns. These people are called ‘mandatory reporters’.

You will not know that someone has made a report about your family unless that report is investigated by Communities and Justice. Not every report is investigated.

Reports are anonymous and confidential, and you are not entitled to know who made the report.

If Communities and Justice decide to investigate the report, a caseworker may:

• make contact with you. Sometimes caseworkers may come to your home with or without an appointment, or they might ask you to come to their office;
• speak to your children at their school or somewhere else. They do not need to get your permission to do this;
• obtain information about your family from other people such as doctors, hospitals, police, teachers or other relatives. A caseworker does not need to get your permission to do this.

Communities and Justice may think your children are at risk of significant harm for many different reasons, including physical or sexual abuse, neglect, exposure to drug and/or alcohol abuse by a caregiver, or exposure to domestic violence at home. It may be that Communities and Justice consider your children have already been exposed to one or more of these issues, or it may be that there is a risk of it happening in the future.

Just because Communities and Justice are involved with your family, it does not mean your children will automatically be taken away. If possible, Communities and Justice will work with you to keep your children safe and well cared for while they are still in your care.

Sometimes, the caseworker will ask you to do things to keep your children safe. For example, they might ask you not to let your partner live with you and your children. If you decide not to do what is asked of you, this may result in your children being removed from your care. If Communities and Justice think your children are at immediate risk of serious harm, they may remove your children. If this happens, you will have to go to the Children’s Court.

Each family is different and there are many things that Communities and Justice may try to put in place to make sure your children are safe and well cared for when living with you. Some of these are:

If you do not do the things you agreed to do in the Parental Responsibility Contract, Communities and Justice may file a contract breach notice to inform the Children’s Court of your alleged breach.

If this happens, Communities and Justice are also likely to file a care application alleging that your children are ‘in need of care and protection’ and asking the Children’s Court to make orders in relation to your children. For example, they may ask that your children be removed from your care and placed into foster care.

It is therefore really important that you understand the contract before signing it and that you can do everything you have agreed to do and can follow everything it says.

You should always get legal advice before signing a Parental Responsibility Contract.

After you have signed a Temporary Care Agreement, you have the right to end it at any time. You should think carefully about doing this because if you ask for it to end and Communities and Justice think that it is not safe for your children to return to your care, they may start proceedings in the Children’s Court. You should seek legal advice before ending a Temporary Care Agreement early.

• Speak to your caseworker so you can understand why Communities and Justice are getting involved with your family.
• Try to get along with your caseworker even if you don’t agree with the reasons they are getting involved with your family. If you can’t resolve any difficulties with your caseworker, ask to speak to the caseworker’s manager.
• Remember that nothing you say to an employee of Communities and Justice is confidential. Notes are generally taken of all conversations. Anything you say or do may be used as evidence against you if your matter ends up in the Children’s Court.
• Seek legal advice as soon as Communities and Justice become involved in your family.
• It is understandable that you will be scared and upset when Communities and Justice become involved in your life but if you yell, swear, abuse or threaten the caseworker this will only make things worse.
• It might be helpful to remember that caseworkers are there to make sure your kids get the best possible care.
• If a caseworker asks you to engage with services or supports to improve your parenting and make sure your children are safe, then you should follow through with these referrals. All families need help at some point, and engaging with these services may stop things getting worse and your children being taken away from your care.
• If you feel you need it, arrange for a support person to be present when you meet with caseworkers. You should choose someone who can help you keep calm and will help you to remember what was said after the meeting.
• Ask Communities and Justice for a copy of all notes of the meetings which you attend, as well as for a copy of any agreement you have signed. Keep these documents in a safe place.
• Keep a diary or journal. Write down all of your meetings and appointments with your lawyer, caseworkers, courts, doctors, counsellors and anyone else so that you do not forget them.
• Keep a record of all telephone calls you make to your lawyer and caseworkers, even when you just leave a message and are not able to speak to them. If possible get the name of the receptionist or person who takes your message and write it in your diary.
• Keep a record of all courses you attend and services you engage with.