DCJ want to talk about my kids: what will happen?

DCJ are the main government agency in NSW that protects children. They used to be called FACS and DOCS.

Anyone who is concerned that your children may be at risk of significant harm can report their concerns to DCJ by calling the Child Protection Helpline. Certain professionals, such as teachers and doctors must 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 DCJ. Not every report is investigated.

Reports are anonymous and confidential. DCJ won’t tell you who made the report.

DCJ 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.

If DCJ investigate a report, a caseworker might:

• visit you at home or ask you to come to their office
• speak to your children at their school or somewhere else. They don’t need to get your permission to do this, or
• get information about your family from other people such as doctors, hospitals, police, teachers or other relatives. They don’t need to get your permission to do this.

If DCJ are involved with your family, it does not mean your children will be removed from your care. DCJ must work with you to keep your children safe and well cared for. You might hear this called active efforts. Active efforts will look different for each family.

An example of an active effort that DCJ can take is to refer you for legal advice. If you agree, they can send a referral form to either Legal Aid NSW or the Aboriginal Legal Service (ALS). This is known as a Legal Assistance for Families: Partnerships Agreement Referral (LAFPA) referral. A lawyer will then contact you.

Sometimes the caseworker will ask you to do things to keep your children safe and well cared for. For example, the caseworker might ask you not to let your partner live with you and your children if they think your partner is not a safe person for your children. Or you might be asked to do a program or a course (for example, a parenting course). If you don’t do what is asked of you, this may result in your children being removed from your care.

If DCJ think your children are at immediate risk of significant harm, they may remove your children. This is a last resort. If this happens, you will have to go to the Children’s Court.

At any time from when DCJ first contacts you about your kids, you can ask the caseworker for a referral for legal advice. Legal Aid NSW and the ALS help parents, grandparents and other family members worried about what is going on for their kids.

Legal Aid NSW and the ALS are independent from DCJ and can give you free legal advice. For more information, see the How do I get legal help? section below.

Each family is different and there are many things that DCJ 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 listed below.

Early intervention programs

Your family may be offered a referral to a program like ‘Brighter Futures’ or to a family support service. These services will work with your family to help you get back on track.

Alternative dispute resolution (ADR)

ADR involves an independent third person helping people to resolve their issue or dispute. ADR includes mediation. You can ask to participate in an ADR to talk about how you, your family and DCJ can keep your kids safe.

ADR is informal and does not involve decisions being made by a court or tribunal. It involves people coming together to try and reach an agreed way forward.

DCJ can make a referral for you to Legal Aid NSW or to the ALS to participate in an ADR, where you can talk about your children in a confidential place. Your lawyer can attend an ADR with you.

If you do not have a lawyer at the ADR you should speak with a lawyer after the ADR to make sure you understand what you’re agreeing to. For more information, see the How do I get legal help? section below.

Case plans, safety plans and agreements

DCJ might make a written plan with you about the care of your children and what you need to do to keep your children safe.

It may also include things like not using illegal drugs or going to see a psychologist or counsellor.

It’s important that you do what you agreed. If you don’t, DCJ may take more serious action and sometimes this can mean that your children will be removed from your care.

Parental responsibility contract (PRC)

This is a contract in writing between you and DCJ that sets out the things that you have agreed to do to keep your children safe and well cared for. It will also set out the things DCJ have agreed to do to help you. For example, you might have agreed to attend drug and alcohol counselling or a parenting course and DCJ has agreed to pay for it.

DCJ must give you a copy of the proposed contract and give you time to get legal advice.

Talk to a lawyer before signing a PRC.

Temporary care agreement (TCA)

A TCA is a written agreement in which you agree for your  children to live somewhere else, such as with a family member.  A TCA is usually for three months but can be for up to six months.

This is to give you time to do the things you need to do for your children to live with you safely. The goal of a TCA is for your children to return to live with you.

You can ask for a referral to speak to a lawyer before signing a TCA.

Parenting capacity order (PCO)

This is a court order that you must participate in a program or course to help you improve your parenting skills. You should talk to a lawyer if you have to go to court for this type of order.

Removals and care applications

If DCJ do not think that any of the above options will keep your children safe or these options have been tried and haven’t worked, they may take legal action to remove your children from your care.