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What is the Department of Child Safety? The Department of Child Safety is a state government department responsible by law to investigate and assess children at risk of harm.
You may know the Department of Child Safety as the department, DOCs or child safety.
The department becomes involved with you if they are concerned about your safety and if there is anyone who can look after you.
Do you have a copy of My Journey in Care or Kid's Rights?
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In November 2006, the department launched the My Journey in Care book, aimed at 10 to 18-year-olds. The books were to be distributed to all young people in care in Queensland and those entering care to provide useful information about being in care, how decisions are made about your life and if you can be involved. |
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Kid's Rights, a publication in a colouring book format, was also relaunched by the department to explain the Charter of Rights for children in care. |
If you want a copy of these publications, ask your child safety officer.
Legal Aid Queensland has a child friendly version of the charter of rights, what are your rights if you are in care?
Charter of Rights for children in care
The Charter of Rights for children in care is about what rights you have while you are in care. The law says if you are in care, you must be:
- told about the charter of rights and its effect
- given written information about the charter of rights
- told about the Commission for Children and Young People and Child Guardian.
You can find the charter in schedule 1 of the Child Protection Act 1999, which says you have a right to:
- be provided with a safe and stable living environment
- be placed in care that best meets your needs and is most culturally appropriate
- maintain relationships with your family and community
- be consulted about, and take part in making decisions affecting your life (having regard to your age or ability to understand), particularly decisions about where you are living, contact with your family and your health and schooling
- be given information about decisions and plans concerning your future and personal history, having regard to your age or ability to understand
- privacy, including, for example, in relation to your personal information
- if you are under the long-term guardianship of the chief executive, to regular review your care arrangements
- have access to dental, medical and therapeutic services, necessary to meet your needs
- have access to education appropriate to your age and development
- have access to job training opportunities and help in finding appropriate employment
- receive appropriate help with the transition from being a child in care to independence, including, for example, help about housing, access to income support and training and education
What happens when the department makes decisions about you, can you be involved?
When the Department of Child Safety makes a decision about you, they need to take into consideration what you say you want to happen.
The law says:
- a child or young person should be kept informed of matters affecting them in a way they can understand
- if a child is able to form and express views about their care, those views must be given consideration taking into account their age and ability to understand.
What is a case plan?
A case plan sets out what should happen while you are in the care of the department. It deals with issues like where you will live, where you will go to school and what contact you will have with your family.
If the plan is for you to return home to your parents, it will set out what your parents need to do to make sure it is safe for you to return home.
If the plan is for you to stay in out-of-home care, eg. foster care, the case plan should explain what is going to happen.
The law says case planning must be carried out in a way that keeps you informed and gives you a chance to tell people how you feel about what is happening (if you are of an age and ability to understand).
It also should encourage and help you have a say and you should be able to understand it.
An example given is that the department should explain the case planning process to you using language appropriate to your age, language, skills and circumstances.
You should also have:
- an Educational Support Plan that sets out what happens about going to school while you are in care
- a Child Health Passport that has a health plan, medical records and information on how to meet your day-to-day medical needs. Talk to your child safety officer for information about a health passport.
What is a family group meeting?
A family group meeting is where the people important to you and your life, including your parents, get together with the department to discuss what is going to happen.
You should be given a chance to attend and have your say if you are of an age and ability to understand what is going on.
You can have someone attend and participate in the family group meeting to give you help and support. This could be a youth worker, an Aboriginal or Torres Strait Islander elder, a representative from your cultural community or a lawyer.
The department must, giving consideration to your age and ability to understand:
- give you a copy of the case plan
- explain the case plan to you.
Before making a child protection order
The childrens court makes child protection orders and must consider your views and wishes (if you are able to tell people what you think) if they have been made known to the court.
The childrens court usually does this by appointing a separate representative.
A separate representative is a lawyer appointed by the childrens court (or Children Services Tribunal) to act in your best interests and let the decision maker know your wishes or views.
What the separate representative considers to be in your best interests may be different to your wishes or views.
You may be able to get your own lawyer. The best way to find out if you can is to call Legal Aid Queensland on 1300 65 11 88.
You have a separate representative - who are they?
A separate representative is a lawyer appointed by the childrens court or Children Services Tribunal to act in your best interests and let the decision maker know your wishes or views.
The separate representative may:
- meet with you
- arrange a social worker or doctor to meet you and your family to write a report for court
- talk to your school or other professionals who know you
Your separate representative must tell the court or tribunal what you want to happen.
They also have to tell the court or tribunal what they think is in your "best interests" by assessing other information about you and your family.
What the separate representative considers to be in your best interests may be different to your wishes or views.
If the court or tribunal make an order for a separate representative to act for you, Legal Aid Queensland will organise a lawyer to be the separate representative.
Are you an Aboriginal or Torres Strait Islander?
The above information applies, but the law also says:
- when the department takes you away from your family, it should consider your need to maintain your ethnic and cultural identity
- important decisions about you must be made with cultural information given by something called a Recognised Entity, which is made up of Indigenous people
- when the people important to your life get together to talk about a case plan, this needs to be done in a way and place appropriate to Aboriginal tradition or Island custom and needs to encourage those people to get involved
- you should be able to live with Indigenous carers if a safe place can be found for you
- you should have a Cultural Plan to make sure you maintain a connection to your culture.
If you have any questions about this, you should talk to your child safety officer.
What happens if you are unhappy with a decision made about you?
When a decision is made about you (like where you should live or who you can have contact with), the department should tell you about the decision and may give you a letter explaining it to you.
If you are not happy about the decision that has been made, for some decisions, you can ask the Children Services Tribunal to look at your situation and make the decision again. This is called an "application for review".
Your foster carer, parents or other people affected by the decision may also be able to do this.
What is the Children Services Tribunal?
The Children Services Tribunal (the CST) is part of the Department of Justice. It is independent from the Department of Child Safety and the Commission for Children and Young People and Child Guardian.
The CST is a free service helping young people in care have their say about decisions made by the Department of Child Safety.
The tribunal will listen to you have your say about:
- who you should live with
- who should know where you are living
- when and how you would like to spend time with your family.
To find out if the CST can look at a decision made by the department, contact the CST registry on (07) 3225 8346 or 1300 855 345 (cost of a local call) or speak to a lawyer at Legal Aid Queensland on 1300 65 11 88.
Who is a community visitor?
A community visitor
is someone who reports to the Commissioner for Children and Young People and Child Guardian. They do not work for the Department of Child Safety.
Community visitors help answer questions and solve problems you may be experiencing in care. They can also help you get the support services you may need.
If you would like a community visitor to come and visit you, call the Commissioner for Children and Young People and Child Guardian directly on 1800 68 82 75 (free call) or you can ask a youth worker, house parent or foster carer to help you contact them.
You can ask a youth worker or house parent to help you phone or email the commission
What is the Commission for Children and Young People and Child Guardian?
The Commission for Children and Young People and Child Guardian (the Children's Commission) is an organisation that promotes and protects the rights, interests and wellbeing of all Queenslanders under 18.
The Children's Commission is independent, and its decisions are not influenced by any government department or other agency. The Children's Commission has many functions, including:
- monitoring and reviewing laws, policies and practices impacting on services provided to children and young people
- running a statewide Community Visitor Program for children and young people in alternative care, including foster care
- receiving and investigating complaints about services to children and young people known to the Department of Child Safety
- maintaining the Child Death Register, administering the Child Death Case Review Committee and researching child deaths
- researching issues impacting the safety and wellbeing of children and young people
- promoting laws, policies and practices that uphold the rights, interests and wellbeing of children and young people, particularly those at risk.
What does the Child Guardian do?
The Child Guardian oversees services for, and decisions about, children in the care of the Department of Child Safety.
You can complain to the Child Guardian directly or through your community visitor.
Are you turning 18 and getting ready to leave the department's care?
After you turn 18, the department's child protection orders finish. The department no longer has a legal role as your guardian, but is required by law to make sure you are ready and prepared to leave care and start life on your own.
They should help you sort out money issues, a medicare card, a tax file number, somewhere to live, job and educational opportunities.
Remember the Charter of Rights? Before leaving care you have the right to be involved in planning the kind of support and assistance you may need after leaving care, like where you will live, help from Centrelink, job training and education.
If you have questions about what is going to happen when you turn 18, talk to your child safety officer.
The department has produced Where to from here? A guide to community services for young people making the transition for living independently, which lists the full range of community services available to assist young people in their transition from care.
Do you have a legal problem you need to talk to a lawyer about?
If you have a legal problem you need to talk to a lawyer about, you can contact a lawyer or ask an adult to help you. Could someone in your family that you trust help you contact a lawyer? Do you have a youth worker who could help?
Legal Aid Queensland can help you with a range of legal problems, eg:
- you are in trouble with the police
- you bought something you can't really afford
- you are upset about things happening to you in care
You can contact Legal Aid Queensland on 1300 65 11 88 about your legal problem.