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The Department may request a PSP provider to provide relevant information about a child, their parents, siblings or family/kin, to be filed as evidence in court proceedings.
Information may include Family Action Plans for Change, OOHC case plans, records of family time, records of home visits, school reports, health reports, restoration assessments, guardianship assessments or other assessments.
The PSP provider makes every effort to provide the information to the Department within five business days of a request or contacts the Department and negotiates a different time frame.
An employee of a PSP provider may be required to give evidence in the proceedings by way of affidavit or written report. If so, the employee is likely to be required to attend court as a departmental witness to be cross examined (asked questions) about their evidence at the final hearing. The departmental legal representative will help prepare the employee to give evidence at court and will support the employee when giving evidence as a departmental witness.
To support a case plan goal of restoration, a PSP provider may initiate parental drug and alcohol testing with voluntary participation of the parents concerned. If the proposal is subsequently accepted by the Department, the results of these tests are used in evidence in court proceedings, including to support a (section 90) care application for variation or rescission of the order.
To support the preparation for, or conduct of, court proceedings, a PSP provider delivers casework to support participation of parents in drug and alcohol testing:
(* Note: the cost of drug testing requested by the department or directed by the Children’s Court is the responsibility of the department.)
28 Mar 2023
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future.
Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.
You can access our apology to the Stolen Generations.