Communities and Justice

Changing the goal from long term care to another case plan goal

This section follows these steps:

Consider: The PSP provider practitioner considers permanency, based on everyday casework.

Propose: The PSP provider proposes to change a case plan goal, usually through a permanency consultation.

Develop: The PSP provider develops a case plan to reflect the changed case plan goal (if the change was approved).

Assess: The PSP provider conducts an assessment to determine whether to proceed to court and, what actions, if any, need to occur to achieve the changed case plan goal.

Achieve: DCJ seeks an appropriate court order to:

  • achieve the changed case plan goal (for example, a guardianship or adoption order)
  • put in place care arrangements necessary to achieve the changed case plan goal in less than 2 years (for example, an STCO).

Consider: everyday casework

Considering permanency occurs before the case plan goal is changed.

Considering permanency means to consider the activities of everyday casework and weigh up whether a case plan goal other than long term care would more effectively support the child’s current or emerging needs.

It starts with the child in their placement and considers stability, wellbeing, attachment to carers, and connection to family/kin. Permanency planning for children in long term care considers how to maintain stability and attachment, and connection to family/kin, through guardianship and adoption[1]. It does not need to first re-assess restoration.

Everyday casework includes:

  • Supervision of the placement – consider observations and conversation with the child, their carers, parents or family/kin.
  • Placement review – consider whether the placement is providing the child with the best opportunities for safety, stability, permanency, connection and wellbeing (section 150).
  • Carer review – consider the carer’s ability to care for a child including day-to-day care and control; correction and management of behaviour; instruction; giving of consent and decision making (section 157). Also consider the carer’s suitability as prospective guardians or adoptive parents (if applicable).
  • Case plan review – consider the child’s wellbeing across all domains of their life.

Weighing up whether the case plan goal of long term care is supporting the child’s current needs includes:

  • exploring through permanency consultation, group supervision or permanency progress review, the suitability of the case plan goal (long term care) to provide the child with the best opportunities for safety, stability, permanency, connection and wellbeing
  • conducting cultural consultation for children from Aboriginal and Torres Strait Islander or CALD backgrounds
  • reviewing file records about the child’s life, including the Family Action Plan and OOHC case plan reviews, home visit records, records of family and sibling time and independent reports and assessments
  • having face-to-face preliminary discussions with the child (if age appropriate to do so) and people who love and care for the child, such as their carers, parents, siblings and family/kin. Professionals and community members working with the child may be included in discussions about changing a case plan goal. Preliminary discussions may also occur as part of a case meeting
  • being aware that discussions about changing a case plan goal can cause anxiety for children, their carers, parents and family/kin. This is best addressed by:
    • providing factual information about the process of changing the case plan goal
    • providing mandatory information
    • explaining the discussion, although important, does not mean a change in case plan goal will be approved by the Department or the Children’s Court
    • referring for legal and other advice (if appropriate)
  • avoiding making statements that could be perceived as pre-empting the decision of:
    • the Department to change the case plan goal or
    • the Children’s Court or Supreme Court to make the necessary order
Restoration

Factors prompting a PSP provider to consider assessing restoration include:

  • the parent, or another party to proceedings, has filed a Section 90 application with the Children’s Court to request the child to return home and proceedings have commenced
  • ·the child has self-placed (chosen to return home to stay) with their parent, and the worries that led to them coming into care have reduced enough for restoration to be considered
  • the child is not experiencing permanency and belonging in their current placement and DCJ assesses that returning home is a realistic possibility that will support the child’s safety, wellbeing.

PSP providers may also consider assessing restoration when a parent approaches the PSP provider, with evidence demonstrating their circumstances have changed enough for restoration to be considered, including:

  • they have made changes related to the issues that led to their child coming into care
  • a consistent commitment to and participation in quality family time 
  • a network of support people who will help build greater safety for their child.

PSP providers consider what is in the best interests of the child. This includes understanding the child’s wishes, and any reasons why they may or may not want to return home. PSP providers ask for and listen to the child’s views in ways that suit their abilities and communication preferences.

PSP providers also consider the stability of the placement and any negative effects of disrupting the current placement on the child’s safety, wellbeing, permanency, and belonging.  

PSP providers request a permanency consultation from a Permanency Coordinator when considering changing case plan goal to restoration.  

When considering changing the case plan goal to restoration:

  • consider what information or evidence will be required by the court to rescind or vary the existing court order (section 90)
  • talk to the CFDU and Permanency Coordinator about what evidence-based assessment tools will be used to assess the restoration and manage risk.
Guardianship

Factors prompting a PSP provider to consider guardianship include:

  • the child, their carers, parents or family/kin request that guardianship be considered
  • the carers being able to meet the long-term needs of a child without supervision of the placement by the Department or a PSP provider, including the child’s:
    • ongoing cultural support needs (as detailed in the cultural support plan)
    • need for identity and connection through facilitating and supervising family time between the child, their parents and family/kin and
    • age, that if aged 12 years and over, they will consent to the order.

When considering changing the case plan goal to guardianship:

  • discuss with the carers the possibility of becoming guardians. This could be identified in the carers’ annual review or at another time. Explain the process involved in changing the case plan goal and seeking a guardianship order
  • talk to the nominated unit and Permanency Coordinator about the process, mandatory tasks and information/support materials available to support practice.
Open adoption

A PSP provider may be prompted to consider adoption if the child, their carers, parents or family/kin request adoption be considered.

When considering changing the case plan goal to adoption, complete casework tasks required in the OOHC adoption pre-enquiry stage.

Pre-enquiry stage

The PSP provider:

  • notifies the Adoption Caseworker and Permanency Coordinator when open adoption is being considered for a child 
  • convenes a workers’ meeting with the Adoption Caseworker, Permanency Coordinator, PSP provider practitioners and CFDU practitioners to discuss and determine the child's suitability for open adoption; and identifies casework tasks, timeframes and responsibility for completing them 
  • conducts a home visit to the foster carers and child, involving the Adoption Caseworker, to discuss the process involved in changing the case plan goal and seeking an adoption order
  • completes a placement review (if required) to identify issues that may have an impact on the proposed adoption.

Agreement between the Adoption Caseworker, CFDU and the PSP provider is necessary to change the case plan goal to adoption. 

This occurs before proceeding to the Enquiry Stage.

PSP providers can contact DCJ Adoption Caseworkers via OOHC Adoption and Permanency Services at adoption.permanentcare@facs.nsw.gov.au.

Propose: to change the case plan goal

The PSP provider requests a permanency consultation to propose the Department change the child’s case plan goal. In preparing for the consultation, the PSP provider submits evidence indicating a case plan goal other than long term care would be more effective in meeting the child’s needs and achieving permanency.

If the matter is complex, the Permanency Coordinator may convene group supervision with the nominated unit and the PSP provider, to jointly consider the proposal.

Recommendations arising from a permanency consultation or group supervision do not amount to approval of a proposed case plan goal. While a Permanency Coordinator may support a PSP provider’s proposal, the decision to change the case plan goal is subject to approval by a Manager Casework* (delegation level 5 or above)**.

Also see Changes to a case plan goal and Aboriginal family-led decision making (glossary).

(* Subject to other approved local arrangements, pilots or trials, a position other than Manager Casework may hold this delegation (if grade 9 or above). ** Barnardos is delegated aspects of parental responsibility under a deed entered into by the Department and Barnardos. This delegation allows Barnardos to approve changes to case plan goals for non-Aboriginal children with a final order, without proposing the change to the Department.)

Aboriginal cultural considerations in changing a case plan goal

When a proposal is made to change the case plan goal of an Aboriginal child, the PSP provider submits relevant evidence indicating the involvement of Aboriginal family/kin in Aboriginal family-led decision making.

Guardianship

Guardians who are not relatives/kin of an Aboriginal child should, where practicable and in the child’s best interests, be Aboriginal people.

Delegation to change an Aboriginal child’s case plan goal to guardianship, rests with:

  • Manager Casework (or above), when the prospective guardian is Aboriginal family/kin
  • Executive District Director when the prospective guardian is not Aboriginal family/kin.
Open Adoption

Open adoption for an Aboriginal child is only considered where other permanency options, including long term care, is not practicable or in the child’s best interests. Follow Aboriginal child placement principles when open adoption is being considered for an Aboriginal child.

Delegation to change an Aboriginal child’s case plan goal to adoption, rests with the Director Community Services.

Delegation to consent to filing an adoption application for an Aboriginal child, rests with the Secretary.

Develop: a new case plan

A PSP provider reviews the case plan to reflect the changed case plan goal.

The commencement date of the reviewed case plan is the same as the date of approval of the changed case plan goal.

Assess

Assessing the case plan goal means to:

  • conduct formal assessment to determine suitability to proceed to court and, if relevant, what actions are needed to achieve the goal
  • engage the child, their carer, parents and family/kin in the assessment
  • gather and prepare evidence necessary to seek a court order.

Restoration, guardianship, adoption or other assessments may be conducted by the PSP provider or subcontracted by the PSP provider to an independent assessor (a Panel of Independent Assessors is available). 

Restoration

The PSP provider compiles evidence to file a section 90 application, seeking to vary or rescind the existing court order and make an STCO.

The evidence may include an independent restoration assessment.

Note: The child may not be placed with the parents by the PSP provider in accordance with arrangements set out in the restoration care plan, until such time as the court makes a STCO.

Also see Interim court orders and STCOs.

Guardianship

A PSP provider may begin to work toward guardianship of a child (whose case plan goal was previously long term care), immediately after the Department has changed the case plan goal. A new court order is not required.

In order to seek a guardianship order, a guardianship assessment is required. This may be conducted by the PSP provider or subcontracted by the provider to an independent assessor (a panel of Independent Assessors is available).

A guardianship assessment demonstrates the child’s carers are suitable to become proposed guardians. Criteria include:

  • demonstrated ability to independently meet the long term needs of the child without the case management and supervision of the PSP provider
  • demonstrated understanding of the child’s trauma experience, and how they will manage its potential impact on the child’s longer term development
  • demonstrated capacity and willingness to arrange, coordinate and supervise safe contact with the child’s family and negotiate difficulties that may emerge
  • demonstrated capacity to understand the child’s identity and their role in supporting the child through life story work
  • demonstrated capacity to meet the child’s ongoing cultural needs, where relevant.

Also see Guardianship (for parents, family/kin and carers). 

Open adoption

A PSP provider may begin to work towards adoption of a child (whose case plan goal was previously long term care), immediately after the Department has changed the case plan goal. A new court order is not required.

Open adoption in NSW can only occur through the Department or an accredited adoption service provider A non-accredited PSP provider continues to exercise primary case responsibility, whilst working with an accredited adoption service provider.

When assessing a changed case plan goal of adoption, complete the casework required in the adoption enquiry and under assessment stages.

Also see Adoption Factsheets(for PSP providers).

Enquiry stage

The PSP provider:

  • formally invites the foster carers to apply for adoption
  • supports the foster carers to complete the application and conduct probity checks
  • contacts the birth parents to advise of and provide information about the process and seek their views
  • organises an assessor to complete the adoption assessment, court report and adoption plan (a Panel of independent assessors is available).

Pre-enquiry stage

The PSP provider:

  • notifies the foster carers and parents of decision to proceed to adoption assessment
  • updates and sends the child's file to the Department’s OOHC Adoption Team for review by the assessor
  • supports the assessor as required and reviews the draft adoption assessment report and draft adoption plan.

The Adoption Caseworker prepares and submits a briefing note for approval to commence adoption action and approve the foster carer’s suitability to adopt.

This occurs before proceeding to the Adoption Approved Stage

Achieve: permanency (by seeking a court order)

A new court order is necessary to put in place care arrangements that:

  • achieve the changed case plan goal
    For example:
    • a guardianship order for a child whose case plan goal has changed to guardianship.
    • to rescind a care order, if a child has self-placed with their parent (contrary to the current order), when the Department assesses restoration is in the child’s best interests.
  • put in place care arrangements necessary to achieve the changed case plan goal in less than 2 years.
    For example, seeking a STCO for:
    • a child whose case plan goal has changed to restoration, to support case planning for a child’s return to the care of their parent (over the period of the plan)
    • a child whose case plan goal has changed to adoption, to support adoption case planning and application for an adoption order in the NSW Supreme Court
Restoration

Before a PSP provider may begin to work toward achieving restoration of a child (whose case plan goal was previously long term care), a section 90 application to rescind the existing care order must be approved by the court.

The child may not be placed with the parents by the PSP provider until there is a new order, and only as set out in the restoration plan approved by the court. This is because:

  • the Children’s Court has previously accepted there is no realistic possibility of restoration to the parents (section 137(1A))
  • this finding, along with the long term care order needs to be rescinded and replaced with an appropriate order and
  • a new restoration care plan accepted by the court and STCO is required.

As the model litigant, the Department files a section 90 application in the NSW Children’s Court seeking that an STCO be made. The application includes evidence of significant change in relevant circumstances such as:

  • all evidence gathered and prepared by the PSP provider
  • a restoration or parenting capacity assessment recommending restoration proceed.

During court proceedings:

  • the court may order an assessment by the Children’s Court Clinic (even if another assessment has already occurred)
  • the Department and the PSP provider prepare a new care plan (section 83(5)) to support restoration.

During court proceedings and after an STCO is made, PSP providers use evidence-based assessment to manage risk, support decision making and monitor progress towards achieving the case plan goal. The Department’s preferred evidence-based assessment tool is the SDM© Restoration Assessment and may be used by providers (under licence to the Department). However providers may use different evidence-based tools at their discretion.

Also see restoration placement.

Guardianship

As the model litigant, the Department files a section 90 application in the NSW Children’s Court which includes evidence of significant change in relevant circumstances such as:

  • all evidence gathered and prepared by the PSP provider
  • a guardianship assessment recommending a guardianship order be made.

When preparing a guardianship application, the need for a contact order is considered, noting the Children’s Court may make a contact order for longer than 12 months (only when a guardianship order is made) and it is in the child’s best interests (section 86(8)).

During court proceedings, the Department prepares a new care plan (section 83(5)) that, if accepted by the court, will allow the court to make a guardianship order to be achieved within two years.

Open adoption

As the model litigant, the Department leads the court proceedings in the NSW Supreme Court, which includes submitting:

  • all evidence gathered and prepared by the PSP provider
  • an adoption assessment recommending an adoption order be made.

During court proceedings, complete the casework required for the adoption approved stage, pending court outcome and court decision stages

Adoption approved stage

The PSP provider convenes a case conference to discuss the decision to commence legal court work, provisions in the draft adoption plan, consents, outstanding casework tasks, and the assessor’s next steps.

As the model litigant, Adoption and Permanency Services completes and files the court application, including all affidavits. Liaison continues between the PSP provider, the Adoption Caseworker, the assessor, the CFDU and all parties.

The Adoption Caseworker continues to provide advice (legislation and practice) and support throughout the process, including consultation in complex decision making.

Pending court outcome stage

Adoption and Permanency Services coordinates the filing of further evidence in proceedings. Liaison continues between the PSP provider, the Adoption Caseworker, the assessor, the CFDU and all parties.

The Adoption Caseworker continues to provide advice (legislation and practice) and support throughout the process including consultation in complex decision making.

Court decision stage

Adoption and Permanency Services notifies all parties of the court’s decision to make (or decline to make) an adoption order. The Department returns the PSP provider’s files. Liaison continues between the PSP provider, the Adoption Caseworker, the CFDU and all parties.

Last updated:

03 Apr 2023