Transfer of case responsibility

When the child is subject to an interim order, the transferring and receiving provider clarify roles and responsibilities including tasks such as the receiving provider’s role in:

• preparing affidavits and participating in the development of court documents
• facilitating quality family time
• organising court ordered assessments and
• participating in preparing the child’s care plan.

Also see court proceedings.

Children are placed in an OOHC placement provided by a PSP provider, when delegation to consent to filing an adoption application for an Aboriginal child, rests with the Secretary.

Whilst the Department may make an application for such an order, the decision of the Children’s Court cannot be pre-empted. The court may make the order sought, or it may make a different order, such as an order allocating some or all aspects of parental responsibility, either solely or jointly, to the Minister and other parties.

If the court makes an order, other than an order allocating parental responsibility to the Minister (at minimum, the aspect of residence):

• in most circumstances, the PSP provider does not continue to exercise case responsibility. Rather, case responsibility transfers to the Department
• in some circumstances, a PSP provider may continue to exercise case responsibility if this is assessed as in the best interests of the child, for example:
  • it is in the best interests of the child to remain in a disability residential service and for decisions to be made by both the Minister and a relative or suitable person who exercise parental responsibility jointly
  • it is the best interests of the child to remain in the primary case responsibility of the PSP provider which is meeting their cultural needs.

This decision is subject to Departmental approval of a Director Community Services or Director Operations (delegation level four and above).

Transfer of primary case responsibility between PSP providers may occur if another PSP provider will exercise primary case responsibility for achieving a child’s case plan goal. This can occur when a:

• child and their parents or family/kin move to a different city or town (in the case of preservation) or
• child’s carers move to a different city or town, or a child is restored to parents in a different city or town (in the case of OOHC).

Transfer between PSP providers is avoided when it could weaken continuity of casework, have an adverse impact upon the wellbeing of a child, their parents, siblings or family/kin and decrease the likelihood the child’s case plan goal being achieved. In minimising the need for transfer, innovative approaches are considered to adapt service delivery to the changed circumstances.

For example:

• Can an existing caseworker travel out of area to continue working with the child?
• Can additional services be purchased in the place where the child has relocated?

Transfer between PSP providers requires prior approval from the nominated unit.

PSP providers support carer mobility across providers when required and in the best interests of the child/children in their care.

Sometimes carers seek to transfer their authorisation from an existing PSP provider to a proposed PSP provider. For example, when carers:

• relocate to an area where their existing provider does not operate
• seek authorisation by a provider that is able to better meet the culturally and linguistically diverse (CALD) needs of the carers or children in their care
• seek authorisation by an ACCO due to the Aboriginal background of the carers or children in their care (this may also be facilitated/directed by the Department)
• form a grievance towards their existing provider that is not able to be resolved.

In these circumstances the existing and proposed PSP provider, as well as the Department, have complementary roles:

• the proposed PSP provider’s assessment includes consideration of the carer’s history with the existing provider and any other previous providers
• the existing provider exchanges information with the proposed provider to support their carer assessment, and with the Department to inform decision making
• the Department considers the proposed change in PSP provider in the context of the child’s best interests. Factors considered include:
  • the child’s views and wishes and those of their parents, siblings and family/kin
  • duration of the placement (for example, whether a crisis or short term placement, or a long term placement)
  • whether the proposed transfer would result in separation of primary case responsibility for a sibling group or
  • if the transfer will cause unmanageable impact upon family or sibling time
  • any other relevant factor
• If the Department approves the proposed change in PSP provider, transfer of primary case responsibility is arranged between PSP providers.

A PSP provider ceases to hold primary case responsibility when the child exits statutory OOHC in the following scenarios:

• a care order is made allocating parental responsibility for the aspect of residence to the carer and the Department will pay a Supported Care Allowance
• a guardianship order is made and the Department will pay a Guardianship Allowance
• an adoption order is made and the Department will pay a Post-adoption Allowance
• a child is restored to their parents and the care order allocating parental responsibility to the Minister has expired and a supervision order takes effect.

In each of these scenarios, primary case responsibility transfers to the Department. 

(Note: if a child is restored to their parents and the care order has not yet expired, primary case responsibility remains with the PSP Provider.)  

Transfer of primary case responsibility from one PSP provider to another PSP provider occurs in circumstances when the transferring PSP provider ceases to provide OOHC. For example:

• the provider provides other services but they no longer provide OOHC or
• the provider ceases to operate entirely.
• When this occurs:
• the Department approves the proposed change in PSP provider
• transfer of primary case responsibility is arranged between PSP providers, before the transferring provider ceases to deliver OOHC services.

If transfer of primary case responsibility does not occur before the transferring PSP provider ceases to deliver OOHC, the Department’s role is to:

• coordinate and facilitate onward transfer to the receiving PSP provider
• supervise the placement (section 141) pending transfer.

The Department temporarily supervises the placement of a child in OOHC when the PSP provider with primary case responsibility:

• is no longer able to enact the functions of a designated agency because accreditation to provide OOHC services has been suspended or cancelled, and 
• has not been able to transfer case responsibility to a receiving provider before accreditation is suspended or cancelled.

The Department retains secondary case responsibility and supervises the placement until primary case responsibility can be transferred to an accredited PSP provider.

The Department will identify an alternative PSP provider to which primary case responsibility can be transferred. Primary case responsibility transfer occurs after the receiving PSP provider has authorised the child’s carer.

The transferring provider

The transferring PSP provider supports the Department in facilitating transfer to the receiving PSP provider.

The transferring PSP provider is responsible for returning to the Department:

• all of the child’s paper and electronic recordsNote: A PSP provider that ceases to be a designated agency is require to deliver its paper and digital records to the Department.
  Refer to Statutory out-of-home care agency recordkeeping.
• any equipment obtained or purchased to support the child’s needs (excluding equipment already held by the child’s carer)
• any funds or assets held in trust for the child.

The transferring PSP provider attends and participates in the transfer meeting with the nominated unit and receiving PSP provider.

The Department

The Department does not exercise primary case responsibility during a period of supervision. Rather, the Department’s nominated unit supervises the placement.

The nominated unit responsible for supervising the placement undertakes casework tasks including:

•  exercising secondary case responsibility on behalf of the Secretary
• making decisions on matters relating to the safety, welfare and well-being of the child
• ·supporting the carer to exercise care responsibility
• ensuring the safety, welfare and well-being of the child is being protected and promoted
• identification of a receiving provider to accept transfer of case responsibility
• facilitating and preparing the child’s case for transfer to the receiving provider, without delay
• reporting to the Office of the Children’s Guardian.

The receiving provider

The receiving provider does not exercise case responsibility during a period of supervision. Rather the provider supports the Department by:

• preparing to accept transfer of case responsibility
• conducting the required carer assessment and all probity checks necessary to authorise the child’s carer as a carer for their agency.

Nominated units refer to the DCJ Supervising a Placement Policy.

Transfer of primary case responsibility from a PSP provider to the Department occurs in exceptional circumstances when the Department and the PSP provider agree the PSP provider cannot provide the child with safety or can no longer achieve the child’s case plan goal. Transfer to the Department may include:

• when carers relocate to a new city or town and their PSP provider does not operate in this area, nor do any other PSP providers operate in this area
• an away from placement or not in placement period has expired and is not extended
• circumstances in relation to an interstate movement of a child are so complex, they fall outside the scope of this policy or
• a critical event has occurred and the Department and the PSP provider agree the PSP provider can no longer exercise primary case responsibility.

Transfer to the Department is subject to approval by a Manager Client Services (delegation level five, grade 11 and above), following consultation with the allocated contract manager.

All proposed interstate movements of children in primary case responsibility of a PSP provider require permission of a departmental Principal Officer, being Director Operations or Director Community Services, 42 days prior to the child moving interstate.

However, the requirement for permission by a Principal Officer does not include interstate travel for shorter periods of up to three months, when it is not intended the child will continue to reside interstate permanently.

Shorter periods of interstate travel, for example, for regular attendance at school in cross border towns or for short holidays, is subject to approval by a Manager Casework (delegation level five and above).

The decision to grant or decline permission for a proposed interstate movement is made by the departmental Principal Officer. The Principal Officer:

• ensures compliance with obligations and responsibilities articulated in the Interstate Child Protection Protocol
• ensures compliance with the Department’s Casework Practice Mandates and the PSP PCMP, Rules and Practice Guidance
• requests or gathers further information as required to assist in their decision making
• always liaises with Interstate Liaison
• obtains legal advice from the Child Law Legal Officer (if required)
• grants or declines permission for interstate movements using templates and guidance provided by Interstate Liaison, and
• ensures the rationale for permission, conditional permission, or declining permission, is documented in ChildStory.

When interstate movement of a child in primary case responsibility of a PSP provider is proposed, the PSP provider:

• makes a request for permission from the Department’s Principal Officer for the proposed interstate movement, using templates and guidance provided by the Department’s CFDU and Interstate Liaison
• provides written information about how they propose to:
  • support family/kin contact, relationships and identity
  • maintain support of the child and carers in the placement and
  • support achievement of the child’s permanency goal
• provides information about a new placement (if a change to the placement is proposed) including evidence of the proposed carer’s authorisation by a designated agency in NSW. Also see changing a child's OOHC placement.
• notifies of any proposed change in PSP provider (if a change in PSP provider is required). Also see transfer of primary case responsibility.
• initiates a proposal to change the case plan goal (if a change to the goal is proposed). Also see changing the goal from long term to another case plan goal.
• documents the outcome of the request for permission.

PSP providers exercising primary case responsibility are not delegated any powers or functions of parental responsibility* in relation to interstate movements of children in statutory OOHC.

It is a requirement that a nominated unit hold secondary case responsibility, and make decisions, for the child that has, or will, move interstate. The nominated unit makes all decisions in relation to:

• movement of the child interstate
• interstate requests of the other jurisdiction
• all parental responsibility decisions while the child resides interstate (until/unless transfer of orders)
• reviewing the transferability of the child protection order, consulting with Interstate Liaison and Child Law to discuss and seek confirmation if required and
• requesting the transfer of orders.

The nominated unit also:

• liaises with the Principal Officer
• ensures the Interstate Child Protection Protocol, the Department’s Casework Practice Mandates and this policy have been followed and
• documents all decisions on ChildStory.

(* Barnardos is delegated certain powers and functions of parental responsibility under a deed entered into by the Minister for DCJ and Barnardos. However, this delegation to Barnardos does not include power to grant permission for interstate movements.)

Principal Officer grants permission

The Department and the PSP provider exercising primary case responsibility have complementary roles when a Principal Officer grants permission for the interstate movement of a child:

• the Principal Officer provides the PSP provider with written advice of:
  • the decision to grant permission and any reasons for it, and
  • any additional conditions to be met subject to permission taking effect
• the provider submits an updated OOHC case plan to the nominated unit, at least 21 days prior to the proposed interstate movement
• Interstate Liaison provides advice and support to the Principal Officer and nominated unit (as required)
• the PSP provider convenes an interstate movement meeting with the nominated unit and any other relevant stakeholders. This includes administrative tasks such as updating or preparing a new case plan and circulating the meeting minutes and case plan within five business days (unless a different timeframe is agreed)
  
  The updated case plan states all financial arrangements, contact agreements and case management decisions made with the PSP provider and the Department, and are only valid up until the point of transfer. Once the order is transferred, it will be up to the receiving state to make decisions in line with their own legislation and policies
• an officer of the nominated unit with decision-making delegation (Manager Casework, delegation level five or above) attends the meeting
• the purpose of the meeting is to identify roles and responsibilities of each stakeholder, considering:
  • actions prescribed by legislation and regulations in the receiving jurisdiction
  • what requests are to be made of the interstate child protection department under the Interstate Child Protection Protocol
  • how the provider will respond to any placement breakdowns, allegations against the proposed carers, reportable conduct, and quality of care concerns
  • how the Departments will assess possible child protection reports and what support will be required of the PSP provider, and
  • how the interstate transfer of the child’s care order will be facilitated.

Principal Officer declines to grant permission

The Department and the PSP provider have complementary roles when a Principal Officer declines to grant permission for the interstate movement of a child.

• The Principal Officer provides the PSP provider with written advice of the decision to decline to grant permission and the reasons for this decision.
• Interstate Liaison provides advice and support to the Principal Officer and nominated unit (as required).
• The PSP provider convenes a case meeting with the nominated unit, the child’s current carers, proposed carers (if applicable), the child, their parents, family and any other relevant stakeholders. This includes all administrative tasks such as circulating the meeting minutes within five business days (unless a different timeframe is agreed).
• An officer of the nominated unit with decision making delegation attends the case meeting.
• The purpose of the case meeting is to:
  • provide the carers with information and the rationale for the decision
  • listen to the carer’s views and wishes and
  • explore alternatives to meet the child’s needs and how these are to be funded.
• The PSP provider prepares and submits an updated OOHC case plan to the Department, to address the child’s needs in the context of the child remaining in NSW. For example, it may include regular visits to interstate siblings or family/kin under an interstate travel authority.

Interstate movement of a child occurs without permission

The Department and the PSP provider have complementary roles when there has been an interstate movement of a child without permission.

• The Department’s Principal Officer writes to the PSP provider and requests they provide, within seven days, written information about:
  • the circumstances leading to the interstate movement, including key dates, residential address, school in which the child is enrolled, persons involved, and
  • the reasons why permission for the interstate movement wasn’t obtained.
• The PSP provider submits information requested by the Principal Officer. Additionally, the provider submits information about how they are currently:
  • supporting family contact, relationships and identity
  • maintaining support of the child and carers in the placement and
  • supporting achievement of the child’s permanency goal.
• Interstate Liaison provides advice and support to the Principal Officer and nominated unit as required.
• Commissioning and Planning provide advice to the nominated unit as required.

The PSP provider convenes an urgent interstate movement meeting, within 14 days, with the nominated unit and any other relevant stakeholders. This includes all administrative tasks such as circulating the meeting minutes within five business days (unless a different timeframe is agreed).

A nominated unit practitioner with decision making delegation (Manager Casework, delegation level five or above) attends the meeting.

The purpose of the interstate movement meeting is to:

• explore what case-specific, systemic or other issues brought about the interstate movement without permission
• consider any contractual issues arising from the movement
• possibly inform the PSP provider that the Foster Care baseline package (only) may temporarily cease because it has become an unauthorised placement
• consider whether any party has acted in breach of the Care Act, NSW Child Protection (Working with Children) Act 2012, or other statute, and
• discuss and record minimum requirements, including timeframes, for resolution.

Sometimes the nominated unit convenes a legal consultation with the Child Law Legal Officer to obtain additional legal advice (primarily, when there are risk of harm concerns).

For example, advice in relation to:

• issuing a direction under section 154(2)(b) or section 232
• seeking a warrant under section 233 (contact Interstate Liaison for advice when issuing a warrant interstate) or
• seeking recovery orders under the Family Law Act 1975.

The Principal Officer, having considered all of the information and advice, makes a decision to grant, or decline, permission for the interstate movement of the child.

• If permission is granted, see Principal Officer grants permission.
• If permission is not granted, see Principal Officer declines to grant permission.

In addition, when permission is not granted, the nominated unit convenes a follow-up interstate movement meeting with the provider and other relevant stakeholders. This includes all administrative tasks such as circulating the meeting minutes within five business days (unless a different timeframe is agreed).

The purpose of this meeting is to identify roles and responsibilities of each stakeholder, considering:

• how the PSP provider will address the minimum requirements for resolution
• what actions are prescribed by relevant legislation and regulations in the receiving jurisdiction
• what actions are to be taken by the Department, arising from legal advice and
• what requests are to be made of the interstate child protection department under the Interstate Child Protection Protocol.

Also see PCMP Resources – List: legislation informing practice.

PSP provider has child protection concerns

When a PSP provider holds child protection concerns for a child that has moved interstate, the PSP provider makes a report to:

• the statutory child protection authority in the interstate jurisdiction and
• the NSW Child Protection Helpline.

If a PSP provider receives information to indicate a child has moved interstate because of being forcibly abducted, the PSP provider immediately makes a report to:

• NSW Police and Police in the interstate jurisdiction
• the statutory child protection authority in the interstate jurisdiction and
• the NSW Child Protection Helpline

The decision by the Department to grant or decline permission for a proposed interstate movement of a child is not a reviewable decision (section 245).