Exiting OOHC

The date at which restoration is legally achieved is the date at which parental responsibility returns to the parents. This occurs when an STCO expires. It may also occur when the court rescinds a long term care order that (previously) allocated parental responsibility to the Minister.

When restoration has been achieved, post permanency casework support may be provided to a child, their parents, siblings and family/kin to:

• keep the child safe and meet their child’s needs at home
• continue building the parents’ strengths, confidence and ability to sustain the changes necessary to prevent their child from returning to OOHC
• support continuing connections between the child and family/kin or people who are important to them (including their previous carer)
• work with relapse occurring in the process of sustaining change, as a normal part of behaviour change
• work with the Department to address any identified or ongoing risks early, before they become so serious they result in further protective action
• support the stepping down of services provided prior to achieving restoration.

It is unlikely post permanency casework support will be needed for a child after a guardianship order is made. This is because the making of the order will have required the guardian to demonstrate an ability to meet the long term needs of the child without the need for case management or supervision.

However, guardianship post permanency casework support may be provided in rare, unforeseen circumstance when the Department and the PSP provider agree this support is required.

It is unlikely post permanency casework support will be needed for a child after an adoption order is made. This is because the making of the order will have required the proposed adoptive parents to demonstrate an ability to meet the long term needs of the child without the need for case management or supervision.

However adoption post permanency casework support may be provided when:

• additional short-term casework is required to further develop connections between the child and their birth family or people who are important to them, or
• the child is the subject of an adoption plan and the adoptive parents require additional short-term casework to carry out the provisions of the plan. 

The Department and a PSP provider have complementary roles in planning and providing post permanency casework support.

• In planning post permanency casework support, the PSP provider:
  • discusses the need for support with the Permanency Coordinator, as part of regular permanency progress reviews
  • develops a plan spanning the proposed period of post permanency casework support period, to commence upon exit from OOHC (for example to align with the period of a Supervision Order).
• During the period of post permanency casework support, the PSP provider continues to hold primary case responsibility and deliver casework services for the period approved.

A supervision order may be made for a child with a case plan goal of restoration, to commence after their STCO expires (section 76). It enables the Department to monitor and supervise the child’s care and protection. 

A supervision order specifies the reason and purpose of the order – which will be different for different children. It also states the period of the order, of up to 12 months. This may be extended for a further period of up to 12 months (a total 24 months).

During a supervision order, the Department:

• visits the child and observes the home where they are living with their parents
• provides parents with information concerning the purpose of the supervision order and any issues identified during supervision
• meets and talks with the child (if of appropriate age) and their parents to discuss the parents’ capacity in providing daily care to their child
• gives support and advice to the parents in relation to meeting the child’s needs
• conduct assessments or evaluates the need for supports for the child or parents
• provides one or more section 76 reports to the court about the outcomes of supervision and whether there is a need for a further period of supervision.

The Department and a PSP provider for post-permanency casework support, have complementary roles during a supervision order.

The Department:

• consults with the PSP provider, or any other service provider involved with the child and their family
• provides a copy of the supervision order to the provider
• liaises with the provider, when seeking direct contact with a child or their parents
• carries out the supervision to:
  • monitor the child’s safety, welfare and wellbeing in the care of their parents
  • support the parents to meet the child’s needs at home and
  • review the parents’ progress with the care plan goals and supervision order
• informs the provider when contact is planned, or if not possible, immediately after it has occurred
• shares all information relevant to supervision of the child
• considers reports provided by the provider; settles and files these as section 76 reports in the Children’s Court.

The PSP provider continues to exercise primary case responsibility for post-permanency casework support while the supervision order is ongoing unless the Department and the PSP provider agree otherwise. The PSP provider:

• continues to deliver the post-permanency casework support plan
• assists the Department to carry out its supervisory responsibilities, for example by visiting the child and their parents
• provides reports to the Department in relation to their provision of post-permanency casework support, including information about the safety of the child under supervision and the progress of their parents
• shares all information relevant to supervision of the child under supervision and responds to the Department’s requests for information exchange.

The provider does not participate in the exercise of statutory powers by the Department (section 76 or section 77). 

At a minimum, leaving care planning for a young person with disability, by a PSP provider, includes:

• identifying and documenting the disability needs of the young person, including any unmet or future needs to support them in preparation for independence
• working with their disability support coordinator or National Disability Insurance Scheme (NDIS) planner, to develop the young person’s NDIS plan and identify future options for independent living, and vocational care or shared accommodation options as part of the leaving care planning
• liaising with the nominated unit if the child needs the Public Guardian to be appointed for them or advocacy to assist in their preparation for leaving care
• ensuring the young person’s NDIS plan and leaving care plan work together to provide them with tailored support as they transition to adulthood.

At a minimum, leaving care planning for a young person, by a PSP provider, includes:

• facilitating options for a young person to remain with their carers or live with siblings or family/kin when this is a positive option for them
• providing assistance to find and secure safe, stable, affordable and appropriate accommodation before their care order ends
• ensuring their plan includes provision for establishment costs to set up a new home.

Leaving care planning for a young person, by a PSP provider, includes:

• supporting the young person to obtain their provisional driver licence
• providing professional driving lessons of sufficient quantity to enable the young person to obtain their provisional driver licence
• providing opportunities for the young person to access a car (and a person to accompany them) to practice driving and completing the logbook hours required to obtain their licence
• informing the young person that help to obtain a driver licence is available when they are ready to learn (up to 25 years).

Leaving care planning for a young person, by a PSP provider, includes identifying if the young person may be a victim of crime through conversations with the young person, their carers, and through a review of their file history.

Casework practitioners identify and respond to the needs of children and young people in statutory care who have been victims of crime. 

Under the Victim Support Scheme a child or young person may be eligible for counselling, financial support and a recognition payment if they are found to be a victim of crime.

There are two pathways available to PSP providers to access victims support for children and young people in statutory OOHC:

• making a recommendation for an application to Victims Services to the CFDU. The CFDU will review the recommendation and supporting evidence before advising the PSP provider on whether an application for support can proceed
• via an NGO referral for a legal audit. Young people who are the subject of a Final Order allocating parental responsibility to the Minister for a period of 2 years or more, and are aged 15 years or older, or will leave care in less than 3 years, must be referred to DCJ Legal Services for a legal audit of their file.

For more information on eligibility and processes see:

• NGO Victims of Crime Guidelines
• Supporting children and young people in out-of-home care who are victims of crime caseworker factsheet
• DCJ Victims Services information page.

Also see the Charter of Victim’s Rights.

Leaving care planning includes checking a young person’s residency or citizenship status.

Children and young people that are not Australian residents or citizens, in the care of the Minister, may be eligible for the Child (Subclass 802) Visa.

The Child (Subclass 802) Visa grants a permanent visa to children and young people in Australia, who the courts have determined are under the care of the relevant Australian state or territory Minister until they turn 18 years of age. 

PSP providers check the residency and citizenship status of all young people to identify eligibility for the Child (Subclass 802) Visa. This is particularly important when a young person is preparing to leave care, as the applicant must be under 18 years of age when the visa application is lodged.

PSP providers prepare the visa application and gather the supporting documentation and submit to their nominated unit for approval. The PSP provider is responsible for submitting the approved application to the Department of Human Affairs.

See Vulnerable Child Visa factsheet and Vulnerable Child Visa step by step guide

Leaving care planning by a PSP provider, includes identifying if a young person has unpaid fines. Young people in care under the age of 18, are automatically eligible for the Work Development Orders program. Care leavers are also recognised.

Work Development Orders help vulnerable young people clear unpaid fines with approved activities instead of money. Activities may include a TAFE course, treatment program, life skills course, counselling, or other options.

PSP providers ask young people, their parents or carers and any significant others about whether they have any unpaid fines. If the young person cannot afford to pay their fine, they should be encouraged to pay off their fines through participating in the Work Development Orders program. See Work and Development Orders. 

Leaving care planning includes identifying if a young person has a trust.  Most trusts hold funds from Victims of Crime recognition payments, but may include other payments including inheritance, superannuation, or compensation from an accident.

Young people in care may have a trust held by the NSW Trustee and Guardian. The responsibility to arrange a trust for a child in care is held by the Department.

PSP providers check if the young person has a trust account. Details should be held on ChildStory in the file notes, noting the young person will receive this money at 18 years of age (unless long term guardianship is planned due to disability). If a PSP provider is unsure if a trust exists, check with the nominated unit (CFDU).

PSP providers prepare young people to receive funds from a trust. Providers help them to develop financial literacy skills and consider whether a financial counsellor may be of assistance, if there are additional risks, such as drug dependency.

PSP providers coordinate with the nominated unit (CFDU) to ensure young people receive their trust funds when they turn 18 years of age. 

Leaving care planning by a PSP provider includes arranging a leaving care letter.

A leaving care letter is sent from the Minister to congratulate the young person on turning 18 years of age. It highlights the importance of their leaving care plan and outlines where to obtain additional and future support. 

PSP providers complete the leaving care letter template and leaving care overview template, and provide to the nominated unit (CFDU), for DCJ approval, three months prior to the young person turning 18 years of age. The Department approves the leaving care letter and leaving care overview and submits both to the Minister’s Office at least four weeks prior to the young person turning 18 years of age. The signed letter is returned to the Department to send to the young person.

A recently passed birthday letter template is used in exceptional circumstances, where a letter was not given to the young person prior to turning 18 years of age. The young person must not be more than 18 years and three months of age when the Minister’s Office receives the letter.     

Care leavers that have been in statutory OOHC are entitled to their personal information contained in their care history records.

Within care leavers records there is usually information which cannot be released because the disclosure of the information is restricted by legislation. This includes personal information of third parties where the information is not relating directly to the care leaver, and information which could lead to the identification of a person who has made a risk of harm report.

Care leavers are also entitled to their original documents, including but not limited to, their birth certificate, school reports, medical reports and personal photographs.

PSP providers seek their own legal advice on what specific information can be shared lawfully with a care leaver.

The PSP provider ensures young people are treated with dignity, respect and supported throughout the process. This may include:

• simply adopting a welcoming stance towards a young person requesting access
• in preparation for them to read their files:
  • informing them they are welcome to have a support person present or
  • offering to arrange a support person for the young person
• explaining parts of the young person’s files, such as the meaning of acronyms, the context of particular decisions, how particular forms have been used
• offering counselling (if necessary), noting some aspects of the young person’s story might trigger memories of traumatic events resulting in distress.

After a young person exits care, they may be able to access financial assistance from the Department to address health, housing, education or other needs. This might be an item of expenditure listed on their approved aftercare plan (and financial plan), or it might be an unanticipated item of new expenditure.

The PSP provider:

• advises the young person about the assistance available
• requests financial assistance on their behalf via the submission of the aftercare Planned Financials to the nominated unit, explaining why the assistance is needed
• submits the Planned Financials to the nominated unit, six months before the young person turns 18, to ensure it is approved before the young person turns 18
• responds to any changes requested, or the need for additional information
• submits the final Planned Financials via ChildStory Partner for final approval.

The nominated unit after receiving an aftercare financial plan from a PSP provider, responds in writing within 28 days, or via ChildStory Partner if it has already been uploaded, indicating whether it is approved or if changes / more information is needed.

Also see leaving and aftercare financial plans.   

The PSP provider makes sure the young person knows they can come to them at any time until they attain the age of 25 years to ask for help and assistance – including referral to counselling, housing support, early parenting programs, living skills courses, family planning and sexual health services, support to attend university or TAFE and specific aftercare and other services.

The young person can also ask for assistance from the Department, or when their needs are complex, the PSP provider may refer to, or work with, a specialist aftercare service.