Legal Aid Conference Friday 22 August 2014

Snapshot - OOHC in NSW 481 children and young people were in residential care (2.6%)

Transition Achievements as at June 2014 OOHC Transition achievements since March 2012: 4,395 Total OOHC population in NSW: 18,952 Total Statutory OOHC population (foster, relative/kinship) in NSW: :12,244 6,456 (53%) with NGO – 4,643 (58%) non-Aboriginal children and young people – 1,813 (42%) Aboriginal children and young people 5,788 (47%) with Community Services – 3,318 (42%) non-Aboriginal children and young people – 2,470 (58%) Aboriginal children and young people

Transition Achievements as at June 2014 Aboriginal capacity building Currently there are : 10 accredited Aboriginal OOHC services (six fully accredited and four provisionally accredited) 8 partnerships between Aboriginal community organisations and accredited agencies – many have taken placements 6 partnerships nearing development of an MOU 2 partnerships under discussion 2 accredited providers expanded into 5 communities that will expand into stand alone accredited Aboriginal services

Transition Achievements as at June 2014 Regional Implementation Groups (RIGs) Established in each region to provide strategic direction and decision making for OOHC transition Develop and implement regional transition plans Membership includes Community Services and NGOs, led jointly by Community Services and NGO (NGO and Community Services Co-Chair) Each RIG established working groups aligned to four key strategies of OOHC Strategic Framework Stage Two

Continued Transition of OOHC to NGOs OOHC Transition Strategic Framework Stage Two and Plan Focus of plan is on improving systems and processes to support transition. It includes four key statewide strategies: Embed governance and cultural change Build service sector capacity Build systems and processes that support collaboration and improve service delivery Recruit, retain and support the carers to the NGO sector that children and young people need

Opportunities & Challenges Safe Home for Life Reforms –Preservation –Restoration Decision Timeframes –Permanent placement principles Immediate Care- placements Partnership Workforce development Aboriginal Capacity Building Residential Care Engaging in a more meaningful way with stakeholders

Care proceedings roles and responsibilities Fact Sheet: Care proceedings when case management has been assigned to NGO developed and published on Community Services website Fact sheet provides information on: s82 reports and s90 applications NGOs and their own legal representation Carers and their own legal representation How NGO get Care Order varied

During interim orders : Community Services retains all statutory child protection responsibilities Community Services will consult with NGO about decision submitted to Court NGO provide up to date information to Community Services in affidavit Community Services will finalise affidavit and file as part of Minister’s application Care proceedings roles and responsibilities

Following order allocating parental responsibility: Section 82 reports completed by NGO and forwarded to Community Services Community services will endorse the report and file report with the Court Community Services will liaise with the NGO regarding any concerns about the report not complying with the order Care proceedings roles and responsibilities

Applications to vary or rescind the orders: NGO can recommend to Community Services to vary, rescind or appeal against Court order NGO discuss and negotiate position taken by Community Services NGOs need to give evidence to the Court with supporting evidence Community Services to present all views to the Court and explain why its application may be different from views of NGO or carer

Care proceedings roles and responsibilities Carers views: Community Services and NGO must work together to ensure carer’s views are incorporated as part of decision making NGOs must inform Community Services of carers views even if these are different from the NGO

NGO awareness of legal issues and legal proceedings Community Services and ACWA/CCWT developed and delivered a 2xday Introduction to Legal Issues training. ACWA/CCWT continue to roll out training ACWA/CCWT delivering Affidavit Writing for NGOs and Giving Evidence in Children’s Court training July-October 2014 across state Legal Issues Practice Forum with Judge Johnstone. Forum available via webinar to maximise participation across the state Forum focus on NGO role in Children Court, care plans, court orders and court reports

Review of Case Management Policy and Contact Framework Policy review to respond to identify and respond to emerging implementation and practice challenges Items to be reviewed include: – Case management during interim orders – Placement of Aboriginal children in non-Aboriginal NGOS – Provisionally accredited NGOs and case management Consultation and workshops are underway with NGO and Community Services

Review of Case Management Policy and Contact Framework Consultations include work around developing a Common Contact Framework to provide platform for consistent decision making Contact issues to be revisited include: – Care plan documents – Proposed contact arrangements – Arrangements that can be varied to meet needs of child – Emphasis on specific purpose of contact Review of Case Management Policy is due to be completed in late 2014.

Letter from a Young Person To everyone at [NGO] Thank you so much for everything and for putting up with all my tantrums and all those long nights at hospital. What you guys have done for me I won’t forget – I love all of you’ all so much. I honestly don’t think I’d be alive if I didn’t come here. What all of you do is awesome and I don’t know if you all realise but you do save kids everyday and give them that little bit of hope and love they need. And what makes you all so awesome is that it is pretty much unconditional care. You don’t care where kids come from, or where they are now your still there and are always trying to make each day better than the last. And that’s something only too few people can do. Keep smiling – always – forever