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Below is an explanation of each of the ***Six Steps in the process for guardianship and open adoption (PDF, 195.9 KB) and Six Steps to open adoption from out-of-home-care (PDF, 197.7 KB)
Think about which legal option will support the child to have relational, cultural and physical permanency.
The caseworker will talk with the carer, child and family about permanency. Consider what is in the child’s best interest, what is in place now and what else needs to be done before the case plan goal can be changed. Focus on relationships and belonging, cultural connection, family time, life story and carer readiness.
Decision: Department of Communities and Justice approve the case plan goal change.
a. Thinking about permanency
Consider
b. Talk with child, carer and family and provide guardianship information, include changes to financial support
c. Getting ready through action
d. Consultation about permanency
e. Update case plan and action outstanding tasks. Update the cultural support plan, if applicable
f. Referral to DCJ legal for victim’s support audit
Resources:
a. Thinking about permanency
Consider
b. Talk with child, carer and family and provide guardianship information, include changes to financial support
c. Getting ready through action
d. Consultation about permanency
e. Update case plan and action outstanding tasks. Update the cultural support plan, if applicable
f. Referral to DCJ legal for victim’s support audit
Resources:
a. Thinking about permanency
Consider
b. Talk with child, carer and family and provide guardianship information, include changes to financial support
c. Getting ready through action
d. Consultation about permanency
e. Update case plan and action outstanding tasks. Update the cultural support plan, if applicable
f. Referral to DCJ legal for victim’s support audit
Resources:
The foster carer applies to become a guardian or adoptive parent.
The carer submits their application. The caseworker undertakes the checks, such as a national police check, and confirms the carer’s Working With Children Check is up to date.
Decision: Authorising agency approves the carer’s probity and suitability checks.
a. Carer submits application to be a guardian
b. Complete probity, suitability and referee checks (for carers and household members over 16yrs)
c. Prepare files and referral for assessor
Resources:
a. Invite carer to apply
b. Carer submits application to be an adoptive parent
Each carer needs to provide JP certified copies of:
c. Complete probity, suitability and referee checks (for carers and household members over 16yrs)
d. Caseworker will prepare files and referral for assessor
A formal assessment considers how guardianship or open adoption will meet the child’s needs now and into the future.
The assessment considers the child’s wishes, background, family relationships and needs. It considers the child’s relationship with the carers and how the carers will meet the child’s needs now and into the future. There is a focus on relationships and belonging, cultural connection, family time, life story and carer readiness.
Decision: Approve assessment and provide consent to begin preparing for court.
a. Guardianship assessment and written report (include cultural consultation as needed)
b. Consider assessment along with probity, suitability and other available information
c. Complete guardianship suitability statement
d. When managed by a PSP provider, provider to request DCJ approval to prepare guardianship application
e. Discuss report and recommendation with carer and family
f. Advise carer of outcome in writing
a. Open adoption assessment happens and includes:
b. If exceptional circumstances exist, identify out of guidelines financial requests
c. Prepare documents to support an approval decision
d. Discuss report and recommendation with carer and family
Resources:
The caseworker prepares the documents required for the court application.
Plans and documents are prepared for court. This includes an adoption plan or care plan, affidavits, Section 91 court report (for open adoption only) and court application. In this step a guardian will seek independent legal advice. For open adoption, registered counselling and consent occurs. A solicitor reviews the court documents before they are filed in court.
Decision: The Department of Communities and Justice signs the court application.
a. Prepare care plan: include cultural consultation, child, carer and family participation
b. Develop financial plan (approved by DCJ)
c. Ask carer to seek independent legal advice
d. With carer, complete the 'prospective guardian's agreement' to guardianship order
e. Finalise court documents including:
f. DCJ Legal review and settle documents
Resources:
a. Provide carer and parents with redacted assessment
b. Hold meeting with child, carer family and PSP provider (if applicable) to discuss next steps
c. Refer to DCJ Legal for victim's support audit
d. Prepare documents to support court application including:
e. Arrange registered counselling and consent for birth parents and children over 12yrs
f. Legal officer to finalise documents.
Resources:
The court considers the application for the order.
The court documents are filed and the court considers making an order. If the order is contested, there may be a hearing. The court will make the order it considers is in the child’s best interests.
Decision: Court makes an order.
a. File court documents
b. Serve parents with court documents.
c. Prepare and file affidavit of service
d. Inform carers, child, family and PSP Provider (if applicable) of court dates
e. Child over 12yrs meets with solicitor to give consent
f. Magistrate may refer to Dispute Resolution Conference (DRC)
g. Court hearing (if orders are contested).
a. File court documents
b. Serve 'notice' on birth parents
c. Prepare and file affidavit of service
d. Request application to be placed before a judge 14 days after 'notice' is serviced on birth parents and all evidence is filed in court
e. Inform carers, child family and PSP provider (if applicable) of court dates
f. Directions hearing, preliminary hearing and serve birth parents with court documents (if contested)
g. Court hearing.
Parental responsibility for the child, is now with the carer.
The child, carer family are informed of the order. The child is no longer in out-of-home care. Instead, the carer is their independent guardian or adoptive parent and assumes all care and decision making responsibility for the child. The guardian or adoptive parent will follow the plans agreed at court.
Any approved financial support is managed by the Department of Communities and Justice at the location closest to where the child is living. This will be either the local Child and Family District Unit or the local Communities Services Unit. Where an allowance is approved it will be reviewed annually.
a. Inform child, guardian and family of the order
b. Provide guardians with the court order and all relevant documentation
c. Provide written confirmation to the parents
d. Inform relevant agencies of the order
e. Update administrative data such as Child Story carer authorisation and legal, placement and financial records.
a. Inform child, guardian and family of the order
b. Provide guardians with the court order and all relevant documentation
c. Provide written confirmation to the parents
d. Inform relevant agencies of the order
e. Update administrative data such as Child Story carer authorisation and legal, placement and financial records.
01 Mar 2024