by Dana Glenn
Hi Guys,
I am wanting to talk about First Contact with Child Safety, I am going to show you what is exactly is and give relevant information on this particular topic. Keep in mind the information can vary from different states. I am going by QLD cause that's my state.
Part One:-
So your at home minding your own business, playing with your kids etc or cleaning and within seconds your world turns upside down. There is a knock on your door, BANG!!!. There is child safety at your door. The reasons for this are because:-
1. A ‘notification’ (or report) has been made to the Department.
2. If a child has been harmed, is suffering harm or the family is
unable to provide protection for the child then Child Safety
Services will investigate and may apply for a court order.
Before you allow them in your house, you ask the following question:-
Do You Have A Court Order?
If They Say No:-
If they say No you do not have to let them in your home, Remember parents have rights to, You do not have to speak to docs. Keep in mind if you do refuse to speak to them, they can use it against you in court and get court orders and come back with the police. If you allow them in your home without a court order , then remember you do not have to allow them to go anywhere you don't want them to go. If they say they want to view your kids rooms or food etc you can refuse. The big key is they will do anything to bully you to get their own way. You can ask them to leave your property at anytime.
If The Answer Is Yes:-
More than likely if they say yes they have a court order then they are going to have the police with them, they have every right then to enter your home. This court order i think is called:- Temporary Assessment Order. Be careful about how you act or what you say as everything will be used against you in court. The big thing is to stay calm for your kids as best you can, as if you are getting mad and start becoming aggressive then it's not fair for your kids to see you like that, if you're kids or Child Safety see this type of behaviour then it will be used against you in Court.
There is some things to keep in mind:-
1:- Ask for the departments contact details, write down names of the investigators, Team Leaders and anyone else that is involved with them.
2:- If your children are being removed from your care, ask for all copies of the court orders and other other paperwork as this will assist your legal team etc.
3:- If Child Safety asks you to consent to something or sign legally, you do not have to do this straight away. Inform them that you want to get legal advice before consenting to anything, they are not allowed to deny that request. Whatever you do, never sign away your parental consent, if you do that its a lot harder to gain your children back. Don't allow them to bully you.
4:- Buy a diary, keep all your documents with you and everything that happens with the department document it regardless.
5:- Listen to all their complaints, you can choose to answer them or refuse but keep in mind it will be used against you or twisted to suit them. My best advice that I can suggest is record everything on a security camera or on your phone to protect yourself. REMEMBER STAY CALM.
6:- They will want to look around your home, Now if there is no court order you can refuse, I have done this to. If they have a court order then i don't know if you can refuse them.
7:- If they are going to go to court, then go do not allow them to do this without you, depending on if you choose to represent yourself I would still suggest doing your research and still get legal advice.
8:- Child Safety are able to have contact with the staff at your child's education setting such as kindy or school. As far as I am aware they do have to inform you as a parent that they have made contact and and why.
9:- The department has your children in care or if they are on Protective Supervise Orders, they can find out that you're pregnant and investigate further if needed such as with doctors. They do not need your consent to talk to doctors etc. I don't know to much about this but i have been told they can take guardianship of a baby as soon as it's born if they are that worried.
10:- The Investigators can speak to your children about you in your presence at your house or ask you to bring them to the department to be interviewed. I have this both of these happen. If they speak to your child at your house then you will be asked to stay quiet and not say anything. If you are asked to bring your child to the department well that generally means they are more concerned about your parenting. The department will take your child into room, you will be asked to wait outside. Yes they can talk to your kids alone. They will have two officers with your child, one will be asking the questions while the other one can be recording etc. Be smart if you know this is going to happen you can ask for your lawyer to go in with your child, they can not stop that one. The lawyer will be an third person in the room who will also document what is being said. The lawyer can also stop the interview should the wrong thing happen by docs.
After the investigation side is done, they will sit down and inform you how this is going to go. They will either allow you to work with them voluntary or inform you they are going to court. Be prepared for this one as if you have an intellectual impairment, depression or special needs kids you will end up in court on a protective supervise order.
Part Two:-
In this section I would like to explain to families what happens if Child Safety take their investigation to the next level, I have been to this step twice in the last 7 years. It can be a very traumatic experience for the adults and for the children. I really hope that by reading this can assist you when you are dealing with the department of child safety, I can only share my research and my experiences with you as I am not a lawyer so if in doubt please seek legal advice, ask me or any admin or member of Luke's Army.
Child Safety Services may elect to work with you without taking courtaction. A Care Agreement is a short term agreement between the Departmentand a parent/s whereby the child is placed in temporary care under thedirection of Child Safety Services.
You can choose to agree to this, however, under this agreementChild Safety may:
A:- The Department needs to link you in with support services such as HOF or other government agencies.
B:- Organise A Care Agreement.
C:- If your child is old enough and are able to communicate the investigators will also interview your child to see how they like living with you etc,this is easy for the department to take control of and twist to their own words.
D:- Make all day to day decisions about the child – including where they live.
There are two types of Care Agreements that can be used:-
A:-Assessment Care Agreement
B:- Child Protection Care Agreement
Guys, please be very careful regarding dealing with department as they can trick you into certain things they want so carefully look over the documents and make sure this is something you want to agree to.
All Care Agreements MUST:
A:- Be in writing.
B:- Document HOW LONG it is for.
C:- State where the child will reside (name, address & contact no)
D:-State the Contact Arrangments with your client and other family members.
E:- Document the type of decisions about the child you must be consulted about.
F: Remember to make sure that all copies of agreements are in writing, signed and have kept copies for your records