Foster carer decision making rights, explained
Foster and kinship carers can make most day to day decisions for a child in their care, such as routines, haircuts, school activities and routine medical visits. Bigger decisions, including surgery, changing schools, overseas travel and contact with family, sit with the child protection department or agency because parental responsibility stays with the state. Each state sets its own list.
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Children, Youth and Families Act 2005 (Vic)
Child Protection Act 1999 (Qld)
NSW Government, A quick guide to decision making for foster and kinship carers
Where the authority comes from
When a court places a child in out of home care, parental responsibility is usually allocated to a government office holder rather than the carer. In New South Wales it is the Minister under the Children and Young Persons (Care and Protection) Act 1998. In Victoria, orders under the Children, Youth and Families Act 2005 give the Secretary of DFFH responsibility for children on care by Secretary and long term care orders. In Queensland the chief executive of Child Safety holds custody or guardianship under the Child Protection Act 1999. The department then delegates everyday decisions to the carer through the placement agreement and agency policy. Guardianship, permanent care and adoption orders are different, because they transfer parental responsibility to the carer.
Decisions carers usually make
Most states publish a decision making guide for carers. The New South Wales guide is a good example of the common pattern. Carers can decide haircuts, clothing, pocket money, bedtime and routines, arrange routine medical and dental care, give prescribed medication, enrol the child in a local school, attend parent teacher meetings, approve short school excursions and camps, and take the child on day trips. Carers are expected to keep the caseworker informed and record significant events. The aim is that the child lives as normal a family life as possible and does not have to wait for a caseworker before joining a sports team or going to a birthday party.
Decisions that need approval
Higher level decisions need the agency, the department or in some cases the court. These typically include non urgent surgery and other significant medical treatment, psychotropic medication and behaviour support plans, changing schools, overnight stays that are frequent or planned, interstate travel for more than a day, all overseas travel and passports, changes to family contact, name changes and religious or cultural decisions. In emergencies a carer can consent to urgent treatment and inform the agency afterwards. Where a child is Aboriginal or Torres Strait Islander, decisions must also follow the Aboriginal and Torres Strait Islander Child Placement Principle and involve family and community.
What to do when you are unsure
Ask for your state's decision making guide or authorised carer handbook and keep it handy. Your placement agreement or care plan may also list decisions the department has specifically delegated to you, which can go further than the standard list for a long term placement. When a decision is borderline, contact the caseworker, put the request in writing and ask for a response time. If you disagree with a decision, most agencies have a review or complaints process, and carer advocacy groups in each state can support you. Always hold a Working with Children Check or the state equivalent, such as the Queensland Blue Card, because authorisation depends on it.
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