what if a report is made about me or a child in my care?
See also: is your child in care?
Children have a right to be safe in their homes and in the community.
Parents and carers are responsible for the safety and welfare of children in their care. Where this does not occur, or is not possible, DoCS becomes responsible for ensuring that children and young people are safe from abuse and neglect.
This means DoCS must respond when someone tells us they think a child or young person is currently at risk of harm from abuse or neglect.
If DoCS receives a report about a child in your care, a DoCS caseworker may contact you by telephone or a visit to your home to talk with you and other family members. Caseworkers are trained to assess the family situation and its effect on children and parents. The knowledge you have about your family is very important and the caseworker will work closely with you and family members to ensure that relevant information is used in the assessment and that your family’s circumstances are fully considered.
what happens when a caseworker visits me?
When we receive information about a child who is at risk of harm, we make decisions about how to assess or investigate the report. Where a serious crime against a child has been alleged, the Joint Investigative Response Team (JIRT, comprised of DoCS, NSW Police and NSW Health) investigates. All other reports are assessed by DoCS caseworkers and some are closed without further action.
In order to find out if a child is safe and their needs are being met, a caseworker may talk to you and ask you certain questions. The caseworker may also need to talk to your child.
Sometimes a caseworker may speak to the child first and parents or carers may not be aware of this. If this happens, please don't worry as caseworkers are trained to talk with children in an age-appropriate way and will be sensitive to your child’s feelings.
The caseworker may also need to talk to teachers, child care workers, doctors, family members, family friends, counselors and other people who are close to the child or responsible for their welfare.
Mostly, children stay with their family throughout DoCS' involvement. However where there is a high risk of harm or injury to your child, DoCS may have to move them to a safe place. The safe place might be with a relative, trusted friend or foster carer, depending on the situation.
what can I expect from the caseworker?
Caseworkers are trained to work sensitively and respectfully with you, your child, and other family members.
Your views and opinions and, where possible, those of your child, are important to the caseworker. The caseworker will encourage you and your child’s involvement in decisions that affect you both.
When decisions or actions are taken that significantly affect your child, the caseworker must consider the child or young person’s culture, disability, language, religion or sexuality and if relevant, yours too. You can help the caseworker by letting them know about important beliefs that you have. The caseworker can also help arrange any extra support you need to ensure you can be fully involved in all decisions, such as an interpreter or help with getting to meetings.
The level of action taken by DoCS will be in keeping with the level of risk of harm to your child’s safety welfare or wellbeing.
By law, the caseworker’s first priority must be your child's safety, welfare and wellbeing.
how long will it take DoCS to deal with the matter?
Most inquiries take about a month, however sometimes a longer period of time is needed to make an assessment, for example to allow time to see if a family crisis settles down. Your caseworker can tell you how long the assessment will take.
what if my child is not at risk?
If there is no evidence of harm or risk to your child, the case will be closed. However, if you need help with other matters, you may be referred to services which can provide help and support.
what if my child has been harmed?
If our assessment confirms that your child has been abused or neglected or is at immediate risk of this, we will take action to ensure the child is safe from further harm.
what action might DoCS take?
In most cases, DoCS provides practical help, such as organising child care, emergency finance, counseling or information and referral to health or other services.
If the situation is more serious, we will develop a plan with you to protect your child from harm. This could include counselling and referral to support services for you, your child and other children in your care.
In some cases, DoCS might take the matter to the Children’s Court and apply for an order. The Court can make a range of orders that include (but are not limited to):
- an assessment order (to authorise a physical, psychiatric or other medical examination of a child or to authorise an assessment of a person’s capacity to parent)
- an order accepting undertakings (the parent makes undertakings to the Court about how they will care for their child)
- an order for supervision (allows DoCS to regularly meet with the child)
- an order for the provision of support services (a person or organisation is ordered to provide support for the child as specified)
- an order allocating parental responsibility, or aspects of it (where parental responsibility is transferred in full or in part, to another person).
what would the caseworker do if they think that the child is not in immediate danger, but they would be unsafe if they continued to live in that house?
The caseworker could apply for an Apprehended Violence Order (AVO). The advantages of an AVO in this case is that the alleged abuser can be ordered to leave the house, rather than requiring the child to leave.
If the caseworker doesn't think an AVO would be enough to protect the child or young person, they may consider making a Care Application to the Children’s Court for an order that the child live somewhere else until it's safe again.
In this case, the Court needs to be satisfied that there is no other or better way to protect your child. The Court makes the decision on the basis of information provided to it by DoCS, parents, caregivers and sometimes other professionals or people involved.
In a small number of matters, the Court can make an order that places your child in DoCS' care for a period of time. If this happens, DoCS will arrange a placement for your child, which might be within the child’s extended family (eg with their grandparents) or with a foster carer, or in alternative accommodation. In finding a placement for a child, DoCS considers the child’s wishes and needs arising from identity, language, cultural and religious ties.
For children who are Aboriginal or Torres Strait Islander, every effort is made to place the child with extended family, or Aboriginal or Torres Strait Islander family within kinship group or another Aboriginal or Torres Strait Islander family within the local community.
who else can help?
If your child has been reported to DoCS, we can put you in touch with a counselling service to give you support.
You may also be referred to other services for help such as your local family support agency, a community health centre or other government departments such as Housing or Centrelink.
For legal information or information about Legal Aid call Law Access NSW on 1300 888 529 or TTY 1300 888 529
who will be involved?
We treat everyone involved in a child protection assessment with courtesy and respect. We respect personal privacy - only people who need to know about DoCS' involvement will be informed.
Your views (and where possible, those of your child) are important. Our caseworkers work to ensure that you and your child are involved in any decision-making which will affect you, your child or family.
what if I’m not satisfied?
If you are unhappy with the way you are treated by our staff, or not satisfied with the way we are working with you and your child, see our Client Complaints section.
what official records are kept?
Where a child has been reported, it is against the law for DoCS to delete or destroy records. These records are kept in permanent storage.
The law says DoCS must limit access to all personal records to authorised staff only.
If you think someone has reported your child to ‘get back at you’ or the information provided to DoCS is wrong, you can apply in writing to have the matter reviewed by your local Community Services Centre Manager — see our Client Complaints section.
ACWA fact sheets
The Association of Children's Welfare Agencies (ACWA) has fact sheets for parents on issues regarding DoCS and child protection. See the fact sheets on:
- how to ask for help with parenting: "will they take the kids"
- getting my children back home - information for parents about "restoration"
- what happens in a care and protection hearing at the Children's Court
- the law in NSW on keeping children safe from harm
related links:
- is your child in care?
- make a client complaint to DoCS
- request files through Freedom of Information (FOI)
- Will they take the kids (ACWA factsheet)
- Getting my children back home (ACWA factsheet)
- Care and protection hearings at Children's Court (ACWA factsheet)
- Keeping children safe from harm - the law in NSW (ACWA factsheet)