Conducting an assessment of care on an informal basis where a child may be at risk of harm 003-12040030

Services Australia has a zero tolerance approach to child abuse.

A staff member must act when they see or hear behaviour, which raises concern about a child or young person’s safety. Follow the agency's Risk Identification and Reporting model when identifying and responding to child safety concerns. See Risk identification and management of threats to the safety or welfare of a child.

Examples of when social worker involvement may be necessary include:

• the child is exposed to or a victim of family and domestic violence
• the child is exposed to alcohol, drugs or substance abuse
• the child is being cared for by another child (a person aged under 18, for example older sibling)
• the child is involved in criminal, sexual or unhealthy activities
• a lack of guidance or oversight from the carer in day to day care (for example education attendance)
• alienation of the child from family and friends
• a disregard by the carer for the child’s well-being and daily needs, for example food, health, hygiene and safety, etc.

When assessing levels of care, numerous considerations must be taken into account regarding legal responsibility, care, welfare and development of the child.

The case should be referred to a social worker if:

• the child is not a family member of the person claiming Family Tax Benefit (FTB) or a social security payment that is dependent on the provision of care for a child, and
• the person has not supplied documentation to support that the child is legally in their care, or
• the person has previously lost care of children

In addition, children who are being cared for by a family member who are themselves under 18 should be referred to a social worker.

Children in this situation are considered to be at risk of harm and a social worker assessment should be completed.

Cases may arise where the parties cannot agree on when/if a change in care arrangements has occurred. A report from a social worker can be included as evidence to assist the Service Officer to make a decision about whether a claim should be granted.

If the case is being referred to a social worker, any payment the losing carer is receiving for the child should not be cancelled before the social worker has made a recommendation. Note: however, if the child has been away from the previous carer for more than four weeks, payment should be cancelled unless the disputed care provisions apply.

In cases when a child may be at risk, the social worker will:

• attempt to contact the losing carer to advise that a claim has been lodged for the child, where this will not place the child at risk of harm. Consultation with a Social Work Manager is required if contacting the losing carer may pose a risk to the child
• obtain information about the reason for the change and the likely duration
• consider if disclosure of information in the public interest is required
• make a recommendation to the Service Officer about payment of FTB
• make a recommendation to the Service Officer about other affected payments

If a case involves a child of an Aboriginal or Torres Strait Islander group, then the social worker should consult with an Indigenous Specialist Officer (ISO) about any relevant cultural issues.

If a case involves a refugee child or child from a culturally and linguistically diverse (CALD) background, the social worker should consult with a Multicultural Service Officer (MSO) about any relevant cultural factors.

A disclosure of information in the public interest in this case would be a referral to the relevant State/Territory welfare agency. In these cases, the Service Officer must decide whether to grant the claim, or hold it pending any State/Territory action to remove the child from the person’s care. In these cases, claims for payment related to the care of the child, should be treated in the following way:

• If the Service Officer is satisfied that the child is an FTB child of the applicant, the claim for FTB can be granted. If a claim has also been made for a social security payment, the Service Officer should ensure a consistent outcome and grant the claim if the customer is eligible
• If the Service Officer is satisfied that the child is a dependent child of the customer, the income support claim can be granted. If a claim has also been made for FTB, the Service Officer should ensure a consistent outcome and grant the FTB if the customer is eligible
• If a claim is held pending any State/Territory action, the claim should be reviewed after 28 days

Note: the social worker’s recommendation must be considered in each case.