Child out of care without consent 102-05050040

If the:

• customer advises child has left care without consent, go to Step 2
• customer advises child who left care without consent has returned to care within the 14 week leaving without consent (LWC) period, see Step 6 in Table 2
• left care without consent Manual Follow-up (MFU) becomes due/is allocated, see Step 1 in Table 3

Staff actioning these changes will continue with the decision making process unless it becomes apparent that it may be appropriate to base care on actual care immediately, due to special circumstances.

All special circumstances left care without consent decisions must be referred via the Specialised Care Team referral template. The Resources page has a link to the referral template.

For more details regarding 'special circumstances', refer to the Actual Care in Special Circumstances information package located on the Resources page.

To determine the principal carer of a child when the child is temporarily absent from a person's care, including where there is a disagreement over care arrangements or the child is abducted, see Child leaves customer's care/custody.

FTB assessment

In Customer First, update the Care Alignment Details page to 'Commenced'.

If the:

• child is at risk of harm, go to Step 3
• child has been abducted, go to Step 4
• customer knows who has care of child, go to Step 5
• customer has legal responsibility for the child and there is a care arrangement in place, see Notification and assessment of shared care arrangements for Family Tax Benefit (FTB)
• customer does not have legal responsibility for the child, go to Step 7
• losing carer has legal responsibility for the child and the child has run away, go to Step 8
• child has been removed by a state or territory welfare authority, this is not considered 'out of care without consent'. See Step 5 in Table 2

A social worker must assess the case and make a recommendation if:

• the new carer is not a relative or does not have legal responsibility for the child, and
• the new carer is not able to provide evidence that they are legally responsible for the child or has previously lost care of a child

Make a social worker referral if required.

The customer should be referred to a social worker (if not already) as they may be able to offer support to the customer and refer the case to other appropriate authorities such as the police, Legal Aid and the Family Court.

If the abductor has legal responsibility for the child it is considered to be disputed care rather than abduction. For further information see the References page.

Release of information about the abductor

• Under no circumstances can information about the new claimant be released to the losing carer. Normal privacy and confidentiality requirements apply for both the previous and new claimant, except for the release of information in the public interest
• Requests for information about the abductor must be referred to a social worker who can make a determination under public interest provisions if the child is at risk of harm for the purpose of notifying relevant details to an appropriate authority. The References page has a link to a copy of current delegation instruments and Ministerial Guidelines for the release of information in the public interest
• Examples of an appropriate authority are the police, a State Welfare authority, a Guardianship board, a State Trustee or a mental health team. This list is not exclusive as each case needs to be assessed individually
• Respect the privacy of both the losing carer and the abductor
• Any information disclosed must be recorded on the Release of Information online form

Go to Step 8.

The customer's continuing eligibility for FTB while the child is out of their care depends on the circumstances:

If the:

• gaining carer is the parent of the child and there is no care arrangement in place, go to Step 6
• gaining carer is the parent of the child and there is a care arrangement in place, see Notification and assessment of shared care arrangements for FTB
• losing carer does not have legal responsibility for the child, go to Step 7
• losing carer has legal responsibility for the child and the child is with a carer who does not have legal responsibility for the child, go to Step 8

Income Support Payment (ISP) decisions

Principal carer and FTB determinations must be made separately.

A decision about the customer's principal carer status for income support payments, such as, Parenting Payment (PP) and JobSeeker Payment (JSP), may be different from the decision about the customer's FTB entitlement.

To follow up eligibility and any changed mutual obligation requirements use Fast Note - select Auto text, use Jobseekers > Update > Shared Care ISP follow up.

If an income support claim is held/started and within 2 days of standard, also call the team leader at the claim site.

If it is determined that a child is a dependent child for 1 payment but not another, on the Child Override/Claim (CHOC) screen code 'TOP' (transfer out to partner) against the service reason for which there is no eligibility.

A parent always has legal responsibility for their child, unless the legal responsibility has been removed by order of the Family Court.

If the child has gone into the care of the other parent and there is no care arrangement, the losing parent is no longer eligible for FTB. Cancel all entitlements the losing carer has for the child.

See Step 5 in Table 2.

The losing carer is not eligible for an extension of FTB if the child has left their care without consent. FTB for the child should be cancelled. See Step 5 in Table 2.

Examples of reasonable action can include:

• documents of police or court action or recovery order
• verification of initiated or participation in court action
• obtaining or seeking legal advice regarding the making of a court order
• initiating mediation, through a Family Relationship Centre or other service

Has the customer taken reasonable steps to regain care? (See the References page for further information.)

• Yes, if evidence has been received, go to Step 9.
  Otherwise, request evidence:
• Send a written request, issuing a Q777 via the Request Documents Q777 guided procedure to ask the customer to provide evidence/documents within 14 days (allow 22 days to respond under normal circumstances and 29 days for remote area or overseas customers). See new postage timeframes
• Use free text option in Q777 to confirm the advice received that child/ren have left care without consent and request evidence from the customer that shows they are taking reasonable steps to regain care
• Document request for evidence on the customer record. Place work item on hold for 22 days (14 days + 8 days to allow for mail delivery) or 29 days for remote area or overseas customers, with the keyword 'SHARED'. Record details of the contact on a DOC
• If there is no activity, in Customer First create a manual review on the Review Registration (RVR) screen and complete the fields as follows:
  Service Reason: FTB
  Review Reason: select most appropriate reason
  Due Date: 22 days from today's date. If remote area or customer overseas - 29 days from today's date
  Source: INT
  Date of Receipt: today's date
  Notes: 'Check response to Q777 issued xx/xx/xxxx requesting evidence/documents of reasonable steps to regain care. Return to OB 102-05050040 to action.'
  Keywords: SHARED
  Workgroup: leave blank
  Position: leave blank
  Transfer to Region: leave blank
  The review will mature on the Due Date coded in the RVR activity. Workload Management will allocate the review for manual action
• Procedure ends here until evidence is received
• No, see Step 5 in Table 2

• Yes, go to Step 10
• No, see Step 5 in Table 2

When evidence is received, assess if the customer is still entitled to FTB for the child despite the fact that the child is not in their care.

Is the child still an FTB child?

• Yes, see Step 1 in Table 2
• No, see Step 5 in Table 2

Check that the customer's other circumstances have not changed and that they remain eligible for FTB

• Yes, go to Step 2
• No, go to Step 5

For details regarding special circumstances, see the Actual Care in Special Circumstances information package on the Resources page.

• Yes, go to Step 4
• No, go to Step 3

Use the correct DOR when applying care decisions.

FTB and Parenting Payment (PP) combined customers:

• 'LWC' should not be coded for PP customers as it will cancel PP
• In Customer First, create a manual review on the Review Registration (RVR) screen and complete the fields as follows:
• Service Reason: FTB
• Review Reason: select the most appropriate reason
• Due Date: 4 weeks from the date the child left care
• Source: INT
• Date of Receipt: today's date
• Notes: 'Child left care without consent XX/XX/XXXX. Return to OB 102-05050040 to action FTB and PP.'
• Keywords: SHARED
• Workgroup: leave blank
• Position: leave blank
• Transfer to Region: leave blank
• The review will mature on the Due Date coded in the RVR activity. Workload Management will allocate the review for manual action

For FTB only customers:

• 'S'elect the child on the Child Selection (CHS) screen
• Select 'In Customer Care' from the Child Task Selector (CHTS) screen
• Enter the following details on the Child in Customer Care (CHC) screen:
• date child left care in the Event Date: field
• reason for leaving care in the Care Status: field, code 'LWC' (child leaving without consent)
• footer details
• press [Enter] to save changes

Maintenance action is not applicable for a child who has left care without consent and the customer is eligible for continued payment of FTB. Child Support may end the customer's child support assessment. Code maintenance action as 'MWP' (Manual workaround pass) for the child from the date the child left care without consent (the same date as coded on the CHC screen). In Customer First, create a manual review on the Review Registration (RVR) screen and complete the fields as follows:

• Service Reason: FTB
• Review Reason: select most appropriate reason
• Due Date: 14 weeks after the child left care
• Source: INT
• Date of Receipt: today's date
• Notes: 'MWP MAT code in place from xx/xx/xxxx due to child LWC. Check if extension required. Return to OB 102-05050040 for action.'
• Keywords: MATMWP
• Workgroup: leave blank
• Position: leave blank
• Transfer to Region: leave blank

The review will mature on the Due Date coded in the RVR activity. Workload Management will allocate the review for manual action..

Update the Care Alignment Details page for each child affected, from Commenced to 'Finalised'.

Record all details on a DOC. Use Fast Note, select Auto Text use Families > Updates > Change in CHILD – left care without consent. Complete the activity on the Assessment Results (AR) screen.

Tell the customer to notify immediately if there is any change in the situation during the 14 week period (for example, child returns to care, new court order issued, customer stops efforts to get the child back).

An automatic letter will be issued to tell the customer that FTB can continue to be paid for up to 14 weeks because they still have legal responsibility for the child/ren. The letter also advises that Services Australia will review their payments on a regular basis to make sure they are taking reasonable steps for the return of the child/ren.

In existing shared care cases where the new carer (who removed the child from care without consent) has requested a change of care assessment, a manual letter will need to be sent to the new carer. The manual letter is required in order to advise them that their request for a change of assessment has been unsuccessful. See Notification and assessment of shared care arrangements for FTB for the approved letter text.

Procedure ends here.

For care periods that start on or after 1 July 2012, discretion can be applied so that the percentage of care can be immediately based on the actual level of care if there are special circumstances, which support that outcome.

Update the Care Alignment Details page to 'Commenced'

• confirm care arrangements with the other carer to code the FTB Shared Care (FSC) screen and update the SSA Shared Care (SSC) screen
• make a primary carer determination
• in Customer First, create a manual review on the Review Registration (RVR) screen and complete the fields as follows:
• Service Reason: FTB
• Review Reason: select most appropriate reason
• Due Date: 4 weeks before any expected or likely change in pattern of care
• Source: INT
• Date of Receipt: today's date
• Notes: 'Review actual care in special circumstances. If special circumstances exist, refer to Integrated Care. See OB 102-05050040.'
• Keywords: SHARED
• Workgroup: leave blank
• Position: leave blank
• Transfer to Region: leave blank
• the review will mature on the Due Date coded in the RVR activity. Workload Management will allocate the review for manual action

The discretion to base care on actual care in special circumstances is only to be exercised in unusual cases, for example, where there is evidence of family and domestic violence or other unusual behaviour by the person who has reduced care, which led to the change in care.

Decisions would be made on the basis of evidence that supports relevant findings of fact. The decision would take into account any information provided by the losing carer, as well as information from the gaining carer. The absence of a State child welfare order would not prevent the discretion being exercised.

The decision to apply discretion will only be made by the Integrated Care team within Services Australia. All special circumstances, disputed care and left care without consent decisions must be referred via the Actual care in special circumstances Referral and Decision template for completion. The Resources page has a link to the referral template.

Do special circumstances need to be considered in this arrangement?

• Yes, complete the Actual care in special circumstances Referral and Decision Template and place the activity on hold until a decision is returned from the specialised staff within the Integrated Care team. If evidence is available, this must be sent along with the template. See Notification and assessment of shared care arrangements for FTB for more details
• No, go to Step 5

Cancel all entitlements for the child by coding the child out of care as detailed in the Update records and finalise activity table in Child leaves customer's care/custody.

For information on review of decisions, see Request for an explanation or application for a formal review.

Invite the gaining carer to claim FTB and/or Parenting Payment (PP), see:

• Eligibility for FTB for individuals
• Claiming Parenting Payment (PP)

If a customer advises a child who left care without consent has returned to care within 14 weeks of their leaving, check the customer's current care percentage.

Is the customer still being paid for the child (as a principal carer or person sharing the care of the child)?

• Yes,
• Staff not trained in Families and Child Care assessments must transfer to FCC using Fast Note - select Auto text, use Families > Updates > Left care without consent follow up
• FCC staff trained in care assessments, go to Step 7
• No,
• The customer will need to reclaim or have their income support entitlement reassessed unless they are requesting a review of the decision to stop their payment for the child
• If the customer's child support case has been ended, tell them that they need to apply for child support
• Procedure ends here

• 'S'elect the child from the Child Selection (CHS) screen and key 'CHC' in Nxt: to go to the Child in Care (CHC) screen
• On the CHC screen, key:
• the date the child returned to care in the Event Date: field
• in the Care Status: field, key 'ICC' (in customer care)
• Source: and DOR: fields and press [Enter]
• Update the FTB Shared Care (FSC) screen
• Update the SSA Shared Care (SSC) screen
• Press [Enter]
• Record details on a DOC
• Update the Care Alignment Details (!CADDS) page for the child as 'Finalised' by 'S'electing the 'Commenced' or 'Provisional' line with the corresponding notification date and updating the details. Update details for each child separately
• Finalise the activity via the Assessment Results (AR) screen

For income support customers, check that the principal carer status is recorded correctly. Check if the customer's mutual obligation requirements have changed. A new or updated Job Plan may be required.

Manual Follow-up (MFU) reviews:

When the care status of 'Left Care Without Consent' on the Child in Customer Care (CHC) screen has been recorded, a Manual Follow-up (MFU) review is automatically registered on the Future Activity List (FAL) screen on the customer's record for Service Officers to confirm that reasonable steps are being taken by them to regain care of the child.

FTB/Parenting Payment (PP) combined customers

In the case of FTB/PP customers whose child has left care without consent, a manual review will have been created.

System reviews:

A system review is set for 14 weeks after the child left care and, if the child is still recorded as left care without consent, FTB for the child is automatically cancelled.

For the:

• MFU review, go to Step 2
• Manual review for FTB/PP customers, go to Step 3
• System review, go to Step 5

When a status of 'Left Customer Care Without Consent' is entered on the Child in Customer Care (CHC) screen, an MFU review is created with a maturity date of 4 weeks from the date of receipt of the 'Left Customer Care Without Consent' update.

The MFU has the following activity text:

LWC Review due to child leaving care without consent. Ensure customer is taking action to regain the child.

Go to Step 3.

On the date the review matures, a Service Officer must follow up with the customer that reasonable steps are being taken to regain care of their child. If the child has left care:

• and is living with someone who does not have legal responsibility, go to Step 4
• without consent due to a sensitive event, such as an abduction or the child is missing, consider if the review should be extended to 8 weeks. If review is:
• not to be extended, go to Step 4
• is to be extended, for FTB only customers, process the MFU. The next review will mature automatically at week 8. For FTB/PP manual reviews, resubmit the review with a due date 8 weeks from the date child left care. Note: in these cases there will often be media reports detailing the ongoing search for a child, these reports can be considered when deciding to extend the review to 8 weeks. Consider referring the customer to a Social Worker.
  Procedure ends here

Make 2 genuine attempts to contact the customer to confirm they are still taking reasonable steps to regain care.

Can the customer be contacted and information obtained?

• Yes, select and process the review from the Activity List (AL) screen
• For FTB only customers - If the child is still out of care and the customer is taking reasonable steps, document this information and complete the MFU activity. As 'Left Customer Care Without Consent' remains entered on the CHC screen after the review, a further MFU review will be created by the system with a maturity date equal to the date of review plus 4 weeks. These reviews will continue to generate during the left care period unless the status is changed
• For FTB/PP combined customers - If the child is still out of care and the customer is taking reasonable steps, document this information and resubmit the manual review for 4 weeks from the date of review maturity. If 14 weeks have passed since the child left care, go to Step 7
• If the child has left care, returned to care or the customer is no longer taking reasonable action, update CHC with the appropriate code. If there is a status of In Customer Care, Left Customer Care, or Not in Customer Care recorded on the CHC screen, no further MFU reviews will be generated
• Procedure ends here
• No, if the customer cannot be contacted by phone, send a written request via the Request Documents guided procedure Q777 using the free text option to obtain information to confirm the customer is still taking action to regain care and remains eligible. See Resources page for approved Q777 letter text.
• Hold the Q777 review for 22 days (14 days +8)
• If the customer does not respond to the written request, and cannot be contacted via phone, cancel the FTB FRC (failed to reply to correspondence) see Cancellation of Family Tax Benefit
• Process the MFU review from the AL screen
• Procedure ends here

When a status of 'Left Customer Care Without Consent' is entered on the Child in Customer Care (CHC) screen, a review is created by the system with a maturity date equal to the date the child left care plus 14 weeks.

When created, the review shows on the Future Activity List (FAL) screen as FAO/REA Future Reassessment.

On the date the review matures, the system will perform a series of checks on the customer's record and action a reassessment based on the status of the record as follows:

• If the customer or child has been recorded as deceased, the review will close without any further action
• If there is a status of In Customer Care, Left Customer Care or Not in Customer Care recorded on the CHC screen with a date of event after the review was set up, but before the review matured, the review will close without any further action.
• If the status of 'Left Customer Care Without Consent' and event date equal to 14 weeks in the past is still present on the CHC screen, the record will be reassessed. The reassessment will result in FTB being cancelled for the child as follows:
• Cancellation code: 'L14'
• Reason: 'Left without consent 14 week cancellation'
• An automatic letter will be sent to the customer advising cancellation of FTB for the child

Where 14 weeks have passed since the date the child left without consent, reassess the customer’s record as follows:

• If the customer or child has been recorded as deceased, complete the review without any further action
• If there is a status of Left Customer Care or Not in Customer Care on the CHC screen with a date of event after the review was set up, but before the review matured, close the review without any further action
• If there is a status of In Customer Care on the CHC screen, and the customer has not advised the child has returned to their care:
• Code the child as Left Customer Care using DOV as 14 weeks from initial LWC advice
• FTB and Parenting Payment will be cancelled for the child
• DOC the record including reason for cancellation: 'Left without consent 14 week manual (LCC) cancellation.'

Procedure ends here.