Permanency Support Program

Children and young people in care who experience stability and permanency are more likely to develop healthy and long-lasting emotional attachments, a strong sense of identity and connection, and achieve better life outcomes. This is why NSW child protection laws require children and young people entering care to be placed according to permanent placement principles.

Restoration

The first goal of permanency planning is to return the child or young person to the care of their parents or legal guardian when it is safe to do so. This is called ‘restoration’ and involves a high level of engagement from the birth family or legal guardian. Caseworkers work closely with the birth family and the carer to ensure a safe return to the family home. Carers often play a vital role in supporting the child or young person’s contact and connection with family as part of the return-to-family journey.

Guardianship

If restoration is not possible then living with relatives, kin or another suitable person is considered the preferred option – this is called ‘guardianship’. For Aboriginal children and young people, guardians who are not relatives or kin should be Aboriginal people in order to be considered ‘suitable persons’.

Guardianship Orders are a way of helping ensure a child or young person has a more stable, nurturing and safe home until they are at least 18 years of age, without cutting legal ties to their family. The child will still have contact with their parents, family and important people in their life, as outlined in their care or Case Plan or Court Orders. However, under a Guardianship Order, the child is considered to be in the independent care of their guardian rather than in foster care or out-of-home care. Guardians can make decisions about the child’s care, including health and education decisions, without consulting Department of Communities and Justice (DCJ) or an agency.

Guardians receive an allowance, known as a Guardianship Allowance, to help them meet the needs of the child or young person in their care. This allowance is the same rate as the DCJ statutory Care Allowance and is based on the individual needs of the child or young person.

Open adoption

Adoption is a legal process that transfers all parental rights and responsibilities for a child or young person from their birth parents to the adoptive parents. Adoption Orders are made by the Supreme Court of NSW and are a way of providing a permanent family for a child or young person who can’t be restored to their parents or live with a relative or kinship carer.

In NSW ‘open adoption’ is law and means a child or young person must be supported to remain connected to their birth parents and cultural heritage. Open adoption recognises that kids often benefit when both their families (birth and adoptive) are in contact with one another.

To find out more about adopting a child in your care, including post-adoption support, you can:

• read about how foster carers can become adoptive parents
• contact your caseworker, your agency or your local community services centre
• check out the DCJ fact sheets and resources
• call the Open Adoption Hotline on 1800 003 227 (Monday to Friday)
• send a question to the Open Adoption Hotline by email.

Foster care

In cases where restoration, guardianship or adoption are not an option, long-term placement with a foster carer may be an appropriate way to provide children and young people with stability and permanency. Long-term foster care can be given legal status through an Order For Sole Parental Responsibility or a Family Court Parenting Order.

It is important to note that the best outcome for children or young people in care is either to be safely restored with their family, or to be taken into the permanent care of a guardian or an adoptive family.

Increasingly, the role of foster care will be to provide a safe and loving home for children and young people while more permanent arrangements are explored.

Foster care in a family-based setting provides a safe, nurturing and secure environment. While in out-of-home care, children and young people are supported to maintain contact with their birth family and community, as long as it is safe for them to do so.

Children and young people who are placed with foster carers for emergency or short-term care remain in out-of-home care until they can safely return home to their birth families. If they cannot return to family, the intention is to find a permanent home for them through adoption, guardianship or sometimes long-term foster care, depending on their circumstances and needs. All children and young people deserve a stable and supportive home for life, to give them the best chance of a bright future.

The guiding principles of out-of-home care are:

• permanency for children and young people as early as possible
• maintaining cultural identity and connections with family and community
• participation of children and young people in decision-making about their lives
• supporting carers to care for children and young people.

Out-of-home care arrangements

There are three types of out-of-home care arrangements defined in the Children and Young Persons (Care and Protection) Act 1998.

Statutory care

Statutory care is provided for a period of more than 14 days following an Order of the Children’s Court, or because the child or young person is a protected person. Under the Act, a protected person includes a child who is a ward of the Supreme Court, a child who is under the parental responsibility of the Family and Community Services Secretary while awaiting adoption, or a child for whom the Family and Community Services Minister has parental responsibility under the Family Law Act 1975.

Supported out-of-home care (OOHC)

Supported out-of-home care is care arranged, provided or supported by Department of Communities and Justice Services (DCJ) when DCJ has assessed that a child or young person is in need of care and protection, and the Children’s Court has made an Order giving the relative or kin carer full parental responsibility for the child.

It also includes situations where an Order has been made in the Family Court or Federal Circuit Court (rather than the Children’s Court), but only when DCJ has been involved in the court process.

Some children and young people are in supported out-of-home care with no Court Order. These care arrangements are historic and it is no longer possible for children to enter supported out-of-home care without a Court Order. The arrangements for these children are subject to annual reviews, and/or must not exceed two years.

Supported out-of-home care can also include:

Temporary care where the birth family is supported to resolve issues concerning the child or young person’s safety, welfare and wellbeing. Temporary care usually requires the consent of the parents and may range from a few weeks up to several months.

Other supported out-of-home care which is care of 21 days or less, arranged, provided or supported by DCJ with no Order.

Placement of a child or young person may be organised through DCJ or an accredited non-government agency. There are different types of placements to suit different needs and situations.

Relative and kinship care

Arrangements are made for children and young people to live with relatives and kin. This is the preferred option. Every effort is made to support children to live with extended family – especially where the child already has a relationship and connection.

Foster care

Arrangements are made for a child or young person, or siblings, to live in a family setting with authorised carers from the community who are not family or kin. The carer’s own children may be living in the home, too.

• Crisis care Children and young people are placed in crisis care when there are concerns for their immediate safety. This can occur after-hours and on weekends. Crisis carers may be asked to provide care at very short notice.
• Short-term and medium-term care Sometimes children and young people need to stay with someone to support them while their parents or family are working on making changes so their children can be returned to them. These placements may last up to six months.
• Long-term care When children and young people can’t return to their family, and guardianship or adoption are not options, then arrangements are made for them to permanently live with another family.
• Respite From time to time, parents and carers need a break from their caring role. Respite care is for short periods of time such as weekends, once a month or during school holidays.

Guardianship

A guardian has full parental responsibility for a child or young person until they reach the age of 18. Relatives and carers may seek guardianship through an Order of the NSW Children’s Court.

Open adoption

Adoption permanently transfers all parental rights and responsibilities from birth parents to the adoptive parents. Adoption offers a secure, stable home for children and young people when they cannot be safely restored to family. The term ‘open adoption’ means supporting children and young people to remain connected to their birth family and cultural heritage. It is an integral part of adoption legislation and practice in NSW. Adoption is not usually suitable for Aboriginal or Torres Strait Islander children and young people.

Therapeutic residential care

These arrangements have children and young people in supported family group homes or short-term therapeutic residential settings. Placement in a family-based setting is preferred, but sometimes residential care may be the most suitable option for children and young people who have already been through multiple placement breakdowns.

Becoming the carer for a grandchild can be a challenge – especially when it’s an unexpected development in your life. Sometimes grandparents haven’t been aware of the issues that have led to this situation. At first, they may experience feelings of shock, grief and even shame. If this describes how you are feeling, don’t worry: you’re not alone. Grandparents are the primary carers for grandchildren in thousands of families across Australia.

It might be a big lifestyle change but, over time, many grandparent carers come to enjoy the experience of raising a grandchild and take pride in providing a safe and caring home.

Some grandparent carers need a lot of support from their caseworkers as they get used to looking after a child or young person again. Others are very confident in their role, and feel they need very little assistance. Some grandparents like to apply for guardianship.

If you are a grandparent carer, it’s important to discuss your needs and circumstances with your caseworker, especially when raising pre-teens and teenagers. Think about joining a local grandparent carer support group or attending a parenting course if you feel you want to build your confidence.

Carers often see adoption as a way of making a lifelong emotional and practical commitment to a child. Adoption grants all the rights and responsibilities of parenthood to the adoptive parents, who will then be in every way responsible for the child throughout their childhood. The adopted child will have the same status in the family as any other children, and entitled to the benefits of full family membership throughout their life.

If you’re considering adopting the child in your care you can discuss your eligibility with your caseworker. It may depend on age and circumstances, Restoration Plans and the consent of family and children.

Adoption is not the preferred arrangement for Aboriginal children.

What is ‘open adoption’?

Birth parents will always have a biological and emotional connection with their child. After adoption, they stop being legally related to them, but they do not need to stop having a relationship or an ongoing connection with their child. Adoption that occurs today is called ‘open adoption’.

Open adoption recognises there is often a benefit for children when both their families (birth and adoptive) remain in contact with each other after an Adoption Order has been made. An open attitude refers to the acceptance of the child having more than one set of parents and family; and the willingness of adoptive and birth families to know about each other, exchange information and, where possible, build relationships through direct contact with each other.

This can give the child a sense of wholeness and help the child grow up with added security about themselves and their background.

Who is required to give consent?

For children under the Parental Responsibility of the Minister, individual family circumstances will determine whose consent is required.

The consent of the birth parents and the Minister is required when:

• the child is under 12 years of age, or
• the child or young person is aged between 12 and 18 and has been in the care of the prospective adoptive parents for less than two years, or
• the child or young person is aged between 12 and 18 and is deemed to not have sufficient maturity to give consent.

The Supreme Court can make orders dispensing with the consent of the parents in certain circumstances such as when the birth parent cannot be found or is mentally incapable of consenting. The court can also make an order to dispense with parental consent when it believes it is in the best interests of the child.

The consent of the child is required if the child is aged 12 years or over and is deemed to have sufficient maturity to give consent. It is important that a child thinking about adoption is not subjected to any pressure to give consent, or to not give consent.

What is an Adoption Plan?

An Adoption Plan is an agreement about post-adoption contact between the birth parents, the child or young person and the adoptive parents. It also includes how the child’s knowledge of their culture and identity will be supported. Adoption Plans are made to suit the needs and best interests of the child.

The Aboriginal and Torres Strait Islander perspective

In Aboriginal communities, the responsibility of raising children is often seen as the responsibility of the entire family rather than the biological parents alone. Adoption was not necessary and was an unknown practice in traditional Aboriginal culture. Today, the Aboriginal Placement Principle and Aboriginal consultation requirements seek to protect future generations of Aboriginal children from the devastating effects of past practices that separated children from their families, communities and culture.

The NSW Adoption Act 2000 makes it clear that adoption of an Aboriginal child is not to occur unless the Court is satisfied that an Adoption Order is preferable, and in the child’s best interests, to any other order which could be taken by law. Aboriginal people should participate with as much self-determination as possible in decisions relating to the placement of Aboriginal children for adoption.

Financial support for adoptive carer families

The NSW Government offers a range of financial support to carers who adopt a child from out-of-home care.

The Post-Adoption Allowance

The Post-Adoption Allowance is a means-tested allowance for carers who have adopted a child from out-of-home care with a final Adoption Order after 1 July 2017. The Post-Adoption Allowance is paid at the same rate as the DCJ Statutory Care Allowance and is available to carers who are eligible for Family Tax Benefit Part A.

Carers who adopt a child with special support needs will receive a Post-Adoption Allowance at the same rate as the Care +1 or Care +2 allowance received prior to adoption. Eligibility for the Post-Adoption Allowance is reviewed annually.

The OOHC Adoption Annual Payment

The OOHC Adoption Annual Payment is an annual payment for new adoptive parents who adopt a child or young person in out-of-home care. It is paid to the adoptive parents annually from the time the final Adoption Order is made to the time the child turns 18.

The Adoption Transition Support Payment

The Adoption Transition Support Payment is a one-off payment in addition to the OOHC Adoption Annual Payment, paid in the first year and intended to further assist families in meeting costs likely to arise in the first years after the adoption.

Other support for adoptive carer families

DCJ or your agency may also be able to help with:

• post-adoption contact arrangements as agreed in the Adoption Plan
• negotiating changes to the Adoption Plan if necessary
• referrals to specialist counsellors or support groups.

When carers are considering adoption of a child with a disability, the agency and DCJ will work closely with families, carers and disability agencies to provide priority support. Adoptive carers may be eligible for a range of services and financial supports available to assist with raising a child has a disability..