Working with families with disability · Web view2021. 2. 15. · This guide outlines Child and Youth Protection Services (CYPS) approach to working with children and families living

Working with families with disabilitySupporting good practiceChild and Youth Protection Services

December 2020

The purpose of this guideThis guide outlines Child and Youth Protection Services (CYPS) approach to working with children and families living with disability in the context of child protection and youth justice work in the ACT. It is intended for use by CYPS staff and its partners working with the ACT’s children and young people.

Specifically, this guide will tell you about:

what is disability and how it impacts on children, parents and families

core considerations when working with families with disability, including from different cultures

our practice approach to assessment and case management when disability is involved, including youth justice and transition

the importance of reasonable adjustments to ensure people with disability can meaningfully participate in our processes

communication and how to engage and build trusting relationships with people with disability

the role of advocates and disability support services

legal frameworks and the rights of people with disability.

Reading this guideIn reading this guide, the terms ‘child’ and ‘children’ also refer to ‘young person’ and ‘young people’. The term ‘parent’ (unless stated otherwise) also refers to a person who holds daily care or long-term parental responsibility. The term ‘Act’ refers to the Children and Young People Act 2008.

Throughout this guide you will notice this leaf symbol. It represents a direct link between the guide’s information and our CYPS practice standards. Our practice standards translate the legislation and principles that guide our work into expectations about what it means when we work with children and their families, carers and other agencies. They guide our daily work and it is important to consider our practice standards in conjunction with this guide.

This guide forms part of a suite of guides developed to provide valuable information to you in your role.

Other guides in the suite include:

Working with families affected by cumulative harm or neglect

Working with families affected by domestic and family violence

Working with families affected by sexual abuse

Working with families affected by physical abuse

Working with Aboriginal and Torres Strait Islander families

Together these guides provide a complementary collection of information to enable you to understand and respond to different forms of child abuse and neglect in the ACT.

Working with families with disability | December 2020 | 2

The guides have been informed by, and are consistent with, research, legislation, policies and procedures. Together with our practice standards and Case Management Framework, these guides set the benchmark for the delivery of high-quality practice in child protection.

Acknowledgement of countryThe ACT Government acknowledges the traditional custodians of the Canberra region, the Ngunnawal people. We acknowledge and respect their continuing culture and contribution they make to the life of this city and its surrounding region.


What’s insideThe purpose of this guide..........................................................................................................................2

Reading this guide....................................................................................................................................2

Acknowledgement of country...................................................................................................................3

Disability – What is it?..............................................................................................................................7A definition..................................................................................................................................................7Impacts of disability....................................................................................................................................8

Children with disability...........................................................................................................................8Parents of children with disability..........................................................................................................9Youth justice...........................................................................................................................................9

Legal frameworks and responsibilities......................................................................................................10Direct and indirect discrimination........................................................................................................10

Working with different family groups......................................................................................................11Parents with disability...............................................................................................................................12

Parenting capacity................................................................................................................................12Power imbalance..................................................................................................................................12Communication....................................................................................................................................13

Aboriginal and Torres Strait Islander families............................................................................................13Concept of disability and health...........................................................................................................14Culturally responsive practice..............................................................................................................14Communication....................................................................................................................................15

Culturally and linguistically diverse families..............................................................................................15Advocates and support people..................................................................................................................16Reasonable adjustments...........................................................................................................................16National Disability Insurance Scheme.......................................................................................................17

CYPS considerations.............................................................................................................................17Children...........................................................................................................................................17Parents............................................................................................................................................18

Integrated Service Response Program.................................................................................................18

Practice principles...................................................................................................................................18Communication.........................................................................................................................................19

Communication adjustments...............................................................................................................19Respectful interactions and initial contact...........................................................................................20Accessible information: Plain language and easy English.....................................................................21Simple language guide..........................................................................................................................21

Assessment................................................................................................................................................23Responding to Child Concern Reports involving disability....................................................................24

Gathering information....................................................................................................................24Recording disability status in CYRIS.................................................................................................25


Responding to complex behaviours.................................................................................................25CYPS support response....................................................................................................................25

Appraisal..............................................................................................................................................26Considerations: Child with disability...............................................................................................26Considerations: Parent with disability.............................................................................................27Case conferencing...........................................................................................................................28Interviewing a child with disability..................................................................................................28Interviewing a parent with disability...............................................................................................29

Substantiation and CYPS involvement..................................................................................................30Family preservation........................................................................................................................31Engaging the family: Participation..................................................................................................31

Case management: Children with disability in care...................................................................................32Understanding needs...........................................................................................................................33

Gathering information....................................................................................................................33Therapeutic assessments................................................................................................................34Therapeutic consultations...............................................................................................................34

Case conferencing................................................................................................................................34Care Plans.............................................................................................................................................35Restrictive practice and Positive Behaviour Support Plans...................................................................35Contact.................................................................................................................................................37Supported decision-making..................................................................................................................37

Tips.................................................................................................................................................37Mitigating risks...............................................................................................................................38

Transition and decision-making capacity: Guardianship and Management Orders.............................39What is guardianship?....................................................................................................................39

Youth justice..............................................................................................................................................40Orders and reasonable directions........................................................................................................40Case Plans.............................................................................................................................................41

Support services........................................................................................................................................42Concerns about a child’s development, disability, health or behaviour...............................................42

CARHU (Child at Risk Health Unit)...................................................................................................42Child Development Service..............................................................................................................42General Practitioner (GP)................................................................................................................42Specialist.........................................................................................................................................42CYPS Therapeutic Assessment Team...............................................................................................43Child and Family Centres.................................................................................................................43

Support referrals..................................................................................................................................43Disability support agencies and programs............................................................................................44

ADACAS (ACT Disability Aged Carer Advocacy Service)...................................................................44Advocacy for Inclusion....................................................................................................................44Auslan Services................................................................................................................................44Community Options........................................................................................................................45DeafACT..........................................................................................................................................45IMPACT program............................................................................................................................45


Integrated Service Response Program............................................................................................45National Disability Insurance Scheme.............................................................................................45Newpin Program.............................................................................................................................46Vision Australia...............................................................................................................................46

Key messages..........................................................................................................................................47

References..............................................................................................................................................48


Disability – What is it?

‘Disability is part of human diversity. …People with disability…contribute to society in the same way that people without disability do. The only difference is that often people with disability come up against significant barriers while trying to do the things that many of us take for granted.’ – Australian Network on Disability (n.d.)

Disability can be highly misunderstood leading to unjust impacts on people living with disability. In your role, it is important to strengthen your understanding of disability, the impacts it can have on children and families and the legal frameworks in place to protect their rights.

A definitionIn 2018, 19.4 per cent of the ACT population identified as having some form of disability (ABS, 2019). While there are many types of disability, broadly speaking, disability is any condition of a person’s mind or body that makes it harder for them to do certain activities, and may impact their full and effective participation in society on an equal basis to others. A disability can be:

easy to see or hidden (most common)

permanent, temporary or episodic

inherited, present at birth or the result of an accident or illness

different in severity – from profound to mild.

A person can also experience one or more disability at the same time.

The Disability Discrimination Act 1992, defines disability as:

total or partial loss of a person’s bodily or mental functions

total or partial loss of a part of the body

the presence in the body of organisms causing disease or illness

the presence in the body of organisms capable of causing disease or illness

the malfunction, malformation or disfigurement of a part of a person’s body

a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction

a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

Often, disability is categorised by its physical, sensory and intellectual signs (ABS, 2015). This can be useful in describing the types of assistance and support a person may need – for example, a walking aid (physical), sign language (sensory), learning assistance (intellectual).


Practice tip / Important: Throughout your practice, it is important to understand disability exists on a spectrum and each person experiences disability in a unique way. People with the same disability can be affected in different ways and therefore require different approaches and supports.

Impacts of disabilityThe impacts felt by people with disability are wide-ranging and depend on the type and severity of the disability. While many people with disability routinely and actively participate in all areas of life, others face challenges to do so and are more likely to experience poor health, discrimination and violence than those without disability (AIHW, 2020b).

Children with disability

In 2018, children with disability aged 0 to 14 years, made up 7.6 per cent of Australia's population (AIHW, 2020b). According to Jones et al (2012), children with disability are more vulnerable to all forms of abuse, neglect, discrimination and reduced social connectedness compared to children without disability. Because of this increased vulnerability, children with disability are over-represented in the child protection system.

A submission by Queensland’s National Disability Services (2013) reported the frequency of maltreatment of children with disability is 3.4 times higher than that for children without disability (31% as compared to 9%). It is also likely abuse is under reported for this group because of a range of reasons, including:

lack of support to make a complaint

feeling they would not be believed

not having the vocabulary or communication skills to name the harm they are experiencing

feelings of intimidation and fear commonly experienced by all children subject to abuse or neglect.

Children with communication difficulties, behaviour difficulties, intellectual disability and sensory disability also experience higher rates of abuse, are often abused on multiple occasions and the impact of the abuse is more significant.

At a societal level, children with disability often fall into categories strongly associated with higher incidences of abuse than those without disability. These include exposure to poverty, unemployment, inadequate housing, poor quality health care, exposure to family and domestic violence and social vulnerability (NDS Qld, 2013). They can also experience higher levels of risk for abuse or neglect due to their increased dependency on adults to care for them. This risk can increase because of:

the child’s need for practical support in daily living, including intimate care (such as bathing, feeding, toileting) from what may be multiple carers

parent, carers and staff lacking the ability to communicate adequately with the child

lack of continuity in care leading to potential behavioural changes in the child going unnoticed

the child’s physical dependency on others and therefore their ability to physically resist abuse is limited

increased likelihood the child is socially isolated

the child’s lack of access to strategies to maintain their safety

communication or learning difficulties preventing disclosure


the needs and ways of coping for the parents or carers conflicting with the needs of the child (NDS Qld, 2013).

Risk can also increase because of:

lack of or limited community assistance available to support the child’s care arrangement

pressures on parents or carers to sustain care of a child with high care needs.

Important: Just like any child, a child with disability deserves to grow up safe and to be cared for in an appropriate, caring and respectful way that addresses their needs and supports them to reach their potential.

Parents of children with disability

Being the parent of child with disability can be challenging as well as rewarding. Research shows parents of children with disability have higher levels of stress and lower levels of wellbeing than parents of children without disability (Feizi et al, 2014). The demands of caring can feel relentless and many parents of children with disability experience physical, mental or emotional tension related to their caring role and are particularly vulnerable to stress because of these demands (Lester et al, 2008).

Causes of stress for families include:

lack of services

stress on relationships

physical tiredness

lack of choice

financial challenges of medical expenses, equipment and sometimes limited capacity to participate in paid employment due to the care needs of the child

concern for the child and their future

impact of sleep and behaviour challenges of the child

not feeling understood by, or connected to others (NPDCC, 2009).

Most parents do the best they can with the resources available to them through therapies and education to support their child and get them the help they need. Caring for a child with disability can be tiring, and it is important parents also take care of themselves to sustain them in their caring role. Supports and services including respite, counselling, peer support and financial assistance are important to help parents in their role.

Practice tip: It is important to recognise the increased pressures on parents of children with disability and to take the time to empathise and try to understand the stressors placed on families and their individual circumstances.

Youth justice

Children and young people with disability are over-represented in the criminal justice system, particularly those with an intellectual disability (ACT Government, 2019). The ACT’s Disability Justice Strategy 2019-2029 recognises the need to improve the identification and understanding of disability and the specific needs of all people with disability when interacting with the justice system.


According to the Australian Human Rights Commission (2016), some common difficulties faced by people with disability when in contact with the criminal justice system are:

widespread difficulty identifying disability and responding to it appropriately

styles of communication and questioning techniques used by police, lawyers, courts and custodial officers can confuse a person with disability

socioeconomic vulnerabilities experienced by people with disability can contribute to a cycle of offending

difficulty understanding and processing information provided – for example, not being provided information about bail conditions in a way the person can understand

some custodial practices, including seclusion and medical and physical restraints, may not be appropriate or may be harmful for some people with disability

lack of specialist support and programs available during or when exiting the justice system.

Practice tip: See section ‘Practice principles – Youth justice’ below for specific guidance on effectively working with young people with disability who are involved with the youth justice system.

Legal frameworks and responsibilitiesPeople with disability are legally protected in many ways. When working with children or families with disability, you must do so in line with the principles and provisions of the following legal frameworks:

The United Nations Convention on the Rights of Persons with Disabilities – This reflects the Australian Government's commitment to promote and support the equal and active participation by people with disability in economic and social life.

The Disability Discrimination Act 1992 – It is unlawful to discriminate against a person in areas of public life because of their disability, including in employment, education, accessing or using services and accessing public places.

The Human Rights Act 2004 – It is unlawful to distinguish or discriminate against a person because of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.

The Senior Practitioner Act 2018 – A formal framework for the reduction and elimination of restrictive practices by service providers (for example, disability care and out of home care). See section ‘Restrictive practice and Positive Behaviour Support Plans’.

Under these frameworks, you are required to provide appropriate supports and reasonable adjustments – including adjustments in communication and expression – to ensure a person with disability is neither directly or indirectly discriminated against. See section ‘Reasonable adjustments’ later in this guide.

Our standard in practice: Practice expertise and leadership

Demonstrate an understanding of the governing legislation, policy and procedures relevant to inform and mandate practice, and align my practice approach with organisational aims, goals and commitments.

Direct and indirect discrimination


Direct disability discrimination happens when a person with disability is treated less favourably than a person without that disability in the same or similar circumstances.

For example, it is direct discrimination if a relative with disability is overlooked as a potential kinship carer because of assumptions made about their parenting capacity.

Indirect discrimination can be less obvious. It can happen when conditions, requirements or practices are put in place that appear to treat everyone the same, but actually disadvantage some people because of their disability.

It is indirect discrimination if:

a requirement or condition applies to everyone, but due to disability a person would be unable to comply or would be disadvantaged if they attempted to comply

it is identified a person with disability requires reasonable adjustments or communication adjustments to be able to meaningfully engage with information or a condition, and these adjustments are not provided to them

unreasonable expectation is put on a person with disability to be able to meaningfully engage with information, a request or support service to the usual standard required by CYPS due to their disability.

For example, requiring a person who is hearing impaired to attend meetings where they have not been asked if they would like or require the assistance of an Auslan interpreter, support person or advocate would be indirect discrimination. It is also important not to assume all hearing impaired or non-verbal people are fluent in Auslan as this is not the case. It is important you directly ask the person about any reasonable adjustments or communication adjustments they may need to ensure they can meaningfully participate and express their views.

Working with different family groups

All families and people can be impacted by disability. However, disability does not equate to inability. It is important when working with families with disability, and the services that support them, to always remain open-minded, to be aware of their ‘lived’ experiences and to make reasonable adjustments to enable meaningful participation by everyone involved.

Our standard in practice: Relationship-based practice

Recognise the fundamental challenges facing many families and identify their strengths.

Work to identify and engage a range of services that may make a difference.

Our standard in practice: Critical reflection and supervision


Plan how to approach interactions, conversations and visits and consider the context for that child and family.

Parents with disability

Parents with disability often experience high levels of socio-economic disadvantage and unemployment, which can result in a higher risk of becoming involved in the child protection system – this is particularly so for families where a parent has an intellectual disability (Llewellyn & Hindmarsh, 2015). Research also suggests factors contributing to the over-representation of parents or carers with disability in child protection matters include unconscious bias, discrimination, prejudice and a lack of support services (Booth et al, 2005). It further suggests, when parents with disability are involved with the child protection system:

cases are likely to remain open longer

parents experience a higher level of intervention

reports of abuse and neglect are more likely to be substantiated compared to parents without disability

there is higher likelihood their children will be taken into permanent out of home care (Booth et al, 2005).

It is therefore essential when working with parents who have a disability to be objective and consider the impact and influence of societal and individual prejudices on your decision-making and practice. Below are some areas of particular importance to be considered when working with parents with disability.

Parenting capacity

The presence of a disability itself does not determine the quality of a parent’s capacity to provide care and protection to their child. It may, however, inform the support needs of the parent to care for their child. Every family situation is different, and it is important to consider the impact adequate support within the family home and care environment may have on increasing a family’s ability to effectively provide care and protection for their child.

The following table outlines misconceptions and facts about parents with disability. It is critical only facts be considered when making assessments about parenting capacity.

Misconception Fact

Low IQ is an indicator of poor parenting capacity. Parenting capacity is not a static skill and is contextual.

Parents with disability have significantly more children than parents without disability.

There is no research to show parents with disability have significantly more children than parents without disability.

All children born to parents with disability will also have disability.

Children who have parents with disability are not likely to be born with disability.

Parents with disability will inevitably neglect their children.

Parents with disability are capable and successful parents.

Parents with intellectual disability will inevitably Parents with disability are capable and successful


Misconception Fact

provide inadequate childcare. parents.

Power imbalance

There is a considerable power imbalance inherently felt by parents with disability when working with child protection systems. This imbalance is more pronounced when you consider the history of over-representation of parents with disability in child protection matters.

Because of this, many parents with disability can experience fear, high levels of stress and anxiety when interacting with child protection systems. This often increases when a parent may have difficulty understanding information given to them, particularly when it is provided in a format they cannot easily comprehend.

Practice tip: When working with parents with disability, be sensitive to the stress child protection involvement can have on them and work to build rapport and trust to alleviate this stress. Consider involvement of a support person or advocate and determine any necessary reasonable adjustments.

Communication

Section 351 of the Children and Young People Act 2008, outlines your responsibilities to help families understand care and protection procedures and decisions, in particular to ensure parents, people with parental responsibility and children understand:

what a decision is going to be about

the decision-making process

their right to take part in the decision-making process and have their views and wishes heard

the final decision made and what it means.

To do this, you must ensure information is provided to parents and children in a way they understand and can contribute to.

Where a parent may have a disability, you must find out what methods of communication or reasonable adjustments may be needed to provide them information in a way they can clearly understand. You must also provide adjustments that ensure the parent can clearly express their views and opinions. For example, ask the parent what is the best way to share information with them and if they would like an advocate or support person to be with them during visits or meetings – it is their right to have another person present, see section ‘Advocates and support people’ below.

Practice tip / Important: Like all groups in the community, people with disability are a diverse group and no assumptions can be made about their capacity – the presence of disability does not determine parenting capacity.

To ensure you communicate with parents with disability in way that provides clear understanding of CYPS processes and the activities being undertaken relevant to their lives, see section ‘Practice principles – Communication’ below.

Aboriginal and Torres Strait Islander families


Disability in Aboriginal and Torres Strait Islander communities is twice as prevalent, more complex in terms of co-occurring disability and compressed within a shorter life expectancy when compared with other Australians (Hindman, 2018). The most common disability types are physical, intellectual and sight, hearing or speech-related disability (AIHW, 2015).

Nationally, Aboriginal and Torres Strait Islander children aged between 5 and 18 years old are 1.5 times more likely to have a profound or severe disability than their non-Indigenous counterparts (DiGiacomo & Delaney et al, 2013). A 2015 survey by the Australian Bureau of Statistics reported almost 24 per cent of Aboriginal and Torres Strait Islander people living in households have a disability. Similarly, Aboriginal and Torres Strait Islander people are more than three times as likely to have an intellectual disability and more than twice as likely to require support to meet self-care, communication and mobility needs (DiGiacomo & Delaney et al, 2013). They also experience higher rates of predisposing factors for disability including low birth weight, higher rates of chronic disease, infectious diseases (such as eye and ear infections), accidents, violence, mental illness and substance abuse (AIHW, 2015). Other socioeconomic and cultural factors also compound the high prevalence of disability among communities.

When working with Aboriginal and Torres Strait Islander families it is important you consider both the prevalence and impact of disability. It is also important not to overlook the impact of past government policies and intergenerational trauma that have contributed to the social disadvantage of Aboriginal and Torres Strait Islander people as a whole today – be sensitive to this history and focus your efforts on building trust and rapport.

Practice tip / Important: Aboriginal and Torres Strait Islander children remain over-represented in child protection systems in the ACT and across Australia (Coleman et al, 2018). Reducing this over-representation and improving outcomes for these children and their families must remain a focus of your work.

Ensure you read the following guides (available on our Knowledge Portal) for further understanding and guidance of how to work effectively with Aboriginal and Torres Strait Islander families where abuse or neglect (regardless of disability) is alleged:

• Working with Aboriginal and Torres Strait Islander families

• Working with families affected by cumulative harm

Concept of disability and health

Many Aboriginal and Torres Strait Islander languages and cultures have differing views of what disability is compared to non-Indigenous cultures, and the level of awareness and identification of disability across communities can vary (NDIS, 2017). Aboriginal and Torres Strait Islander cultures encompass a more holistic view of health than non-Indigenous cultures and recognise the importance of connection to land, culture, spirituality, ancestry, family and community and how these connections have been shaped across generations, and the processes by which they affect individual wellbeing (Dudgeon et al, 2014).

These differing cultural views of disability, along with a mistrust of services, apprehended discrimination, lack of culturally appropriate services and limited access to specialist services and transport often prevent Aboriginal and Torres Strait Islander people from accessing support (AbSec, n.d.). These factors must be considered when assessing allegations of abuse or neglect concerning Aboriginal and Torres Strait Islander families with disability and throughout any ongoing CYPS involvement.

Culturally responsive practice


As CYPS staff, you are expected to use a culturally appropriate lens when assessing the strengths and needs of families. To help you do this, when working with Aboriginal and Torres Strait Islander people with disability, you are to:

consult the Cultural Services Team and consider taking one of its team members when visiting a family – this will help build a stronger relationship between you and the family

engage culturally appropriate services that support Aboriginal and Torres Strait Islander disability and social and emotional wellbeing

be mindful of a family’s potential resistance to engage with CYPS, access services (including medical) or disclose information due to historical mistrust or a culturally-specific view of disability

communicate in a culturally appropriate way – this may include some individuals preferring a non-confrontational communication style, for example the use of indirect questions such as ‘Tell me about your child’s needs?’ rather than directly asking ‘Does your child have a disability?’. Other considerations include eye contact, use of a safe space and culturally safe communication methods.

understand some families have a ‘knowledge holder’, a person who holds the family stories and kin information, and you should ask the family if there is anyone they would like to be involved

use active efforts and understand the importance of taking time to build relationships to work effectively with families and extended family members.

Communication

When engaging Aboriginal or Torres Strait Islander families in conversation, particularly for the first time, the following tips will help you build rapport with the family:

Mirror the behaviours you see the family use, for example, the style of eye contact (direct or indirect), body language (when appropriate), if the person is standing or walking. This generates trust and allows you to communicate in a more culturally appropriate way.

Consider taking something with you to ‘break the ice’, such as a packet of biscuits or tea. This allows the conversation to start.

When navigating conversation start with community, for example, ‘Have you had any events in the community lately?’ It is then appropriate to move to extended family and community, ‘How’s your family going?’ ‘Where is your mob from?’ Then move to individual family, ‘How is (child’s name) going?’ This reflects a culturally appropriate conversation and develops a trusting relationship with the family. Moving immediately to personal questions about the family can come across as a power imbalance and cause mistrust. It is important to spend time on building relationships with the family and community members.

Take time and use silence appropriately. Leaving space in conversations is common in Aboriginal and Torres Strait Islander communities and allows respect and time to consider answers.

Practice tip: Families are the experts in their culture and you are to use curiosity to learn from them to better understand their values, traditions, cultural strengths and sensitivities. This is equally important for families of any culture different to your own.

Culturally and linguistically diverse familiesWhen working with culturally and linguistically diverse (CALD) families, it is important to consider how disability is perceived and addressed in different cultures. You should consider consulting a community


service that works with multicultural groups about what communication needs and reasonable adjustments may be needed when working with a specific family. However, before contacting any external service, ensure you have accurate information and do not make assumptions about what culture a family is from, what religion they may practice or how a disability may impact them.

Community Options is a support service who help coordinate services for CALD people with disability in the ACT. See section ‘Disability support agencies and programs’ below for contact details.

Advocates and support peopleCYPS involvement can be stressful for anyone and an advocate can help reduce this stress. An advocate can help a person be heard in decisions affecting their life and enhance their rights.

When CYPS is involved with a family with disability, an advocate can help ensure the child or parent understands our information, knows what to expect in working with us and is supported to engage meaningfully and with dignity. Therefore, an advocate should be used throughout all child protection and youth justice processes. Advocacy agencies will provide this help in line with the United Nations Convention on the Rights of Persons with Disabilities.

Practice tip: When working with a parent or child with a disability ask if they have an advocate they have used before or would like to use. The advocate may be from a disability organisation such as ADACAS (ACT Disability Aged Carer Advocacy Service) or Advocacy for Inclusion, or from a non-disability specific organisation like Legal Aid or the Australian Red Cross. If an advocate is not yet involved, provide information to the family about advocacy organisations and offer to help connect them with one.

In addition to a formal advocacy service, it is also important to ask the parent and child if they would like a friend or family member to act as a support person when working with us.

An advocate or support person can help a person with disability to:

understand the situation and what is happening

communicate their information and story

read and understand documents and information

prepare for meetings and write down questions they want to ask

determine when legal assistance is needed

understand their rights and responsibilities

understand any obligations they need to follow.

Advocates and support people may also:

provide support and advocacy during meetings with CYPS

provide knowledge of services and assist with accessing them

access NDIS programs and resources

communicate with CYPS about any reasonable adjustments or communication needs.

See section ‘Disability support agencies and programs’ below for more information about disability advocacy organisations.


Reasonable adjustmentsA person with disability may have specific needs and require reasonable adjustments to be made appropriate to those needs. A reasonable adjustment is a modification to how something is done to enable a person with disability to participate effectively and experience equal opportunity with others. A reasonable adjustment can be administrative, environmental, time-based or procedural.

When working with a person with disability, reasonable adjustment is required to ensure that person’s individual needs are met and to prevent indirect discrimination impeding their human rights.

In all interactions with a person with disability you are to consider:

the views of the person, and/or their advocate, about their preferred adjustment

the impact of the disability on the person’s ability to understand and learn skills

physical conditions of the disability and how you may adjust to accommodate these – for example, using a ground floor meeting room with accessible doors for a person who uses a wheelchair

any adjustments to communication and information needed to support the person’s understanding (see section ‘Communication adjustments’ below)

the impact an adjustment would have on the person’s ability to participate.

National Disability Insurance SchemeThe National Disability Insurance Scheme (NDIS) is for all Australians under the age of 65 who have a permanent disability or significant impairment affecting their participation in everyday activities. The NDIS is operated by the National Disability Insurance Agency (NDIA).

The NDIS has a focus on early intervention, where helping people get supports early may reduce the impact of a disability and improve outcomes later in life.

The NDIS supports eligible people with disability and their carers to:

access mainstream services and supports

access community services and supports

maintain informal support arrangements

receive reasonable and necessary supports.

CYPS considerations

When working with someone you believe may need assistance through the NDIS, access our NDIS practice guide from the Knowledge Portal for information about eligibility, how to apply, planning and assessment processes, NDIS and youth justice and review of decisions.

If you are working with someone who already has an NDIS plan you need to also be aware of the circumstances in which you can receive a copy of their plan and the importance of ensuring NDIS support needs are appropriately reflected in the child’s Care Plan.

Children

Only in circumstances where the Director-General has parental responsibility can the NDIA share information with CYPS about a child’s NDIS plan.


However, where the Director-General does not have parental responsibility, you can ask a parent to share their child’s plan with you and/or seek their consent to speak to the child’s NDIS Support Coordinator – this can be useful to better understand the child’s disability support needs.

Practice tip: Where children are in the care of the Director-General, you must ensure their NDIS plan and specific support needs are reflected in their Care Plans and regularly managed and reviewed at Care Team meetings. You must also consider a child’s eligibility for the NDIS throughout the child’s time in care.

Parents

If you are working with a parent with an NDIS plan, it may be helpful to speak with them and their NDIS Support Coordinator or planner to consider funding supports where there is an identified parenting need affected by their disability.

For example:

assistance to develop and adapt to routines such as feeding, sleeping, bed routines, mealtimes or getting to school

assistance to develop and adapt to key transitions in the day and/or developmental changes in their child’s life that may require some reasonable adjustment to support the parent

assistance to interact and play with their child in a way appropriate for their developmental level

assistance to build skills related to preparing for and interacting during contact if their child is living in care.

See section ‘Disability support agencies and programs’ below for NDIS contact details.

Integrated Service Response Program

If you are working with a person with an NDIS plan who has highly complex needs not being met by their plan, assistance through the Integrated Service Response Program may be an option. The program provides short-term coordination of mainstream services and emergency funding when a person’s wellbeing and stability in the community is threatened by crises, complexity, the changing nature of their support needs or community safety concerns and their needs cannot be immediately met through their NDIS plan.

The program is delivered through the Community Services Directorate’s Office for Disability and works in conjunction with the NDIS and other service providers.

The program can also assist individuals not currently involved with the NDIS but who meet the NDIS eligibility criteria and are in crisis.

See section ‘Disability support agencies and programs’ below for contact details.

Practice principlesIn CYPS, our primary consideration is always the wellbeing of children. When working with families with disability, this is best achieved through clear communication, thorough and holistic risk assessments, respectful relationships


ensuring children and families are listened to and heard, understanding the needs of everyone involved and making informed decisions in the best interests of the child.

The practice principles outlined below will help you to effectively work with families living with disability throughout your practice.

CommunicationOur role in working with any parent or child is to ensure they can understand and participate in the CYPS process and how it affects them – clear communication is critical to achieve this.

No matter who you are communicating with, there are simple practices to always keep in mind:

Think of your audience, not your personal style. Don’t use jargon you assume others understand.

Keep it simple (see section ‘Simple language guide’ below).

State your major points first before going into details – and stick to your topic.

Use an active voice when talking and writing. An active voice makes it clear who is supposed to do what, reducing ambiguity about responsibilities. For example, instead of saying, ‘It must be done’, say, ‘You must do it’.

Get someone to read written materials for honest and useful feedback before providing them to a parent/carer or child.

Provide information in plain language or, if appropriate and available, easy English (see section ‘Accessible information: Plain language and easy English’ below).


Communicate in a clear, honest and respectful way to children, young people and families.

Communication adjustments

When working with people with disability, it is possible you may need to put in place reasonable adjustments concerning communication to ensure the person’s rights are met. This includes their right to:

receive a CYPS response to their support needs

receive CYPS information in a way they can understand

express their feelings, needs and wants to CYPS and have these responded to

participate effectively with CYPS processes

be supported to develop an effective, efficient and reliable means of independent communication.

It is also important for you to remain open and conscious of a person’s lived experience of disability and to always ask the person what they need in terms of assistance and support. The goal is to identify any adjustments the person may need – communication related or other. Ask the person: ‘Is there a way I can support you that would work better for you?' Examples of possible communication adjustments include:


where a person has low literacy, they may need to work with an advocate and/or support person to ensure they have understood the information provided to them – if possible, information should be provided both with verbal explanation and in easy English where available

a person with a hearing impairment or who is non-verbal may need an interpreter

a person with low vision or blindness may need information in braille or large print

a person with a physical or sensory disability may need to meet in a location accessible to them and free from distraction, smell, light or background noise.

Important: You must not make assumptions about what type of disability a person may have or what their experience of living with disability is. It is important you treat each person with respect and understand everyone is different and will have their own preferences.

Respectful interactions and initial contact

You must be respectful when interacting with anybody you work with. Our CYPS practice standards guide you to always communicate in a clear, honest and respectful way. Specifically, when working with a person with disability:

Use ‘person first’ language – When talking, writing or thinking about a person with disability, ‘person first’ means you are acknowledging the person before their disability or limitation.

Check requirements – When arranging a meeting or appointment for the first time, ask: ‘Can I check if you have any access or other requirements you would like me to know about?’

Ask before helping a person – If you offer assistance, wait until the offer is accepted, then listen or ask for instructions. If your offer of assistance is declined, respect this.

Offer document support – When you have documents or written information to be provided, let the person know you are available to go over the information with them. For example, if you have forms the person needs to fill out, ask if they would like any help to complete them.

Communicate at eye level – If you have a conversation for more than a few moments with someone using a wheelchair or sitting down, pull up a chair or squat beside them so you are communicating at their eye level.

Respect privacy – Be mindful of a person’s right to privacy. While a person with disability may rely on a support person to assist with daily activities, they may not want to share aspects of their personal life with others. They may also choose not to share information about their disability with you.

Follow-up requests – If a person makes a request to meet a particular need and you are unsure of what to do, let them know you will follow-up and get back to them. Speak with your team leader or operational manager for advice.

Speak directly to the person – This is important even when a support person or advocate is present. Communicate clearly using simple language (see section ‘Simple language guide’ below).

Ensure ‘their’ understanding – Give permission to the person to tell you if they don’t understand something. If you think they may not be clearly understanding the information you are giving them, be creative in how to check their knowledge. For example, instead of asking, ‘Do you understand’, ask if they can tell you what the main points of the information were, such as, ‘Can you tell me the date you are going to court again?’


Ensure ‘your’ understanding – Don’t pretend or assume to understand what a person has said, instead, repeat what you have understood and allow the person to respond. It is okay to say, ‘I am sorry, I did not understand that’.

Be patient – When talking to a person, listen attentively and wait for them to finish.

Repeat information – Be mindful information may need to be provided more than once before it is processed and understood. This may be over several meetings.

Accessible information: Plain language and easy English

In Australia, 44 per cent of adults have difficulty reading and writing – this might include people with low English literacy such as some people with intellectual disability or people from culturally and linguistically diverse backgrounds. CYPS is committed to ensuring we provide information in a way that is accessible, and recognises we have a responsibility to ensure our information can be understood by parents, children and carers themselves and to involve an advocate or support person when needed.

To help do this, we are gradually updating key documents so they are available in both plain language and easy English.

Plain language is a writing style that is clear, concise, organised and appropriate for the intended audience. It is suitable for people with average (or above) literacy skills who want information that is easy to find, understand and use. Plain language should be our default style of writing (and talking).

Easy English is similar to plain language in that it is also concise, structured and easy to understand, but it is further simplified to be more easily accessible to people who have low literacy skills, such as people with an intellectual or learning disability. Easy English focuses on key information only, uses simple language, definitions of words which can be hard to understand and helpful graphics.

All existing easy English documents are available on our Knowledge Portal, including reasonable directions, Emergency Action and contact. As more are developed, they will be added to the Knowledge Portal.

Practice tip: When you provide an easy English document, you must also provide the detailed CYPS/plain language version so the person can refer to it if they need more information or share it with their support person or advocate. It is also best practice to help the person read through the easy English version so you can answer any questions and ensure they understand the information you have provided them.

Where information is not yet available in plain language or easy English, you must continue to use good practice when communicating with people with disability. See section ‘Communication adjustments’ above.

Simple language guide

There is no need to use fancy, formal or complicated words in your work. The table below provides examples of easy word swaps that will make your communication more accessible to more people – whether written or spoken. By using simple language that can be understood, you will help ensure a person’s rights are met and enable them to meaningfully participate in CYPS processes and express their views. This in turn helps you to gather information to support informed decision-making.

Instead of… Use…

regarding about

concerning about



you are saying you say

commence start

proceed go

additional extra, more

advise tell

complete fill in, finish

comply with follow

consequently so

ensure make sure

forward send

in accordance with under, keeping to

in excess more than

in respect to for

in the event of if

on receipt when we/you get

on request if you ask

particulars details

per annum a year

acknowledge thank you for

prior to before

purchase buy

should you wish if you want

terminate end, finish

statute law

legislation law

discuss talk about

disclose tell



your evidence what can you tell us about…?

were you happy? how did you feel?

(Adapted from Advocacy for Inclusion, 2016)

AssessmentRegardless of whether a person with disability is named in a Child Concern Report (CCR), the main priority for a CYPS response is to:

identify the abuse or neglect

assess the abuse or neglect

take action to protect the child from the abuse or neglect.

CYPS has a statutory responsibility to investigate such concerns under section 360 of the Children and Young People Act 2008.

While there are additional factors to consider when disability is involved, you are to investigate any reported concerns by following our Intake procedure and CYPS Risk Assessment Framework, specifically by:

1. Conducting a CCR Risk Assessment.

2. Conducting a Child Protection Report (CPR) Risk Assessment where your CCR assessment outcome meets the legal threshold.

3. Conducting an Appraisal Risk Assessment where your CPR assessment indicates it is appropriate.

4. Conducting ongoing risk assessment where abuse or neglect has been substantiated to ensure the continued safety of the child and effectiveness of outcomes and case management supports put in place.

The specifics of each risk assessment are outlined in our CYPS Risk Assessment Framework and corresponding Intake procedures available from our Knowledge Portal. Specific considerations when disability is involved are explained in the remainder of this guide.

Practice tip: Any assessment you undertake must be based on credible information that provides the grounds for you to make ‘balance of probability’ decisions. This is not the same as proof. Information gathered should be as factual, reliable and verifiable as possible – in particular, protective factors. Taking information at face value can result in poorly informed analysis and, in some instances, place a child at further risk. Ensuring information is credible not only helps you make well-informed decisions, but also protects the child and family from unfounded or malicious allegations.

You are to also always remain objective, curious and willing to challenge assumptions – your own and those of others. Clear evidence of your decision-making process must be recorded, including what information you considered and the relevance it had to the decisions you made.

Our standard in practice: Holistic assessment and planning


Think holistically about a child’s experience by considering all aspects of their situation and seek to understand them outside of ‘one event’.

Examine all information and think through all possibilities about what has occurred and why.

Responding to Child Concern Reports involving disability

When a CCR is about a child with disability, you must be aware of the child’s increased risk of experiencing vulnerability (and therefore abuse or neglect) due to their greater dependency on adults to care for them (see section ‘Impacts of disability – Children’ above).

In addition to these vulnerabilities, you must also be alert to the following behaviours that may be indicators of abuse or neglect:

force feeding

unjustified or excessive physical restraint

rough handling

extreme behaviour modification including the deprivation of liquid, medication, food or clothing

misuse of medication, sedation or heavy tranquillisation

invasive procedures against the child’s will

deliberate failure to follow medically recommended regimes

misapplication of programs or regimes

ill-fitting equipment – for example callipers, a sleep board that may cause injury or pain, or inappropriate splinting.

Practice tip / Important: Caring for a child with disability who has complex behaviours or circumstances can be challenging for parents. It is important in your assessments to be alert to this and determine if a parent’s care towards their child is because they are struggling with their child’s complex needs or if their care is abuse or neglect. Where a parent is struggling, a CYPS only response is not appropriate and a referral to other support services is required. See section ‘Responding to complex behaviours’ below.

Gathering information

When gathering information on receipt of a CCR, you are to ask the standard intake questions of the person making the report (the intake source), as well as any relevant services involved with the child and their family. Your questioning must also seek to understand more about the child’s disability and any protective and supportive factors and vulnerabilities. This should include seeking information about:

the strengths of the child and their family

if anyone else in the family has a disability

the family dynamic and functioning

the child’s disability

the impact of the disability on the child and family

any specific communication or learning support needs

services involved with the child including doctors, therapists, NDIS (see section ‘National Disability Insurance Scheme’ above).


Recording disability status in CYRIS

A child and parent’s disability status must be recorded on CYRIS. Where a child or parent does have a disability, you must also record the disability type and whether it is confirmed – confirmation is dependent on the source of the information. For example, it is considered confirmed if the information comes from a family member, teacher or doctor. Disability status is recorded using the ‘Disability Indicator’ on the ‘Person History Record’ page.

Recording this information provides visibility to a child or parent’s disability and enables simple reporting of these demographics.

Responding to complex behaviours

When responding to a CCR involving a child with disability, it is important to determine if a parent’s care towards their child is abuse or neglect, or if the care is a result of the parent struggling to cope with their child’s complex needs and behaviours arising from their disability.

If your assessment indicates a parent is struggling, a CYPS only response is not appropriate and referral to other services is needed. To determine the correct referral pathway, you are to determine if the family is or is not connected with the NDIS.

If the family is not connected with the NDIS and the child does not meet the NDIS eligibility requirements, you are to make a referral to an appropriate service to better understand the family’s situation – these services can provide advice and assessment regarding concerns. See section ‘Concerns about a child’s development, disability, health or behaviour’ below for appropriate referral services.

If the family is connected with the NDIS or the child does meet the NDIS eligibility requirements, you are required to make a referral to the Integrated Service Response Program (through the Office of Disability) when:

there is an emerging crisis due to the complexity of the child’s support need, and

the child requires coordination of mainstream services because their wellbeing and stability in the community is threatened, or

the child has a significant change in their support needs, or

the child can no longer live in the family home due to their disability, or

there is risk of family breakdown.

The Integrated Service Response Program can help provide:

short-term coordination support for the child

case coordination and funding for accommodation for children under 16 years old who cannot live in the family home due to their high disability support needs.

See section ‘Disability support agencies and programs’ below for the Integrated Service Response Program’s contact details. Also see section ‘National Disability Insurance Scheme’ above for more information about the NDIS.

CYPS support response

A CYPS support response can be used to respond to a CCR or CPR involving a child with disability. This is appropriate when your assessment determines:


there is no perceived risk in the family home, but

the child poses a risk to themselves because of behaviours related to their disability, and

there is a parent willing but not able to provide the child adequate protection and support.

A support response is a voluntary support plan and is to be developed in partnership with the family. It should start with identifying goals that will address the need and support for the child, including therapeutic intervention. The plan should clearly identify what the goals will be and the proposed time limit for CYPS involvement, which should be no more than three months.

A support response can include case conferencing to help the family and support services to lead and decide on an appropriate plan. Further information is provided in our Child Protection Report procedure. Also see section ‘Case management – Case conferencing’ below.

Appraisal

If your CCR/CPR risk assessments recommend an appraisal, there are additional factors you need to consider to ensure everyone can meaningfully engage with the process.

Your appraisal must be conducted in line with our Appraisal procedure and CYPS Risk Assessment Framework available from our Knowledge Portal, but you must also consider if reasonable adjustments may be needed. For example, a parent or child with disability may need information to be provided to them in a different form so they can understand it, or they may want to have a support person or advocate with them. See section ‘Reasonable adjustments’ above.

Information may also need to be sought from a relevant professional about the particular disability, for example a paediatrician, Maternal and Child Health nurse or teacher. It is important you gain an understanding of how the disability may present and how it may impact on parenting. You must consider this information in the context of the current situation and ensure you make no assumptions.

Practice tip: People with disability are a diverse group and no assumptions are to be made about their capacity. Supportive factors and strengths are to be considered on a case-by-case basis when gathering a holistic assessment.

Depending on if it is the child or parent who has a disability, you should also consider the following information as part of your appraisal planning.

Considerations: Child with disability

Remember, children with disability are at greater risk of experiencing vulnerabilities compared to their peers (see section ‘Impacts of disability – Children’ above). When conducting an appraisal, consider if the child may have:

difficulty communicating or understanding

increased dependency on parents to perform day-to-day activities

increased behavioural issues

difficulty disclosing information and making decisions

reduced levels of social connectedness

dependence on multiple carers throughout the day

difficulty understanding risk and maintaining personal safety


increased exposure to the use of restrictive practices (see section ‘Restrictive practice and Positive Behaviour Support Plans’ below)

increased exposure to family violence.

Considerations: Parent with disability

Where a parent has a disability, a holistic approach must be taken to the appraisal. This is because parenting and disability can be a changing state influenced by many factors, including:

the child’s changing developmental needs

available resources and supports (including disability specific supports and/or an NDIS plan)

socioeconomic factors

the child’s health, behaviour and support needs

the parent’s health, behaviour and support needs

the family’s ongoing care and support environment

learning or communication needs for the parent or child.

It is also important to acknowledge, the presence of a disability does not mean a person has parenting limitations. When interacting with a parent with disability to assess their parenting capacity, it is important you:

communicate clearly and ensure the parent understands what is happening (see section ‘Practice principles – Communication’ above)

ensure the parent has opportunities to express their own views – consider reasonable adjustments that may be required (see section ‘Reasonable adjustments’ above)

recognise parenting is a learnt skill and the parent may be able to provide adequate care with the assistance of appropriate support

apply a strengths-based, child-safe approach

consider the child’s care network, including strengths and supports available to the parent and child

consider the parent-child attachment in terms of the parent’s disability – for example, eye contact or physical affection may not be as common where a parent has an Autism Spectrum Disorder, however this would differ from person to person. You may need to speak to a relevant professional to better understand any impacts of a disability (see section ‘Therapeutic consultations’ below)

consider the threshold of ‘willing and able’ in the context of not just the parent’s capacity but the capacity of their support network to contribute to the safety and wellbeing of the child

recognise the use of psychometric testing should not be the main, or only source, of assessment – such tests are not designed to evaluate parenting competence

consider if any supports currently available are meeting the needs of the family.

Our standard in practice: Critical reflection and supervision

Retain an open and questioning mindset when working with families and use curiosity to explore what is happening for the child, being mindful not to jump to conclusions.


Case conferencing

Case conferencing is an effective practice tool that can support an appraisal process and assist you in gathering and sharing information to make an informed decision about a child’s risk and their family situation.

Case conferencing can be used throughout CYPS involvement with a family from assessment to case management and provides an opportunity to:

engage professionals, education and support services in participating in an integrated multi-agency response with the family

connect the child and family with appropriate early intervention community support and services

provide a space for family-led decision-making to assist in delivering or contributing to support plans – for example, support response plans, Case Plans, Care Plans

declare a Care Team to assist information sharing if appropriate

engage an advocate or support person to inform plans

encourage supported decision-making when necessary.

If you use case conferencing as part of your appraisal process, you must determine if reasonable adjustments are needed for the child or parent with disability to meaningfully engage in the case conferencing process. See section ‘Reasonable adjustments’ above.

Interviewing a child with disability

All children, including those with disability, must be interviewed as part of an appraisal process (see our Interviewing children practice guide on our Knowledge Portal for tips). Interviewing a child with disability requires the same skills as interviewing any child, there is just some additional planning to help set the interview up for success.

This should include speaking with key people in the child’s life (not the person of the alleged abuse or neglect) to find out the best ways to communicate with the child and if any reasonable adjustments are needed to ensure the child’s views are heard. This might be from a parent, teacher, childcare educator or therapist.

It is also important you allow additional time to build rapport with the child, possibly over several sessions. This will also help you gain a better understanding of the child’s baseline ability to communicate and reveal how clearly the child understands and can answer questions you put to them.

Specifically, when preparing for and conducting an interview with a child with disability, you are to:

consider variations between chronological and developmental age

consider limitations on attention span and offer regular breaks

plan your questions so they are clear and use language consistent with the child’s developmental functioning, (see section ‘Practice principles – Communication’ above and seek advice from a person familiar with the child’s communication if necessary)

choose an environment that is comfortable and allow time for the child to adjust to the environment

allow additional time for rapport building

ask the child if they would like an advocate or support person to be present, such as a teacher


ensure the child has a clear understanding of who you are and why you are meeting with them – for example, ‘Hi. My name is … and my job is to talk to children to make sure they are safe’

allow time for the child to answer questions and allow periods of silence

give the child permission to tell you if they don’t understand

acknowledge and accept the child’s perceptions and understanding of events

ask the child what they call certain body parts to avoid any confusion (where physical abuse is alleged)

summarise or repeat back to the child the information they give you to fact check and eliminate misunderstandings where possible

provide opportunities for the child to ask questions

let the child know what is likely to happen next.

At the end of the interview, ensure the child is feeling okay before they return to their usual activities (home, school, childcare).

Interviewing a parent with disability

It is important to plan for an interview with a parent with disability to ensure they can fully engage with the appraisal process. This includes determining if any reasonable adjustments are needed (see section ‘Reasonable adjustments’ above) and ensuring you have built in extra time to build rapport – it is likely a parent may feel stressed or worried about the interview and this may have an impact on their ability to process information and communicate. General tips are provided in our Interviewing parents and carers practice guide available from our Knowledge Portal.

Specifically, when preparing for and conducting an interview with a parent with disability, you are to:

ask the parent if they would like an advocate or support person to be present during the interview – this is their right

ask the parent where they would like to meet – choose a quiet location with minimal background noise and distractions

ask the parent: ‘Is there a way I can support you that would work best for you?' – the goal is to identify any adjustment needs whether they be physical, environmental or communication related (see sections ‘Reasonable adjustments’ and ‘Communication adjustments’ above)

contact an advocacy agency for advice on how best to communicate with the parent to ensure their understanding – you can do this with the parent’s consent or in a de-identified manner

allow additional time for the interview to listen, explore the issues and ensure the parent has a clear understanding of the reason for CYPS involvement and what is expected of them – extra time may not be needed, but it is essential to plan for it regardless

plan your questions so they are clear and communicate using simple language – break questions and directions into individual steps or ideas (see section ‘Practice principles – Communication’ above)

consider limitations to attention span, and offer regular breaks

talk directly to the parent, even when an advocate or support person is present

use visual cues and pictures where possible and appropriate – family safety circles and ecomaps can be helpful when thinking about the parent’s support networks


give the parent time to take on board what you are saying and regularly check to see if they understand

give the parent permission to tell you if they don’t understand

don’t pretend to understand what a parent has said – it is okay to say, ‘I am sorry, I did not understand that’

be patient when talking to a person who has difficulty speaking – listen attentively and wait for them to finish

summarise or repeat back to the parent the information they give you to fact check and eliminate misunderstandings

provide opportunities for the parent to ask questions

reinforce important messages

let the parent know what is likely to happen next.

Substantiation and CYPS involvement

An allegation of abuse or neglect must be substantiated when through your appraisal you have reason to believe or suspect a child has been, is being or is at significant risk of being abused or neglected. Following substantiation, you are to make a professional assessment of parenting capacity and whether the child has a parent who is both willing and able to protect them from future risk. Where there is not, CYPS involvement must continue with a focus on family preservation (see section ‘Family preservation’ below).

If your assessment does not result in substantiation, it is still possible for CYPS involvement with a family to continue if appropriate, including without a Care and Protection Order. This might be because insufficient information was available to make a decision, or your assessment identified early signs of risk for the child. Involvement could include, but is not limited to:

case conferencing

referral to support services

safety planning

family preservation response (see below).

Ongoing involvement can help strengthen parenting capacity and mitigate potential risk factors. Ongoing CYPS involvement is particularly appropriate when there is a history of CCRs.

Our standard in practice: Child and youth-centred practice

Recognise early intervention is better for children and families and ensure linkage to services and supports as early as possible.

Family preservation

When disability is present in a family, there may be circumstances where a parent may be willing but not able to care for and protect their child due to the increased demands of caring for a child with high needs, or because of the constraints of their own disability. In such circumstances, and regardless of whether your appraisal has substantiated abuse, neglect or family violence, a family preservation response allows you to continue CYPS involvement to actively support the parent and family to keep their child safe at home.


Family preservation allows you to discuss concerns with the parent that have been identified through your appraisal, and to collaborate on a way forward that will reduce risk in the home. This approach is particularly beneficial when working with a family with disability as it enables you and the family to:

work together to better understand the safety concerns identify what needs to change identify actions and supports to address the concerns

develop a family-led approach to decision-making.

Further, a family preservation response allows you to:

monitor over time, the effect of a Safety Plan (where one is developed)

coordinate with the NDIS to improve service provision to the family and monitor the benefits of increased support over time

partner with a parent to address the child protection concerns identified

ensure active referral to appropriate support programs

keep the child at home with their parent/s

facilitate family-led decision-making through development of an agreed Case Plan or Care Plan that includes all relevant family members and support networks

empower parent/s to understand what CYPS is concerned about and what might lead to further involvement in the future if not addressed

work with family to help understand and strengthen formal and informal supports and develop support mapping.

Practice tip: Activities included in a family preservation response are based on the needs of the child and family but generally include case management, referral to support services, case conferences and/or Family Group Conferencing and safety planning. Refer to our Family Preservation procedure and Case Management Framework from our Knowledge Portal for the full range of possible activities you can include in a family preservation response.

Engaging the family: Participation

Participation is an essential part of the post-appraisal process and any ongoing CYPS involvement. True participation includes the right of families to:

access information and knowledge held by CYPS and other involved professionals

identify solutions within a supportive familial and community context

be supported to make choices and decisions that affect their family (that is to have ‘self-agency’)

It also involves providing the child and their family with the confidence and skills to effectively participate and develop a family-led and strengths-based approach.

For people with disability, participation can be made more meaningful by using:

• a support person or advocate

• interpreters (including Auslan) or other aids preferred by the person to facilitate communication

• accessible transport or meetings arranged in accessible locations

• any other reasonable adjustments preferred by the person.


Family engagement is most effective when a strengths-based approach is used. To do this, it is important that you:

identify what a child or family is doing well or what personal resources they may have – these strengths could influence the identification of appropriate services or supports

ask the child and family what they believe their strengths are

use positive language as the right words and language can be empowering

use strengths-based skills, such as encouraging the parent/s to tell their story without interruption and identifying where they have been successful in overcoming obstacles and developing problem-solving skills

develop a hopeful picture of the future and establish realistic goals

highlight strengths and supports in their care environment

explore and address structural and personal constraints

actively identify and measure change and progress

celebrate successes.

Successful engagement exists when:

communication is open and information is being exchanged

ideas are generated by the family on ways to address issues or possible programs and activities that could help

family members listen, consider suggestions and make suggestions about action

appointments are kept both by you, other staff and the family – consistent staffing is important, especially in building and maintaining relationships

family members take responsibility for following up on agreed actions

the family keeps you updated on progress and advises of changes in circumstances, including contact details and personal information.

Case management: Children with disability in careAccording to the Australian Institute of Health and Welfare, at least 12 per cent of children in out of home care in Australia in 2018-19 had a disability (AIHW, 2020a). When a child with a known disability comes into care through CYPS, you are to follow our usual case management procedures as outlined in our Case Management Framework available from our Knowledge Portal and consider any additional needs the child may have.

Practice tip: Throughout your case management practices, ensure the child can meaningfully participate in relevant meetings and planning processes in a developmentally-appropriate way. This may require reasonable adjustments and a support person or advocate (remember access to these are a child’s right).


Appreciate the potential for change a professional relationship can influence by building trust to explore sensitive areas, acknowledge difficulties and work in partnership with families.


The following information is specific to children with disability living in care, however it should also guide your practice when it is the parent with disability not the child and the child is in care. This is because the parent’s disability would likely still create unique impacts for the child and your case management.

Understanding needs

To provide effective case management, it is important you develop a good understanding of a child’s needs. This includes gathering information from multiple sources and collaborating with our CYPS Therapeutic Assessment team to have a therapeutic assessment completed and to seek their advice when there are concerns or uncertainties about the child.

Gathering information

When gathering information you are to:

review information from the CCR/CPR appraisal process

gather information about the disability and how it affects the child, this may be from parents, school, doctors, the child or others involved with the child

identify all existing relevant assessments of the child, including medical assessments to help inform the child’s care needs

identify any medical, development or health needs, (such as medication, equipment, communication aid, therapies) the child already has in place or would best support the child

identify any additional support or communication adjustment required by the child in their day to day life, including any lifestyle requirements such as sleep, diet or exercise that might help the child

consider including relevant external supports or professionals working with the child in the child’s Care Team to support ongoing information gathering and sharing, for example a teacher, social worker, therapist.

This information is to be added to the child’s Case Plan.

Practice tip: Ensure you communicate any information about the child’s care needs to their carer so they can best care for the child. Also encourage the carer to read the ‘Caring for a child with a disability or chronic illness’ section of their Carer Handbook (page 51) so they are aware of the supports available to assist them in their caring role.

Therapeutic assessments

Therapeutic assessments are an important tool in developing an understanding of a child’s disability and can provide valuable insight to inform your plans. Assessments are coordinated by the CYPS Therapeutic Assessment team. The therapeutic assessment process will:

review the child’s history of abuse and neglect, and the impact it has had on them

identify early relevant therapeutic needs specific to the child

recommend strategies to appropriately address the child’s needs

assist you and the child’s Care Team to understand the impact trauma has had on the child and to establish a healing and therapeutic care environment for the child

assess the impact of the child’s disability

suggest referrals and recommendations specific to the child’s disability.


A Therapeutic Assessment Report will be prepared by a therapeutic assessor who will also arrange a Care Team meeting to discuss the report, help prioritise goals for the child and recommend supports for their identified needs.

Therapeutic consultations

Therapeutic consultations with the CYPS Therapeutic Assessment team are available throughout a child’s time in care and can help if there are concerns or uncertainties about a child with disability. For example, if:

you or a carer notices challenging or concerning behaviours in the child

there are concerns about the child’s development

you would like advice about a disability or diagnosis

you require tips on creating a therapeutic care environment to support the child’s needs.

See section ‘Concerns about a child’s development, disability, health or behaviour’ below for the team’s contact details.

Case conferencing

Case conferencing is an effective practice tool that can support you to provide family-led, holistic and informed case management.

Case conferencing can be used throughout CYPS involvement with a family, from assessment to case management, and provides an opportunity to:

engage professionals, education and support services in participating in an integrated multi-agency response with the family

connect the child and family with appropriate early intervention community support and services

provide a space for family-led decision-making to assist in delivering or contributing to plans – for example support response plans, Case Plans, Care Plans

declare a Care Team to assist information sharing if appropriate

engage an advocate or support person to inform plans

encourage supported decision-making when necessary.

If you use must determine if any reasonable adjustments are needed for the child to meaningfully engage in the process. See section ‘Reasonable adjustments’ above).

Care Plans

All children subject to a Care and Protection Order need to have a Care Plan outlining how their protection or care needs will be met. In developing a Care Plan for a child with disability, you are to follow our usual Care Plan procedure and consider if additional needs are to be included to support the child’s everyday life. Such as:

specific learning needs – these must be described and developed within an education plan

physical supports to enable the child to access everyday activities, for example, a walking aid


inclusion of an advocate and/or professional with an understanding of the child’s disability in the child’s Care Team.

behavioural safety strategies to be included in the child’s Safety Plan or Case Plan

communication needs or other reasonable adjustments to ensure the child can fully engage in the Care Plan process and that their views are able to be communicated

regular review and monitoring of the child’s specific needs, supports and developmental stage

engagement with the NDIS and regular notification of any changes to the child’s NDIS plan

recognition of the additional demand of caring for a child with disability and how the child’s carer will be encouraged to access supports and services to support them in their caring role.

Any specific needs identified are to be recorded in the child’s Care Plan.

Restrictive practice and Positive Behaviour Support Plans

You have a role in identifying and reporting the use of restrictive practices. The Senior Practitioner Act 2018 provides the legal framework to reduce and eliminate restrictive practices by service providers (such as, disability care and out of home care) as a means of responding to a person’s behaviour. This legislation aims to enable vulnerable people in the ACT, including people with disability, to achieve quality of life free of unnecessary and unreasonable interventions that limit their human rights.

A restrictive practice is a method to restrict a person’s movement with the primary purpose of protecting them or others from harm. It includes:

chemical restraint

environmental restraint

mechanical restraint

physical restraint

seclusion

verbal directions or gestural conduct of a coercive nature.

Restrictive practice does not include reasonable action taken to monitor and protect a child from harm. For example:

holding a child’s hand while crossing a road

fencing around a primary school.

The use of restrictive practices may be considered necessary in situations where a child has extreme behaviours that put their safety at risk or the safety of those around them. For CYPS, restrictive practice applies to children in the care of the Director-General living in out of home care or residential care. For children in care living with a kinship or foster carer, consultation with the Senior Practitioner should occur if restrictive practices are being used.

Important: The Senior Practitioner Act 2018 only allows restrictive practices to be used in very limited circumstances, as a last resort and in the least restrictive way for the shortest period possible to keep a person or others from being hurt.


If restrictive practice is being used, a Positive Behaviour Support Plan must be in place. If you become aware of restrictive practice being used with a child, you have a responsibility to confirm an approved plan for that child is in place.

A Positive Behaviour Support Plan describes the strategies to be used to support the child and encourage behavioural change. It aims to build on the child’s strengths and increase their life skills, and reduce the intensity, frequency and duration of their behaviour that causes harm to themselves or others.

For children involved with the NDIS, their plan should be funded and developed as part of their NDIS plan by a NDIA-approved provider. For all other children, you are to work with our CYPS Therapeutic Assessment team.

In developing this plan, you must also consult with relevant professionals about:

the type of restrictive practice used

how it is being used

why it is necessary

what behavioural methods are being used to reduce or eliminate the use of the restrictive practice in the future.

All supporting documentation from your consultations (for example, reports from therapists, doctors or psychologists, plus risk assessments, photographs of equipment and so on) must be included as part of your application to have the plan approved. All plans must be submitted to the Central Panel of the Senior Practitioners Office for approval. The Central Panel acts as a decision-making body and will decide if the restrictive practice can be used with the child as outlined in their specific plan.

Practice tip / Important: If you see or are told restrictive practice is being used without an approved Positive Behaviour Support Plan, or in a way inconsistent with an approved plan, you must report this to your team leader and our CYPS Compliance Manager. More information about restrictive practice and plans is available from the ACT Senior Practitioner website.


Ensure practice is child and youth-centred and family-focused within a statutory system that upholds the principles of social justice, human rights and professional integrity.

Contact

Contact is to be designed to build on the strengths of family members involved and ensure a positive experience for the child. It is important you ensure everyone involved is well-informed of the arrangements agreed to.

Contact options for a child with disability are the same as for any child and may include:

face-to-face visits – these may be supported by yourself, a carer or an external support person or agency

phone and digital contact such as emails, video calls, text messages

Once contact arrangements have been agreed to, you must prepare the child for the contact. This may involve:


providing the dates, location and transport information in a format they can understand – for example, easy English, large letters, voice recording

providing contact arrangements in a way that is natural to the child and their family – such as in a park or home rather than an interview room (where the level of risk allows)

clearly articulating what is expected of everyone involved, what will be supervised and why, and who will be present

advising the parent/s how to create positive engagement with their child and, where appropriate, what behaviours are considered appropriate for their child’s developmental stage

ensuring everyone involved is aware of any reasonable adjustments needed for the child to participate in the contact

ensuring the location and the length of contact are appropriate to the child’s needs

supporting the child with a debrief before and/or after the contact.

Supported decision-making

It is important to keep in mind everyone has the right to make decisions that affect their lives, and we all use support to help us make decisions – this might include reading information, talking to people or asking questions. Some young people with disability may need additional support to effectively participate in decision-making.

People of any age often need support with decision-making when they are unwell, their memory has been affected or the information available to them is not understood. When it appears a young person you are working with may need help with decision-making, you are to consider what supports could help them.

It is possible for you to provide this support by using a supported decision-making tool to guide you through the process (more guidance is below). You can also make a referral to a family support or advocacy agency, such as ADACUS or Advocacy for Inclusion, to provide this support (see section ‘Disability support agencies and programs’ below for contact details). These agencies are also valuable sources of information for you and can help you to support others in their decision-making.

Tips

When working with a young person with disability in the supported decision-making process, you are to:

Talk to the young person about how they would like to be supported.

Ask yourself: What is your role in their decision-making? Are you the right person to be supporting them in this decision? Could you work with their carer or another trusted person through the supported decision-making process? Should an advocate be asked to support the process?

Talk to the young person about what is important to them about the decision. Ask them: ‘What is your ideal outcome?’ ‘What does your best life look like?’ This is a good way to support them to imagine more options and think about how the options fit in with their financial, health and safety needs.

Check in regularly to make sure the young person feels in control of the process.

Only give as much support as is needed for the young person to make their decision.

If you have a vested interest in a decision, you must be aware of how that may affect the support you offer and determine if someone else should support the young person instead. (ADACAS, n.d.)


Be aware, for young people who need support to make decisions and who have had little experience in making big decisions, this can be a difficult experience for them. Sometimes decisions can be broken down into smaller decisions, which may make it easier. When supporting a young person in their decision-making, ask yourself:

What is the decision?

Can the decision be broken into smaller parts?

Does the whole decision have to be made now?

What are the options?

Did the young person come up with the option?

Ask the young person:

What is the most important part of the decision to you?

Have you made a decision like this before?

What supports did you use then?

Do the options fit with your goals or values?

Can you think of any more options you would like?

Mitigating risks

All decisions have outcomes and there is a risk of negative consequences for a young person’s health and/or safety as a result of making a decision. Everyone has the right to make decisions and everyone has the right to take risks – we all learn from our mistakes and successes. In supported decision-making, it is important to help the young person manage risk so it is less likely to happen or the impact is reduced.

To identify and mitigate risk ask the young person:

What can we do to stop the bad thing from happening?

What would you do if the bad thing happens?

How long do you think it could last?

What can we do to fix it if it happens?

Do you want this option enough even though the bad thing might happen?

Practice tip: See section ‘Disability support agencies and programs’ below for information on ADACAS and Advocacy for Inclusion who can help with supported decision-making.

Also, remember these tips can also be used to help a parent with disability who needs help with decision-making.

Transition and decision-making capacity: Guardianship and Management Orders

Transition is a critical time for all young people and requires them to make many decisions. It is important you be aware of a young person’s decision-making capacity as part of their transition planning – this is especially important for young people with disability.

Decision-making capacity is the ability to make decisions for oneself. A young person has capacity when they can go through the process of making their own decisions by:


understanding the information and choices presented

weighing up the information and choices presented

communicating their decision.

When a young person with disability does not understand the nature of what they are doing, or the consequences of their decisions, they are said to have impaired decision-making capacity. This may be caused by either a physical, mental, intellectual or psychological condition, and regardless of if their condition is a diagnosable illness.

The Guardianship and Management of Property Act 1991 provides for all people with impaired decision-making capacity. As part of a young person with disability’s transition, you are to consider the appropriateness of a Guardianship and/or Management Order.

What is guardianship?

Guardianship is a legal status given to an adult allowing them to make certain decisions on behalf of a person who has impaired decision-making capacity (known as a ‘protected person’). This status is given through a Guardianship Order made by the ACT Civil and Administrative Tribunal (ACAT).

Guardianship Orders differ from parental responsibility provisions under Care and Protection Orders in their scope. A guardian can only act in accordance with the Guardianship Order, which may be limited to certain types of decisions – for example, where the protected person should live, what medical interventions they should have, what training or education they should receive, whether to bring legal proceedings, or if the person is allowed to work. A guardian can only make financial decisions if ACAT has also made a Management Order for the protected person and appointed the guardian as the manager.

A guardian is typically someone close to the protected person – a family member or friend they already trust. If there are no suitable people in the protected person’s life, the Public Advocate may be appointed as their guardian, and the Public Trustee their manager.

ACAT will only make a Guardianship or Management Order when the protected person:

is living with a condition that significantly impairs their decision-making ability in relation to their lifestyle, health or welfare, a financial matter or a property matter, and

there is, or is likely to be, a need for a decision in relation to the matter, or

the person is likely to do something in relation to the matter that involves, or is likely to involve, unreasonable risk to their health, welfare or property, and

if a guardian is not appointed

the person’s needs will not be met, or

the person’s interests will be significantly and adversely affected.

Practice tip / Important: A Guardianship Order only has effect once a person is 18 years old. However, CYPS policy requires you to lodge guardianship and management applications six months prior to a young person turning 18 and their transition from care. This is to ensure appropriate planning can happen with the recommended guardian and that the order is in effect the day the young person becomes an adult and leaves care. See our Guardianship and Management Order Planning procedure for more information.

Youth justice


Young people encountering the youth justice system may have diagnosed or undiagnosed disability and may need additional support to navigate and understand what is happening. Reasonable adjustments must be considered to overcome any barriers that come up throughout the judicial process (see section ‘Reasonable adjustments’ above).

Early identification of disability is important in any judicial process to ensure a young person receives the help they need to effectively understand and participate. This includes you asking the young person specific questions to determine any impact of disability on their function and perception – communication adjustments may be needed to ensure the young person understands the questions you are asking and the information provided to them. It will also be critical to advise court officials early of a young person’s disability to appropriately influence sentencing.

Orders and reasonable directions

When working with a young person with disability on a youth justice order, you are to provide CYPS information in plain language and easy English formats (where available) to support the young person’s understanding and to guide your interactions with them. These documents use simple language and definitions to key words you should use whenever speaking with the young person to help them become familiar with them.

Where information is not available in plain language or easy English, you must continue to use good practice when communicating with them. See section ‘Practice principles – Communication’ above.

When explaining and writing reasonable directions with a young person with disability, you must:

use the Reasonable directions information sheets (plain language/easy English) available on our Knowledge Portal – provide these to the young person and go through them with the young person

ask the young person if they would like an advocate or support person with them

use simple, clear and consistent language

explain what reasonable direction means

ensure the reasonable directions fit with the rules of the young person’s order

explain reasonable directions are written on a document called a Contract of Reasonable Directions

provide the young person a copy of their contract

explain what the young person must do

explain what happens if they don’t follow the reasonable direction or bail order (breach)

check the young person’s understanding – if the young person doesn’t understand or is worried about making a mistake, seek advice from the advocate or support person (if present) on how to better communicate, and encourage the young person to get legal advice if needed (Legal Aid’s Youth Law Centre provides free advice to young people aged 12-25 years old)

ask the young person to sign the contract – explain that signing the contract means they agree they have been told what the reasonable directions are and understand what they need to do. Explain if they don’t sign, the reasonable directions still apply

explain new reasonable directions will be given after each time the young person goes to court or when something changes in their life


encourage the young person to contact you if they need help and provide your contact details including CYPS After Hours and Crisis and Bail Service details – highlight this information on their information sheets.

Case Plans

When developing a youth justice Case Plan for a young person with disability, you are to follow our Case Plans for Youth Justice Clients practice guideline available on our Knowledge Portal and consider these additional factors:

any assessment previously completed through CYPS involvement, including behavioural plans, therapeutic assessments, Safety Plans or Care Plans

any areas of increased risk that may affect the young person due to their disability

any medical or medication needs

the inclusion of disability-specific services, professionals or advocates in the development process

identification of reasonable adjustments to allow the young person to effectively engage in the youth justice process – ensure any services or professionals working with the young person are also aware of these adjustment needs

use of an interpreter or advocate if you believe the young person needs support to meaningfully communicate

identification of reasonable adjustments such as access to supports, aids or program changes to enable a young person while in custody to meet their basic human needs and effectively participate in processes and programs – for example, some young people may need more time to complete the Changing Habits and Reaching Targets (CHART) program when in Bimberi.

All information related to the above considerations is to be documented in the young person’s Case Plan.


Ensure children and young people who offend are treated in a way that considers the youth justice principles (s94), in deciding what is in their best interests.

Support servicesEngaging support services and health professionals are important for ensuring families living with disability receive the help they need. Their expertise also helps you to deliver more comprehensive, thorough and holistic assessments, plans, interventions and decision-making. It is important to reach out to support services and health professionals where needed.

Our standard in practice: Collaboration

Promote high standards of collaboration, information sharing and communication with all those involved with families to ensure a holistic statutory service response that values the knowledge base and perspectives of all.

Work to develop interagency collaboration to assist and connect children and young people to services and programs and to implement solutions and effectively resolve issues.


Concerns about a child’s development, disability, health or behaviour

If at any time during your involvement with a child you have concerns about their development, disability, health or behaviour, you are to follow-up with the right professionals to better understand the child’s situation. The following information outlines key professionals who can provide advice and assessment regarding concerns.

CARHU (Child at Risk Health Unit)

General appointments to assess and provide advice.

Phone: (02) 5124 2714

Child Development Service

Assess and refer children aged 0-6 years where there are developmental concerns including physical, social and language development.

Website: www.communityservices.act.gov.au/Childdevelopmentservice Email: [email protected] Phone: 6205 1277

General Practitioner (GP)

General appointments to assess and provide advice.

A GP with a history of working with the child should be consulted first to provide insight on the child’s long-term development and any concerns regarding diagnosed or undiagnosed disability.

If the family does not have a regular GP, seek a GP with experience in disability.

Request contact details from the family, or discuss options with the family to select a GP.

Specialist

Specialised assessments and advice.

If the child has an existing specialist, contact them first. If no specialist is already working with the child, contact one with expertise in the disability of concern – you will usually need a referral from a GP or CARHU.

Request contact details from the family, or discuss options with the family to select a specialist.

CYPS Therapeutic Assessment Team

Therapeutic assessments and consultations of children in care to provide information, support and recommendations about any developmental, behavioural or comprehension concerns, or any diagnosed or undiagnosed disability.

Email: [email protected]

Child and Family Centres

Advice and information on general developmental concerns including emotional, behavioural and medical.


mailto:[email protected]


http://www.communityservices.act.gov.au/Childdevelopmentservice

Assistance in behaviour management support and parenting support.

Website: www.communityservices.act.gov.au/Childdevelopmentservice

Gungahlin51 Ernest Cavanagh St, GungahlinPhone: 6207 0120

Tuggeranong159 Anketell St, GreenwayPhone: 6207 8228

West Belconnen 6 Luke St, HoltPhone: 6205 2904

Practice tip / Important: Any recommendations provided by a health professional are to be discussed at the child’s Care Team meeting and included in their Care Plan. Ensure all information about a child’s health and disability needs is recorded on CYRIS.

Support referrals

When considering the suitability of support services to address identified reasonable adjustments, you must, with input and consent from the parent:

reflect on how long a support service is required? Is a short-term solution possible? Will services need to be long-term due to the nature and effects of the disability?

call the service to determine if they have the capacity to provide the support

inform the service of the reasonable adjustments the child or parent will need to effectively engage with the service – for example, easy English information, longer time frames for comprehension, providing the service in the family home

ensure the parent or carer understands how they can contact and arrange support with the service

encourage the parent or carer to access the suggested support service by providing information about it in a way they can understand and that explains what they may expect from the service

follow-up with the parent or carer on the referral to encourage their engagement – communicate in a way they prefer and can understand, for example a phone call, plain language or easy English letter

when children are in care or on long-term orders, regularly engage with the child or carer to assess the progress and ongoing viability of the service

document the services referred to the family and record any further reasonable adjustments or requirements requested by the services.

Practice tip / Important: Any reasonable adjustments identified during the intake or appraisal process must be considered if CYPS involvement is to continue with a family – whether that is a support response, family preservation or out of home care.

Disability support agencies and programs


http://www.communityservices.act.gov.au/Childdevelopmentservice

Below are services and programs that can provide support to families living with disability. These services can also advice you and inform your risk assessments and decision-making.

ADACAS (ACT Disability Aged Carer Advocacy Service)

ADACAS is a non-government human rights organisation providing free advocacy and information to people with disability or experiencing mental ill health, older people and their carers. ADACAS also provides information, tools and support for supported decision-making.

Website: www.adacas.org.au and support-my-decision.org.au

Email: [email protected] and [email protected]

Phone: 6242 5060

Advocacy for Inclusion

Advocacy for Inclusion (AFI) represents Canberra’s most marginalised and isolated people with disability, including people with cognitive disability or significant communication barriers. AFI supports the voice of people with disabilities, their rights, will and preferences at the individual and systemic advocacy levels. AFI also assists supported decision-making and delivers disability awareness and inclusion training to the wider community.

Website: www.advocacyforinclusion.org


Phone: 6257 4005

Auslan Services

Auslan Services is a nationally recognised provider of Auslan interpreters. Auslan is the sign language of the deaf and non-vocal community in Australia. (Note: Not all hearing impaired and non-verbal people are fluent in Auslan. Confirm use with a family before arranging an interpreter.)

Website: www.auslanservices.com


Phone: 1300 287 526

Community Options

Support and help in coordinating services for CALD people with disability in the ACT.

Website: www.communityoptions.com.au


Phone: 6295 8800

DeafACT



http://www.communityoptions.com.au/


http://www.auslanservices.com/


http://www.advocacyforinclusion.org/



https://support-my-decision.org.au/

http://www.adacas.org.au/

DeafACT (Deaf Advocacy, Sports & Recreation ACT) supports people who are deaf or hard of hearing. They provide advocacy services, sports and recreation activities, carers and recognition and acceptance of methods of communication preferred by people who are deaf or hard of hearing.

Website: deafact.org.au


IMPACT program

The IMPACT Program is a coordination service for pregnant women, their partners and their young children (less than two years of age) who are clients of Mental Health ACT and/or are receiving opioid replacement therapy and require assistance to manage their involvement with multiple services.

Website: www.health.act.gov.au/services-and-programs/women-youth-and-children/impact

Phone: 1800 211 274

Integrated Service Response Program

The Integrated Service Response Program works in conjunction with the NDIS to resolve crises and highly complex situations for people with intensive support needs. The program provides short-term coordination of mainstream services and emergency funding when a person’s wellbeing and stability in the community is threatened by crises, complexity, the changing nature of their support needs or community safety concerns, and their needs cannot be immediately met through their NDIS plan. The program is delivered through the Community Services Directorate’s Office for Disability.

Website: www.communityservices.act.gov.au/disability_act/integrated-service-response-program


Phone: 6207 1086

National Disability Insurance Scheme

The National Disability Insurance Scheme (NDIS) is for all Australians under the age of 65 who have a permanent disability or significant impairment affecting participation in everyday activities. The NDIS is operated by the National Disability Insurance Agency (NDIA).

Website: www.ndis.gov.au

Phone: 1800 800 110

Newpin Program

Newpin (New Parent and Infant Network) is an intensive child protection and parent education program that works therapeutically with families under stress to break the cycle of destructive family behaviour and enhance parent-child relationships.


Phone: (02) 9268 3870

Vision Australia



https://www.ndis.gov.au/


http://www.communityservices.act.gov.au/disability_act/integrated-service-response-program

http://www.health.act.gov.au/services-and-programs/women-youth-and-children/impact


https://deafact.org.au/

Vision Australia is a national provider of blindness and low vision services and helps people adjust to vision loss, learn new skills and continue to do activities they choose in their life. They also provide advocacy services and can support CYPS staff to act as an advocate and assist in communication.

Website: www.visionaustralia.org


Phone: 1300 847466



http://www.visionaustralia.org/

Key messagesWhether you are receiving information at intake, conducting an assessment or working with a child and their family, it is important to keep the following key messages in mind as they will help you to effectively engage and support families with disability.

Many people will have a disability at some stage in their lives. For some, the disability will be temporary. Others may be affected for a lifetime.

Understand disability exists on a spectrum and each person experiences disability in a unique way requiring different practice approaches and supports specific to their needs.

Children with disability are at increased risk of experiencing vulnerability and are over-represented in both child protection and youth justice systems.

Recognise the increased pressures on families with disability and take the time to empathise and try to understand their individual circumstances.

Do not make assumptions about what type of disability a person may have, their abilities or capacity, or what their experience of living with disability is.

Disability can be perceived and addressed differently across cultures. Use curiosity to learn from each family to better understand their lived experience, strengths and sensitivities.

Ask parents and children if they want a support person and/or advocate to support them and help connect them to an advocacy service if one is not yet involved.

Reasonable adjustments must be considered to protect a person with disability’s rights and ensure they can meaningfully participate and express their views.

Focus on building rapport to help children and families with disability feel safe to tell their story – this cannot be rushed.

Caring for a child with disability can be challenging. Assessments must distinguish between abuse and neglect, and a parent’s struggle to cope with their child’s complex needs. Clear evidence of your decision-making process must be recorded throughout your practice.

The presence of a disability does not determine the quality of a parent’s capacity to care for their child. It may, however, inform the support needs of the parent to care for their child.

Don’t underestimate the impact adequate support within the family home may have on increasing a family’s ability to effectively care for their child.

Use disability support services to inform your practice and to provide support to families.

Work with families and support services to avoid or reduce the use of restrictive practices – a Positive Behaviour Support Plan must be in place if used.

Guardianship orders must be considered as part of a young person with disability’s transition from care – applications must be submitted six months prior to transition.

Like any child, a child with disability deserves to grow up safe and to be cared for in an appropriate, caring and respectful way that addresses their needs and supports them to reach their potential.



ReferencesAbSec (n.d). Supporting Aboriginal people with disability. Accessed from https://www.absec.org.au/supporting-aboriginal-people-with-disability.html

ACT Government (2019). Towards Disability Justice for the ACT – Summary of Research and Consultations. Accessed November 2020 from https://www.communityservices.act.gov.au/disability_act/towards-disability-justice-in-the-act

ADACAS (n.d.). What is Supported Decision Making. Accessed November 2020 from https://support-my-decision.org.au/supported-decision-making-2-2-2

Advocacy for Inclusion (2016). Simple language guide [Handout]. Canberra: Advocacy for Inclusion.

Australian Bureau of Statistics (2019). Disability, Ageing and Carers, Australia: Summary of Findings, 2018. Accessed December 2020 from https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/2018. (ABS, 2019)

Australian Bureau of Statistics (2015). Disability, Ageing and Carers, Australia: Summary of Findings, 2015. Accessed December 2020 from https://www.abs.gov.au/ausstats/[email protected]/Previousproducts/4430.0Main%20Features802015?opendocument&tabname=Summary&prodno=4430.0&issue=2015&num=&view=. (ABS, 2015)

Australian Bureau of Statistics (2009). National Aboriginal and Torres Strait Islander Social Survey, 2008. Accessed from https://www.abs.gov.au/AUSSTATS/[email protected]/Lookup/4714.0Main+Features12008

Australian Bureau of Statistics (2000). Family Formation: Children with Parents with a Disability, 2000. Accessed from http://www.abs.gov.au/AUSSTATS/[email protected]/2f762f95845417aeca25706c00834efa/91df042707be0b9dca2570ec000e2819!OpenDocument

Australian Human Rights Commission (2016). Indefinite Detention of People with Cognitive and Psychiatric Impairment in Australia. Accessed from https://www.humanrights.gov.au/our-work/legal/submission/indefinite-detention-people-cognitive-and-psychiatric-impairment

Australian Human Rights Commission (2014). Disability Discrimination. Accessed November 2020 from https://www.humanrights.gov.au/sites/default/files/GPGB_disability_discrimination.pdf

Australian Institute of Health and Welfare (2020). Child protection Australia 2018–19. Child welfare series no. 72. Cat. no. CWS 74. Canberra: AIHW. (AIHW, 2020a)

Australian Institute of Health and Welfare (2020). People with disability in Australia. Accessed November 2020 from https://www.aihw.gov.au/reports/disability/people-with-disability-in-australia (AIHW, 2020b)

Australian Institute of Health and Welfare (2015). The health and welfare of Australia’s Aboriginal and Torres Strait Islander peoples: 2015. Canberra: AIHW. (AIHW, 2015)

Australian Network on Disability (n.d.). What is disability? Accessed November 2020 from https://www.and.org.au/pages/what-is-a-disability.html


https://www.and.org.au/pages/what-is-a-disability.html

https://www.aihw.gov.au/reports/disability/people-with-disability-in-australia

https://www.humanrights.gov.au/sites/default/files/GPGB_disability_discrimination.pdf

https://www.humanrights.gov.au/our-work/legal/submission/indefinite-detention-people-cognitive-and-psychiatric-impairment

https://www.humanrights.gov.au/our-work/legal/submission/indefinite-detention-people-cognitive-and-psychiatric-impairment

http://www.abs.gov.au/AUSSTATS/[email protected]/2f762f95845417aeca25706c00834efa/91df042707be0b9dca2570ec000e2819!OpenDocument

http://www.abs.gov.au/AUSSTATS/[email protected]/2f762f95845417aeca25706c00834efa/91df042707be0b9dca2570ec000e2819!OpenDocument

https://www.abs.gov.au/AUSSTATS/[email protected]/Lookup/4714.0Main+Features12008

https://www.abs.gov.au/ausstats/[email protected]/Previousproducts/4430.0Main%20Features802015?opendocument&tabname=Summary&prodno=4430.0&issue=2015&num=&view=

https://www.abs.gov.au/ausstats/[email protected]/Previousproducts/4430.0Main%20Features802015?opendocument&tabname=Summary&prodno=4430.0&issue=2015&num=&view=

https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/2018

https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/2018

https://support-my-decision.org.au/supported-decision-making-2-2-2/

https://support-my-decision.org.au/supported-decision-making-2-2-2/

https://www.communityservices.act.gov.au/disability_act/towards-disability-justice-in-the-act

https://www.communityservices.act.gov.au/disability_act/towards-disability-justice-in-the-act

https://www.absec.org.au/supporting-aboriginal-people-with-disability.html

Booth, T., Booth, W. & McConnell, D. (2005). The prevalence and outcomes of care proceedings involving parents with learning difficulties in the family courts, Journal of Applied Research in Intellectual Disabilities, vol. 18(1). Accessed from https://onlinelibrary.wiley.com/doi/full/10.1111/j.1468-3148.2004.00204.x. (Booth et al, 2005)

Brook, A. (2011). Parenting under pressure: stress and the SEN parent. Accessed November 2020 from https://senmagazine.co.uk/articles/articles/senarticles/parenting-under-pressure-stress-and-the-sen-parent

Coleman, C., Man, N., Gilroy, J. & Madden, R. (2018). Aboriginal and Torres Strait Islander disability prevalence: making sense of multiple estimates and definitions, Australian and New Zealand Journal of Public Health, vol. 42(6). Accessed from https://onlinelibrary.wiley.com/doi/full/10.1111/1753-6405.12838. (Coleman et al, 2018)

Department of Social Services (2014). National Framework for Reducing and Eliminating the Use of Restrictive Practices in the Disability Service Sector. Accessed November 2020 from https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/national-framework-for-reducing-and-eliminating-the-use-of-restrictive-practices-in-the-disability-service-sector

DiGiacomo, M., Davidson, P., Abbott, P., Delaney, P., Dharmendra, T., McGrath, S., Delaney, J. & Vincent, F. (2013). Childhood disability in Aboriginal and Torres Strait Islander peoples: a literature review, International Journal for Equity in Health, vol. 12(1):7. Accessed from https://www.researchgate.net/publication/234160114_Childhood_disability_in_Aboriginal_and_Torres_Strait_Islander_peoples_A_literature_review

DiGiacomo, M., Delaney, P., Abbott, P., Davidson, P., Delaney & J., Vincent, F. (2013). ‘Doing the hard yards’: carer and provider focus group perspectives of accessing Aboriginal childhood disability services, BMC Health Services Research, vol. 13(326). Accessed November 2020 from https://bmchealthservres.biomedcentral.com/articles/10.1186/1472-6963-13-326. (DiGiacomo & Delaney et al, 2013)

Dudgeon, P., Milroy, H. & Walker, R. (Eds.) (2014). Working together: Aboriginal and Torres Strait Islander Mental Health and Wellbeing Principles and Practice. (2nd Edition ed.) Commonwealth of Australia. Accessed November 2020 from https://www.telethonkids.org.au/globalassets/media/documents/aboriginal-health/working-together-second-edition/working-together-aboriginal-and-wellbeing-2014.pdf (Dudgeon et al, 2014)

Feizi, A., Najmi, B., Salesi, A., Chorami, M. & Hoveidafar, R. (2014). Parenting stress among mothers of children with different physical, mental, and psychological problems, Journal of Research in Medical Sciences, vol. 19(2). Accessed November 2020 from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3999601. (Feizi et al, 2014)

Hindman, L. (2018). FPDN landmark report: Culture is Inclusion. First Peoples Disability Network Australia. Accessed November 2020 from https://fpdn.org.au/cultureisinclusion

Hollinsworth, D. (2013). Decolonizing Indigenous disability in Australia, Disability & Society, vol. 28(5). Accessed November 2020 from https://www.researchgate.net/publication/271669849_Decolonizing_Indigenous_disability_in_Australia

Jones, L., Bellis, M., Wood, S., Hughes, K., McCoy, E., Eckley, L., Bates, G., Mikton, C., Shakespeare, T. & Officer, A. (2012). Prevalence and risk of violence against children with disabilities: A systematic review and


https://www.researchgate.net/publication/271669849_Decolonizing_Indigenous_disability_in_Australia

https://fpdn.org.au/cultureisinclusion/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3999601/

https://www.telethonkids.org.au/globalassets/media/documents/aboriginal-health/working-together-second-edition/working-together-aboriginal-and-wellbeing-2014.pdf

https://www.telethonkids.org.au/globalassets/media/documents/aboriginal-health/working-together-second-edition/working-together-aboriginal-and-wellbeing-2014.pdf

https://bmchealthservres.biomedcentral.com/articles/10.1186/1472-6963-13-326

https://www.researchgate.net/publication/234160114_Childhood_disability_in_Aboriginal_and_Torres_Strait_Islander_peoples_A_literature_review

https://www.researchgate.net/publication/234160114_Childhood_disability_in_Aboriginal_and_Torres_Strait_Islander_peoples_A_literature_review

https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/national-framework-for-reducing-and-eliminating-the-use-of-restrictive-practices-in-the-disability-service-sector



https://onlinelibrary.wiley.com/doi/full/10.1111/1753-6405.12838

https://senmagazine.co.uk/articles/articles/senarticles/parenting-under-pressure-stress-and-the-sen-parent

https://senmagazine.co.uk/articles/articles/senarticles/parenting-under-pressure-stress-and-the-sen-parent

https://onlinelibrary.wiley.com/doi/full/10.1111/j.1468-3148.2004.00204.x

meta-analysis of observational studies, Lancet, vol.380(9845). Accessed November 2020 from https://www.ncbi.nlm.nih.gov/pubmed/22795511. (Jones et al, 2012)

Lamont, A., & Bromfield, L. (2009). Parental intellectual disability and child protection: Key issues. NCPC Issues No. 31. Australian Institute of Family Studies. Accessed November 2020 from https://aifs.gov.au/cfca/publications/parental-intellectual-disability-and-child-protection-key-i

Lester, C. & Reid, Cathy. & Australia. Department of Families, Housing, Community Services and Indigenous Affairs. (2008). The carers storybook : stories of carers of children with severe disabilities and medical conditions. Canberra: Australian Government. (Lester et al, 2008)

Llewellyn, G. & Hindmarsh, G. (2015). Parents with Intellectual Disability in a Population Context, Current developmental disorders reports, vol. 2(2). Accessed November 2020 from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4408356

Llewellyn, G., McConnell, D. & Ferronato, L. (2003). Prevalence and outcomes for parents with disabilities and their children in an Australian court sample, Child abuse & neglect, vol. 27(3). Accessed November 2020 from https://www.ncbi.nlm.nih.gov/pubmed/12654323

National Disability Insurance Scheme (2017). Aboriginal and Torres Strait Islander engagement strategy. Accessed November 2020 from https://www.ndis.gov.au/about-us/strategies/aboriginal-and-torres-strait-islander-strategy

National Disability Services (Queensland) (2013). Submission to the Child Protection Commission of Inquiry. Accessed November 2020 from http://www.childprotectioninquiry.qld.gov.au/__data/assets/pdf_file/0004/177682/National-Disability-Service-Queensland.pdf (NDS Qld, 2013)

National People with Disabilities and Carer Council (2009). SHUT OUT: The Experience of People with Disabilities and their Families in Australia. Canberra: Australian Government. Accessed November 2020 from https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/shut-out-the-experience-of-people-with-disabilities-and-their-families-in-australia?HTML. (NPDCC, 2009)

Paterson, N. (2020). Child protection and Aboriginal and Torres Strait Islander children, CFCA Resource Sheet, Child Family Community Australia, Australian Institute of Family Studies. Accessed November 2020 from https://aifs.gov.au/cfca/publications/child-protection-and-aboriginal-and-torres-strait-islander-children

Productivity Commission (2011). Disability Care and Support, Report no. 54. Canberra. Accessed November 2020 from https://www.pc.gov.au/inquiries/completed/disability-support/report/disability-support-overview-booklet.pdf

raisingchildren.net.au (2017). Parenting with physical disability. Accessed November 2020 from https://raisingchildren.net.au/grown-ups/family-diversity/parents-like-me/parenting-with-physical-disability

Robinson, S. (2012). Enabling and Protecting: Proactive approaches to addressing the abuse and neglect of children and young people with disability. (Issues paper). Clifton Hill, Victoria: Children with Disability Australia.

SNAICC (2012). Healing in Practice: Promising Practices in Healing Programs for Aboriginal and Torres Strait Islander Children and Families. Victoria: SNAICC. Accessed November 2020 from https://www.snaicc.org.au/wp-content/uploads/2015/12/02926.pdf


https://www.snaicc.org.au/wp-content/uploads/2015/12/02926.pdf

https://raisingchildren.net.au/grown-ups/family-diversity/parents-like-me/parenting-with-physical-disability

https://raisingchildren.net.au/grown-ups/family-diversity/parents-like-me/parenting-with-physical-disability

https://www.pc.gov.au/inquiries/completed/disability-support/report/disability-support-overview-booklet.pdf

https://www.pc.gov.au/inquiries/completed/disability-support/report/disability-support-overview-booklet.pdf

https://aifs.gov.au/cfca/publications/child-protection-and-aboriginal-and-torres-strait-islander-children

https://aifs.gov.au/cfca/publications/child-protection-and-aboriginal-and-torres-strait-islander-children

https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/shut-out-the-experience-of-people-with-disabilities-and-their-families-in-australia?HTML

https://www.dss.gov.au/our-responsibilities/disability-and-carers/publications-articles/policy-research/shut-out-the-experience-of-people-with-disabilities-and-their-families-in-australia?HTML

http://www.childprotectioninquiry.qld.gov.au/__data/assets/pdf_file/0004/177682/National-Disability-Service-Queensland.pdf

http://www.childprotectioninquiry.qld.gov.au/__data/assets/pdf_file/0004/177682/National-Disability-Service-Queensland.pdf

https://www.ndis.gov.au/about-us/strategies/aboriginal-and-torres-strait-islander-strategy

https://www.ndis.gov.au/about-us/strategies/aboriginal-and-torres-strait-islander-strategy

https://www.ncbi.nlm.nih.gov/pubmed/12654323

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4408356/

https://aifs.gov.au/cfca/publications/parental-intellectual-disability-and-child-protection-key-i

https://www.ncbi.nlm.nih.gov/pubmed/22795511


Documents

Working with families with disability · Web view2021. 2. 15. · This guide outlines Child and Youth Protection Services (CYPS) approach to working with children and families living