Information for non-government providers

This information is for non-government agencies who are funded to deliver services to children and young people and their families in NSW.

The Family is Culture Bill 2022 passed both houses of the NSW Parliament on 10 November 2022 and became law on 25 November 2022. The Bill creates new provisions in the Children and Young Persons (Care & Protection) Act 1998 and other legislation.

What is the role of non-government organisations?

Non-government practitioner’s role in helping the Department of Communities and Justice (DCJ) to demonstrate active efforts and other key elements of the laws to the Children’s Court is critical.

For Permanency Support Program (PSP) Providers, DCJ will rely on the work they do to show Active Efforts as well as other key elements of the legislation. This is especially the case in restoration work, complying with the Aboriginal child principle and cultural care planning. 

Other changes effect PSP Providers directly, such as the changes to NCAT and attending court with children who are subject to criminal proceedings.

Active Efforts

The law requires caseworkers to take Active Efforts with children, families and communities to:

• prevent children and young people from entering out-of-home care, or
• restore children and young people in care to their parents, or
• place the child or young person with family, kin or community if the child or young person cannot be restored to their parents.

What are ‘Active Efforts’?

'Active efforts’ are actions by practitioners to support children and families. They include:

• finding family and engaging extended family and support networks early and throughout your involvement
• using family-led decision-making to guide assessments, case planning and care and restoration decisions
• ensuring families know their legal rights and are supported to access legal advice and support earlier
• referring families to relevant services, supporting their engagement, and monitoring their progress
• finding other ways to support families when services are not available or appropriate
• DCJ using alternative options to removal including Parent Responsibility Contracts, Parent Capacity Orders, Temporary Care Arrangements and Alternative Dispute Resolution, when it is safe to do so
• timely restoration casework to support children, parents and family so children can return home safely
• developing, supporting and monitoring case plans and Family Action Plans
• regular family time where caseworkers support parents to learn parenting skills, have positive interactions with their children and help rebuild and strengthen their relationship.

Active Efforts need to be:

• timely, practicable, thorough and purposeful,
• aimed at addressing the grounds on which the child or young person is considered to be in need of care and protection,
• conducted in partnership with the child or young person and the family, kin and community
• of the child or young person, and
• culturally appropriate.

DCJ will need to document and provide evidence to the Children’s Court of the active efforts taken by caseworkers, whether that is DCJ practitioners or non-government practitioners working with the child.

Active Efforts will apply to all children and young people in NSW who receive a child protection assessment from the department, including children who are taken into care.

The Aboriginal Child Placement Principle

There are five elements of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) - Prevention, Partnership, Placement, Participation, Connection), to strongly embed the ATSICPP in practice.

The ATSICPP is a framework designed to promote policy and practice that will reduce the over- representation of Aboriginal and Torres Strait Islander children in the child protection system.

More information

More information such as factsheets and training will be shared on the PSP Learning Hub.

View the Family is Culture Bill 2022.

Further enquiries can be directed to taotransformation1@dcj.nsw.gov.au or for PSP Providers, permanency.support@dcj.nsw.gov.au