Guardianship Information

The following information pertains to parents who retain guardianship of their child while their child is in foster care.

This information was acquired from a CSO and comes directly out of a text book currently in use by the Department of Child Safety in Queensland.

Although at times the information does not have continuity, the information was given on paper which had been clearly photocopied from a book and is written here verbatim (as written in the photocopy).

Medical and Dental Procedures...

Having regard to the views of the child and family, carers can make the following decisions:

• Seek continued or other health treatments for established conditions, unless the medical practitioner is proposing a new treatment regime eg: suggesting change in a medication or changes to the treatment plan.
• Seeking routine medical attention relating to common illnesses.
• Seeking routine dental treatment where a general anaesthetic is not required (excluding placement with parental consent).
• Seeking urgent medical or dental treatment not requiring a general anaesthetic, blood transfusion or surgery.
• Resuming care of a child when they are discharged from hospital.
• Treatment involving general anaesthetics.
• Seeking medical or other health treatment for non-routine, newly presenting conditions.
• Seeking a second opinion, only a guardian can decide to act on a second medical opinion.
• Seeking medical or other health treatment for non-routine, newly presenting conditions, including diagnostic tests relevant to the presenting condition eg: x-rays that can assist the medical practitioner establish the diagnosis.

The following decisions/consents must be made/provided by the guardian:

• Immunisation.
• Blood tests.
• Decisions pertaining to invasive medical procedures.
• Invasive medial examinations eg: the degree of care to be provided to a critically ill child and decisions in relation to the termination of life support
• Any testing to determine parentage.
• Medical treatment involving general anaesthetic, blood transfusion or surgery.
• Pregnancy termination.
• Contraception, where a child is not considered "Gillick competent" or is under 12 years of age.
• Acting on a second opinion, depending on the type of illness or condition and proposed treatment.
• Prescribed medications to manage behavioural or mental health conditions eg: dexamphetamines or anti-depressants.

Education...

Having regarded the views of the child and their family, carers can make the following care decisions:

• Variations to school routine (including day excursions not involving dangerous activities and interstate travel).
• Sporting and recreational activities undertaken at school of low or moderate risk.
• Signing school reports.
• Child care (not financial approval for child care).
• Curriculum related activities, including (but not limited to) swimming, arts council and religious education consistent with the views/beliefs of the child and their family.

The following decisions/consents must be made/provided by the guardian:

• Enrolling a child in a new or different school.
• Day excursions involving dangerous activities.
• Sporting or recreational activities involving dangerous activities.
• School camps.
• Ascertaining procedures for student with disabilities.
• Work experience, including school based apprenticeships and traineeships.
• Decision for a child to leave school prior to the formal school leaving age.

Sporting and Recreational Activities...

Having regard to the views of the child and their family, the carers can make the following care decisions:

• Sporting and recreational activities not involving high or very high risk activities.
• Taking a child on family outings that do not conflict with family contact arrangements or the case plan.
• Placing the child in the care of another person for a period of up to two nights (excluding placement with parental consent).

The following decisions/consents must be made/provided by the guardian:

• Any sport/recreational interests involving high or very high risk activities.
• Placing a child in the care of another person for three nights or more.

Culture and Religion...

Having regard to the views of the child and their family, the carers can make the following care decisions:

• Observance/maintenance/participation regarding cultural and/or religious occasions and activities, including religious education at school, where consistent with the views/beliefs of the child and family.

The following decisions/consents must be made/provided by the guardian:

• Observance/maintenance/participation regarding cultural and/or religious occasions, activities and beliefs not consistent with the views of the child and their family and recognized agency (where appropriate).

Travel (Interstate and Overseas)...

Having regard to the views of the child and their family, carers can make the following care decisions:

• Travel within the state by car that does not conflict with agreed family contact arrangements or case plans.
• Day trips interstate by car.

The following decisions/consents must be made/obtained by the guardian:

• Travel that conflicts with family contact arrangements or case plans.
• Interstate travel (excluding day trips).
• Overseas travel.
• Signing passport applications.

Behaviour Management...

Having regard to the views of the child and their family, where appropriate, service providers such as the Department of Education and the Arts or Queensland Health, carers can make the following care decisions:

• Behaviour management and discipline strategies consistent with section 122 (2) of the Child Protection Act 1999, the statement of standards.

Having regard to the views of the child and their family, the following decisions/consents must be made by the guardian:

• Strategies which are consistent with the statment of standards (note this will only be applicable in rare circumstances eg: where the child is in immediate danger of harm and there is no alternative but the use of restraint, 'endorsed' behaviour management programs, sometimes used in schools, that involve strategies that would normally be prohibited such as segregation/isolation until the child is no longer in immediate danger).

Family Contact and Counseling...

Having regard to the view of the child, their family and the service providers (where appropriate), carers can make the following care decisions:

• Family contact arrangements consistent with the case decisions/case plan.
• Counseling, where consistent with case decisions/case plans.

Having regard to the views of the child and their family, the following decisions/consents must be made/provided by the guardian:

• Counseling and therapies, where it is not part of the agreed case plan.
• Varying family contact arrangements where varied arrangements are substantially in conflict with agreed case plans or where they are likely to result in significant issues for the child or their family members.

Child's Surname...

In some circumstances a child may wish to, or request that, they be referred to by a different surname. The views of the children must be given consideration and support provided where appropriate. It may be considered in the child's best interest to officially change their surname. The legal change of surname requires consent of the guardian.

Media...

Regardless of who has guardianship of a child, the legislation requires that a person must not (without the chief executive's written approval) publish information that identifies, is likely to lead to the identification of a child.

Child's Personal Appearance...

The child has the right to have their views considered in relation to their personal appearance, including haircuts, clothing, jewellery and piercings. This does not include tattooing which is unlawful for a child under the age of 18 years.

Taking into account the child's views and the views of the parents, carers are legally able to make decisions (where there is a custody or guardianship order the Child Protection Act 1999) about their appearance, including clothing and haircuts. If the decision may become contentious, the department caseworker should be consulted.

Other Issues...

The following decisions/consents must be made/provided by the guardian:

• Permission for a child under 18 to marry.
• Permission for a child under 18 to joing the Australian Armed Forces.

 

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