From In-Home Child Care to Foster Care without your knowledge
- Details
- Category: In Home Care Fraud
- Created: Saturday, 07 May 2016 20:10
- Written by Administrator
In 2009 under the Keep them safe reforms the Department of community services out sourced foster care contracts to Non government services such as Care south, Catholic care, Anglicare, Mission Australia, these Non government services have now In home care foster care model brokered through the Department of Education and Communities ( we need the list of the NGOS that hold the foster care contracts) Non government agencies who hold these contract's are brokering childcare providers as a foster care system.
Childcare providers are given funding for out of home care packages, once a parent signs a parenting agreement, or the Department of Community Services orders Court Orders that a parent must use an In home care service or a childcare service provider. Children accrue their time-frame in the foster care system, within the childcare provider - which turns into permanent care orders or Adoption - as they have spent the time frame needed in the foster care system through childcare, and parents have given their permission through a parenting agreement - which is giving the minister your parental responsibility.
Guardianship orders are given to whatever non-government service (NGO) has brokered the childcare provider on the parent's behalf.
The gateway into the In-Home Care foster-care system
1. Parents access Non Government Services for support for there children or themselves, or a referral has been completed on there behalf by another Non Government Service.
The department will recommend an In Home Care Provider or demand that the parent uses a certain child care service or lose their children.
Hospitals, medical practitioner's, occupational therapist, etc, will recommend In home care to their client's.
Application process
2. Non Government services offer to pay for parents childcare fees and find your child a place in a child care provider. Your child has been deemed at risk by the Department, but parents are not told this in most instances they think it is just part of the application process to access In home care.
The parenting agreement which appears to be a childcare agreement with with the name of the Childcare provider they are using.
3. Every three months parents are asked if they would like to apply for another round of child care, they fill out what is called a family application and sign the parenting agreement. They will also be asked to fill out a statutory agreement stated they can not afford the childcare this is for the services to access funding but I also think it is so parents don't question why they get up to 50 hours of free childcare/ Foster care is free or is very minimal cost to the parent.
4. Parents are asked to provide a medical letter from there Doctor, Specialist, Paediatrician if there child has a disability or if the parent has an illness or disability.
The letter often states that parents are incapable and children are at risk in some way without the support of the childcare provider or In home care service childcare is seen as a protective factor..
Letter from the Non-Government service
Non-Government services write what they call support letters that help justify you getting free childcare or In home care services in your home.
These letters are not support letters they are used as evidence towards the parent stating how incapable they are without the support of the In home care provider these letters are used as further evidence as risk of harm reports. Parent's are told they have to have the risk of harm statement in the letter or there application will not be approved.
The parents are often told that there child is not at risk of harm from them they just need to state this information to get approval. ( I will send you a copy of what a letter looks like so it can be uploaded for Parents to use as an example as most people are visual)
Not every parent gets these letter's written every time as not all parent's are referred by Non government services to childcare provider's there are different gateways.
The parenting agreement is a contract with Department of Education and Communities who broker to childcare providers.
Parent's are told their childcare application will be sent to the Department of human services for approval. Parents do not realise that the childcare application is going to the Department of Community Services for approval through Social Services for foster care - not childcare.
New south Wales Section 135 of the Children and Young person's act allows an Education and care services (child care providers) to provide foster care if:
(3) For the purposes of this Act, "out-of-home care"does not include:
(a) daily care and control of a child given by a person in the person’s capacity as an approved provider of education and care services under the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, or
(b) any care provided by a relative or kin of a child or young person unless:
(i) the Minister has parental responsibility for the child or young person by virtue of an order of the Children’s Court, or
(ii) the child or young person is in the care of the Director-General, or
(iii) it is provided pursuant to a supported out-of-home care arrangement as referred to in section 153, or
(b1) any care of a child or young person provided by a person who has parental responsibility for the child or young person under a guardianship order, or
(c) anything prescribed by the regulations not to be out-of-home care.
(4) However, a child or young person who is in out-of-home care does not cease to be in that care merely because the child or young person becomes subject to any care or control referred to in subsection (3).
Parenting Agreement important clauses:
Substitute Care Substitute care stands for Foster care
If the Carer believes that another Care Provider Type (other than In Home Child Care) is more appropriate then the Parent agrees to do all acts and sign all documents to enable the Carer to transition the child the subject of the In Home Child care to that other care provider Type as determined as determined by the Carer.
Care Provider Types includes childcare for long day care, family day care, occasional care, outside school hours care, vacation care, registered care, In Home Child Care and such other forms of care that are eligible for a CCB Payment. ( Registered care is Foster care registered with the Department of Human services).
Child Care Services means the services described in Item 2 of the Schedule (as may be varied from to time by agreement between the Carer and the Parent) but does not include any duties other than childcare and specifically does not include housework, cleaning duties or other domestic or housekeeping duties.
2.13 Approval for Further Period
(a) The Parent acknowledges and agrees that just because Centrelink or other relevant government entity, office or department) may approve a further period of child care funding this does not mean that the carer ( or child care worker ) must agree to provide that further period of In Home Child Care even if the Parent or child is entitled to a priority placement under the “” Priority of Access Guidelines”'.
(b) If the Carer agrees to provide that further period of In Home Child Care then unless the Carer requires a new agreement to be entered into, the Parent and Carer enter into the document set out in Annexure A of this agreement (Annexure A is mentioned in parents court orders and has the hours of child care attached and days it can look like a preschool report ). The report is also mentioned in an affidavit this is the care application process.
(c) At all times the Carer may agree or refuse to provide that further period of In Home Child Care in its absolute discretion (including if that further period of In Home Child Care would start or finish before the Completion Date). If the Carer does agree to provide that further period then:
(I) the Carer may require the Parent to enter into a new or different Parent Agreement as a condition of providing such In Home Child Care; or
(ii) unless sub- clause (I) applies, the provision of that In Home Child care is on the same terms as this agreement subject to any variations specified by the Carer such as altering the Completion Date, the child care services, the fee or any other aspect of this agreement (and which may be set out in a separate document).
2.1. Definition of Carer – Carers Recognition Act 2010 ( Department of Social services)
For the purpose of the Act, carers are people who provide personal care, support and assistance to another individual in need of support due to disability, medical condition, including terminal or chronic illness, mental illness or is frail and aged. A person is not a carer for the purpose of the legislation if they only provide care, support or assistance either for payment, such as a care or support worker, or as a volunteer for an organisation, or as part of the requirements of a course of education or training.
A person is also not a carer, for the purpose of this legislation, simply because they: are the spouse, de facto partner, parent, other relative or guardian of an individual who requires care; or live with an individual who requires care.
For example, a person will not be a carer under this legislation merely because they provide out-of-home care to a child who has been placed with them under the child protection laws of any State or Territory such as being a foster carer. However, if the person provides the child with personal care, support and assistance because the child has a disability, medical condition (including terminal or chronic illness) or a mental illness, then the person would be carer for the purposes of this legislation (In home care services provides this).
The definition of carer may vary in other Commonwealth, state or territory laws. The definition of carer is applicable to this Act and does not exclude or override other definitions of carer that exist in any other legislation.
Agencies and providers reading the Act should be aware that other legislation may also create rights or obligations relating to carers. For example the Fair Work Act 2009 creates entitlements and rights for carers, which may affect policy made or implemented by agencies and providers.
In addition to meeting their obligations under this Act, agencies should also ensure they meet any obligations to carers created by any other legislation.
As a result this Act should be read in conjunction with any other legislation which may relevant to carers in any way.
Nothing in any other legislation should in any way limit or narrow the scope of this Act.
3.1. Public Service Agencies
Public service agencies covered by the Act are those that are Agencies (the carers Act comes under the Public Services Act), within the meaning of the Public Service Act 1999. An Agency under the Act is a Department,an Executive Agency or a Statutory Agency collectively referred to in these guidelines as ‘APS agencies’.
Carers Recognition Act 2012
Who is a ‘carer’? The Act defines a carer as anyone who provides care to another person in a ‘care relationship’, including carers aged under 18 years. A care relationship exists where the person being cared for is an older person, or a person with a disability, a mental illness or an ongoing medical condition. The Act also includes situations where someone is being cared for under the Children, Youth and Families Act 2005, in a foster, kinship or permanent care arrangement. If someone is a spouse, partner, parent, child or other relative, and they do not meet any of the above criteria, they are not in a “care relationship” for the purposes of the Act. The Act also does not apply to people employed to provide care services, or people who provide care as part of professional training or as a volunteer for an organisation.
Carers Act
http://www.carersact.org.au/advice/plan-ahead/powers-of-attorney
On the In home care family application there are tick boxes that states one of the parents has an illness or disability that reduces the family's capacity to care for there children this starts Guardian orders parents permission do not need to be asked for Adoption or Foster care as you are deemed in capable and you have already given permission for foster care by signing the parenting agreement this process also starts capacity orders where the expert is hired by the court usually paid off by Docs the expert will state you are mentally ill not of sound mind an incapable parent.
It is very easy for Non Government services to convince parents they have some kind of illness or disability they often keep sending there clients to the Doctors stating they are not looking after themselves.
Depression is a big one they use for this form as most people suffer from depression in some type of form in there lives.
Parents are than asked to see their doctor for medical evidence to back up these claims. The doctors have no idea they are writing medical evidence to support foster care and adoption.
