- If Child Safety Service has guardianship, they can apply to the court to transfer it to one or two other people. This is called third-party guardianship (or new guardian).
- The third-party guardian is usually (but not always) the person who has been caring for the child or young person.
- The third-party guardian has the same rights, powers, duties, obligations and liabilities as a birth parent until the child or young person turns 18.
- The child or young person will be consulted and listened to seriously about the third-party guardianship.
- It is important to understand the third-party guardianship process is a legal one. It can take multiple visits to court and a long time to progress.
In most cases a person will already be a carer before they become a third-party guardian. This means they will have a:
- Working with Vulnerable People Check.
- National Police check.
- Carer Assessment.
To become a third-party guardian the carer needs to:
- be known to the child or young person.
- have a strong parental relationship with the child or young person.
- be willing and have capacity to care for the child or young person until they are 18.
- understand, honour and support an ongoing relationship between the child or young person and their birth family (if agreed safe to do so).
- support connection to culture (Aboriginal and Torres Strait Islander child or young person).
- keep open and ongoing communication with DECYP Adoption and Permanency Services.
The process to become a third-party guardian:
Before
The Child Safety Officer will work with the child or young person to make sure they understand the options available to them.
The child or young person will be supported to understand the options available to them and have a say in the decisions that affect them.
If restoration is not in the best interest of the child or young person, the Care Team can explore other permanency options (Permanency and Stability Easy Read Policy). A third-party guardianship is one permanency option available.
A decision (or not) to progress a third-party guardianship is always made in the best interests of the child/young person, not the carer or birth family.
During
The Child Safety Officer will:
- Consider and assess the suitability of the potential third-party guardian
- Arrange a family (or individual) meeting or Family Group Conference. People involved will include:
- the child’s carers/potential guardian
- Out of Home Care Worker (and non-government agency if care provided through them)
- the child or young person
- the child or young person’s birth family
- for Aboriginal children an Aboriginal community or organisation.
- Refer recommendations for third-party guardianship to be considered at the Child Safety Decision Making Forum.
In most cases a child or young person will be allocated a Separate Representative (child’s lawyer) to support a decision.
Once this work has been completed an application is taken to the Magistrates Court to formally endorse. The carer (potential guardian), child, birth family and Child Safety Officer may be asked to attend court. It can take multiple visits to court before a court will decide on an outcome.
If the court agrees they will grant the order, and the third-party guardian will receive paperwork.
After
The third-party guardian will be introduced to the Adoption and Permanency Services worker. The Child Safety Officer will stop being involved.
Child Safety Services will continue to provide a board payment for a child whose guardianship is transferred.
A review at 12 months from the Adoption and Permanency Services worker will occur to ensure the child or young person is safe and well.
Adoption and Permanency Services are not a Case Management function but can be contacted if carers have any questions.
The third-party guardian must tell Adoption and Permanency Services if:
- the child or young person moves out of the guardian’s care
- they are no longer providing financial support to the child.
The guardian, child or secretary can request a review of the guardianship arrangement at any time after the 12-month review.