The Foster Care Association of Victoria believes all children and young people in care should enjoy the same activities and relationships as those enjoyed by their friends and peers whenever these opportunities arise. It is important to promote a child or young person's connections to their community whilst also ensuring their wellbeing and safety. This information Sheet addresses some of the queries posed by carers regarding situations where police checks may, or may not, be required.
Issues regarding overnight stays and changes to carer households should be discussed with the child or young person’s Care Team or with your agency case manager to ensure effective planning and clear understanding of roles and responsibilities of team members.
All adult members of a carer household must undergo a national criminal history check prior to any child being placed in that household. This includes the carers, all members of their household who are over 18 years of age, and all persons aged 18 years and older who regularly stay overnight.
Carers should advise their agency prior to any new adult taking up residence in their home and allow enough time for the police check to be completed before the move occurs. In circumstances where the carer household composition unexpectedly changes without prior knowledge and approval, carers should advise their agency as soon as practicable.
Carers should always discuss this issue with their agency. The agency is required to assess, on a case-by-case basis, what is appropriate and what ‘regularly’ means for a particular person or placement when deciding whether to conduct a police check.
A police check is generally not required for a one-off stay (where this is not a regular occurrence). The carer is generally in the best position to determine suitability of the adult staying as a ‘one-off’ in their home and the impact on the safety and wellbeing on the child in their care. Carers should let their agency know that this one-off stay has occurred as soon as possible.
Carers should discuss such arrangements with their agency case manager and provide specific details such as: will the adult be spending time in the carer's house and if so, how much; will the adult be left unsupervised at any time with the child/young person in care? The agency is required to make an assessment as to whether a police check is required
This policy applies to children and young people aged four years and over. It is not considered appropriate for children younger four years of age to stay overnight away from their carer with friends.
If a child or young person is placed in out of home care through a voluntary arrangement, consent must be obtained from their parent / guardian.
In general, if there is a request for a child or young person in out of home care to stay overnight with a friend, the decision to allow or not allow the overnight stay may be made without the need for police checks on the adults in the household where the child or young person is to stay.
First overnight stay - for the first overnight stay with a particular friend, the decision is to be made by the foster carer in collaboration with their agency case manager. (Refer to check list on pages 3 & 4). The carer must contact the parents of the friend prior to the visit occurring to confirm the arrangements for an overnight stay. The case manager is responsible for advising DFFH of arrangement details.
Subsequent overnight stays - for subsequent stays with the same friend (provided there were no issues with the previous stay), and with the agreement of the agency and / or child protection, the carer may be able to make the decision to allow the stay without the need to consult each time. DFFH Case Planners can also authorise carers to make decisions about overnight stays after a first overnight stay.
However, carers must continue to advise their agency case manager of the proposed overnight stay before this occurs. This policy applies to overnight stays of up to two consecutive nights.
Longer stays require the approval of the child's child protection case manager or, where the case is contracted, the agency case manager. The case manager will determine any additional conditions for approval of the longer stay on a case-by-case basis.
If the child is always in the primary care of the carer while staying with friends or relatives, no checks are required. If the primary care of the child is to be left to persons other than the carer, the need for a police check should be clarified with the agency case manager before the visit occurs.
If the child is always in the primary care of the carer, no checks are required. If the primary care of the child is to be left to persons other than the carer, the need for a police check should be clarified with the agency case manager before the visit occurs.
