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3.4.2 Charter of rights for children and young people in the CEO’s care

Last Modified: 28-Jun-2018 Review Date: 13-Apr-2016

Purpose

To provide information about the Charter of Rights (the Charter) for children and young people in the CEO’s care and the practice requirements that child protection workers must follow.

Note: CEO refers to the Chief Executive Officer of the Department of Communities (Communities).

Practice Requirements

  • It is a requirement of the Children and Community Services Act 2004 (the Act) that all children in the CEO's care know their rights.
  • Child protection workers must provide a copy of the Charter to each child on entry to the CEO's care and explain their rights in a developmentally appropriate way.
  • The child protection worker must regularly review the Charter with the child.
Process Maps

Not applicable

Procedures

  • Providing information about the Charter to a child in the CEO's care
  • The Advocate for Children in Care
  • The Charter of Rights
  • Providing information about the Charter to a child in the CEO's care

    Children come into the CEO's care for various reasons. Details about why a child is in the CEO's care, and how long they are likely to remain there, must be explained to them in an age appropriate way.

    Child protection workers must inform and explain to the child:

    1. what being in the CEO's care means in terms of decisions that are made about them
    2. the purpose of the Charter, and 
    3. the role and contact information for the Advocate for Children in Care (the Advocate).

    Child protection workers must record in the main information section of the child’s provisional care plan or care plan that a copy of the Charter has been provided to the child.

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    The Advocate for Children in Care

    The Advocate protects and promotes the interests and rights of all children in the CEO's care to have a say in decisions and actions that affect them and in the services that are provided to them.  The Advocate provides advocacy services to help children resolve issues and have decisions reviewed, and supports them in using formal complaint and review processes. 

    Child protection workers and the Advocate should work together to resolve issues for children in the CEO's care.

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    The Charter of Rights

    The Charter includes the following principles:   ​

    1. You have the right to receive proper health care including medical and dental when you need it.
    2. You have the right to receive guidance and encouragement in your education and activities such as hobbies, sport, music, dance and art.
    3. You have the right to be kept informed about your care plan and have your views about the plan considered.
    4. You have the right to be respected (and to treat others with respect too).
    5. You have the right to raise an issue with your case worker, foster carer and/or Advocate for Children in Care.
    6. You have the right to privacy and to have your personal belongings.
    7. You have the right to be heard (and show the same to other people's views and opinions).
    8. You have the right to get help and support to go to court regarding your care.
    9. You have the right to have contact with family members and friends whenever possible.
    10. You have the right to be encouraged and supported in your religion and culture.
    11. You have the right to proper planning before leaving care.
    12. You have the right to be safe. 

    Links to the Charter for age groups: 0 to 6, 7 to 12 and 13 to 18 are in related resources.

    The Charter can also be downloaded as a poster for children in the CEO's care.  The poster is available in three formats, each designed for the different age groups listed above.

    The Charter is supported by practice guidelines in Guidelines for Child Participation 2014 and Transferring a Child’s Personal Belongings (in related resources), and in the following entries in Chapter 3.4:

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