Things to consider
If a child is not able to be cared for at home, Child Safety may ask the current carer to consider being the child’s guardian.
Becoming a child’s guardian is a significant decision. A guardian takes on all parental rights and responsibilities for a child until they turn 18 and continues to support them into adulthood. Guardians also accept the responsibilities set out in the Child Protection Act 1999, including maintaining the child’s connection to their family and culture, and supporting them to explore and express their identity.
Talk to your family and friends to help you decide whether it is right for you and your family. Your Child Safety Officer, or your foster and kinship care support agency can answer any questions you have about being a guardian.
Things to consider are:
- can you actively ensure the child maintains a connection with their family for the rest of their childhood?
- can you help the child maintain a connection to their culture for the rest of their childhood?
- are you willing to support the child to explore and enjoy their identity, including sexual orientation, gender diversity, language and religion, even if it differs from your own?
- how will you parent through the different developmental stages and the challenges you may face?
- how will you support a child if they were to suffer a serious illness or injury which could limit their ability to engage in daily life, or impact their ability to live independently in the future?
- are you willing to help the child to develop independent living skills and provide them with information to prepare them for adulthood?
- how would you support a young person if they are not ready to leave home when they turn 18?
- for a child with significant disability, are they are likely to live independently as an adult and what are their options if they cannot?
- what impact will there be on other children you may be fostering or providing kinship carer for?
- do you have a support network of people who could care for the child if something happened to you and you couldn’t continue to be the child’s guardian?
Once a long-term guardianship or permanent care order is made, the guardian is responsible for daily care of the child, as well as for making decisions about the child’s long-term care, wellbeing and upbringing. The order remains in place until the child reaches 18 years of age.
As the child’s guardian you will take on parental responsibility for the child. You will be responsible things that Child Safety currently look after including:
- ensuring the child maintains relationships with their parents, family members and other people who are important to them
- helping the child to maintain a connection to their culture
- allowing the child to develop, maintain and enjoy their identity, including the child’s sexual orientation and gender identity
- providing for the child’s health needs
- making decisions about the child’s schooling or education needs
- meeting the child’s need for disability support
- helping the child to prepare for adulthood
- keeping the child’s parents informed about the child.
Depending on the type of guardianship order that is made, there are differences in Child Safety’s involvement, or the amount of support you or the child will receive.
Compare the differences between long-term guardianship orders to a suitable person, a permanent care order and an order granting custody or guardianship to the chief executive below.
Custody or guardianship to the chief executive | Long-term guardianship to a suitable person | Permanent care order | |
|---|---|---|---|
| Will a child safety officer have contact with the child? | Yes, at least once per month. | Yes, at least once per year. | No. |
| Will a community visitor still visit the child? | Yes. | No. | No. |
| When will the case plan be reviewed? | At least every 6 months. | Only if requested by the long-term guardian or the child. A parent can request a review if there hasn’t been a review in the previous 12 months. | Only if requested by the permanent guardian or the child. |
| Will transition to adulthood planning and support continue through Child Safety? | Yes. | No. The long-term guardian will help the child to plan and prepare for their future and access the services and supports they may need. | No. The permanent guardian will help the child to plan or prepare for their future and access the services or supports they may need. |
| Can the child still receive the Transition to Independent Living Allowance? | Yes, pending Commonwealth Government approval. | Yes, pending Commonwealth Government approval. | Yes, pending Commonwealth Government approval. |
| Is extended post-care support available? | Yes. | Yes. | Yes. |
| Will the child be eligible for an Education support plan? | Yes. | No. The long-term guardian is responsible for helping the child to identify their education needs and access the services and support they may require. | No. The permanent guardian is responsible for helping the child to identify their education needs and access the services and support they may require. |
Will an Aboriginal or Torres Strait Islander child, or a child from a culturally or linguistically diverse background have a cultural support plan? | Yes. | No. The long-term guardian is responsible for supporting and promoting the child’s connection to their culture and a cultural support plan will be agreed when the order is made. | No. The permanent guardians is responsible for supporting and promoting the child’s connection to their culture and a cultural support plan will be agreed when the order is made. |
| Will the child be eligible for a Child health passport? | Yes. | No. The long-term guardian is responsible for helping the child to identity their health needs and to access the services and supports they may require. | No. The permanent guardian is responsible for helping the child to identity their health needs and to access the services and supports they may require. |
| Who is responsible for helping the child to access disability supports? | Child Safety will support the child to access disability supports needed from the National Disability Insurance Scheme. | The long-term guardian is responsible for supporting and representing the child to access the disability supports from the National Disability Insurance Scheme. | The permanent guardian is responsible for supporting and representing the child to access the disability supports from the National Disability Insurance Scheme. |
| Is short-break care available through Child Safety? | Yes. | Short-break care may be considered in exceptional circumstances. The long-term guardian is generally responsible for obtaining appropriate short-term care within their own support network, when needed. | No. The permanent guardian is responsible for obtaining appropriate short-term care within their own support network, when needed. |
| Are care allowances paid? | Yes. The fortnightly caring allowance will continue to be paid to meet the costs associated with the child’s care. Other financial support, including the High Support Needs Allowance and Complex Support Needs Allowance, may be paid depending on the needs of the child and with the manager’s approval. | Yes. The fortnightly caring allowance will continue to be paid to meet the costs associated with the child’s care. Other financial support, including the High Support Needs Allowance and Complex Support Needs Allowance, may be paid depending on the needs of the child and with the manager’s approval. | Yes. The fortnightly caring allowance will continue to be paid to meet the costs associated with the child’s care. Other financial support, including the High Support Needs Allowance and Complex Support Needs Allowance, may be paid depending on the needs of the child and with the manager’s approval. |
Can assistance be sought from Child Safety? | Yes, anytime. | Yes, assistance can be sought when:
| In limited circumstances. A permanent guardian can ask Child Safety to review the child’s case plan. Child Safety will consider the reasons for the review and with speak to the permanent guardian about the possible outcomes. Child Safety may be able to help with connection or referral to other services such as Family and Child Connection or an Aboriginal and Torres Strait Islander Family Wellbeing Service, where appropriate. |
| Does regular support from the foster and kinship care agency continue? | Yes. | No. | No. |
Long-term guardians and permanent guardians can access support from Queensland Foster and Kinship Care (QFKC). QFKC is a non-government association providing advice, support and advocacy to all foster and kinship carers in Queensland. For more information, call QFKC on (07) 3256 6166 or visit their website.
If you are granted long-term guardianship or permanent guardianship of a child, you will have the right to:
- request a review of the child’s case plan at any time after the order is made
- be provided with written reasons if Child Safety decides not to review the child case plan, including information about how to request an external review of the decision through the Queensland Civil and Administrative Tribunal.
- be treated as the child’s parents and respond to any Childrens Court matters if concerns arise about your care of the child, or an application is made to revoke the child protection order.