My Rights With FACS

You might be wondering, “what are my rights with FACS?” Before we discuss your rights, let us first talk about FACS. The FACS NSW, or New South Wales Department of Family and Community Services, was a department of the Government of New South Wales in Australia. 

It operated from 2009 to 2019 and was responsible for delivering a wide range of services to some of the most disadvantaged individuals, families, and communities in the state. Although FACS NSW no longer exists, its legacy lives on in the work of the Department of Communities and Justice (DCJ).

Role of the Department of Communities and Justice (DCJ)

The DCJ continues to provide many of the same services that FACS NSW once did. It is committed to supporting the most vulnerable people in New South Wales.

One of the key areas of focus for DCJ is the Out-of-Home Care (OOHC). OOHC refers to the situation where a child is unable to live with their biological family and is placed in the care of another person or family, such as foster carers or kinship carers.

OOHC-related Functions of DCJ

DCJ is responsible for several functions related to OOHC, including:

1. Assessing the need for OOHC: This involves working with families to understand the reasons why a child may need to be placed in care and exploring all possible options to keep the child safe and supported within their family.
2. Finding appropriate placements for children: DCJ (formerly FACS NSW) worked to match children with carers who could meet their individual needs and provide them with a safe and nurturing environment.
3. Providing support to children and families in OOHC: This included providing ongoing casework support to families, as well as support services to children in care, such as education, health, and counselling.
4. Working towards reunification: DCJ aims to reunify children with their biological families whenever possible. This involves working with families to address the issues that led to the child being placed in care and supporting them to develop the skills and resources they need to care for their child safely.

My Rights with FACS: As a Birth Parent

Once you have placed your child in OOHC, it doesn’t mean you lose your parental responsibilities. Parents can participate in and have a voice in what happens to their children while in care, according to child protection laws. Here’s the answer to your question “What are my rights with FACS?”

1. The right to apply to the Children’s Court to appeal the order placing your child or children in care.
2. The right to be told where your child is unless Communities and Justice (DCJ) deems that this information will affect the safety, welfare, and wellbeing of your child or their carer.
3. The right to information on the caregiver for your child, unless we determine that doing so would jeopardise the child’s safety, welfare, or well-being, or the safety of the caregiver and their family.
4. The right to receive information of your child’s progress and development during their placement.
5. The right to ask DCJ for services that could help your child return to your care.

My Rights with FACS: Case Planning Meeting

Aside from knowing “my rights with FACS,” you must also know about case planning. As a parent, you can participate in a case planning meeting when almost all significant choices regarding your child in care will be discussed. 

What Happens in a Case Planning Meeting?

During a case planning meeting, one can raise concerns about a child or young person in care, as well as any challenges, successes, or help that they may need. The goal of case planning sessions is to provide positive results for the kid or young person receiving care.

Families, children, young people (when appropriate), caregivers, other important individuals, and pertinent agencies are invited to participate in goal-setting, information sharing, problem-solving, and discussion of concerns. Getting everyone together in person or over the phone may be necessary for the case meeting.

My Rights with FACS: As a Young Person in Care

If you’re a young person in care, you might also ask “what are my rights with FACS?” Being in an OOHC doesn’t mean the restriction of your freedom as a normal person. The following are your rights as a young person in care:

1. The right to have contact with your family and community.
2. The right to be told why you are in care and to keep a record of your time in care.
3. The right to ask for any information that is being kept about you, to read your file and to add any information to your file.
4. The right to be treated fairly.
5. The right to be treated with respect.
6. The right to feel safe and not be abused.
7. The right to complain.
8. The right to services that promote your health and well-being.
9. The right to ask for extra help with your education.
10. If you have to go to court, you have the right to be helped and supported.
11. The right to do things that you enjoy.
12. A right to your own beliefs and way of life.
13. The right to make choices about everyday matters.
14. The right to say what you are thinking and feeling.
15. The right to take part in making important decisions affecting your life.
16. Before leaving care, you have the right to be involved in planning the kind of support and assistance you may need after leaving care.

Carers and caseworkers must respect these rights because the Children and Young Persons (Care and Protection) Act 1998 requires such treatment.

My Rights with FACS: Bringing Your Child Home

A restoration plan is a formal document outlining the steps and supports needed to safely reunify a child placed in out-of-home care with their biological family. It’s developed collaboratively by the child, their family (including birth parents), DCJ caseworkers, other professionals involved in their care, and sometimes even the foster carers.

The primary goal of a restoration plan is to create a safe and stable environment for the child to return home, if it’s deemed possible and in their best interests. The plan serves as a roadmap for achieving this goal by addressing the issues that led to the child being placed in care.

To know more about the restoration plan, you can check out DCJ’s website.

Get the Experienced Family Law Representation

Family matters are rarely easy. When legal issues arise within your family, it’s vital to have a knowledgeable and experienced family lawyer by your side. At JB Solicitors, our dedicated attorneys can fight for the best result for you and your loved ones while defending your rights and guiding you through challenging legal procedures.

Contact us today for more information about “my rights with FACS.”