Supporting students in statutory out-of-home care
Direction and guidance on the personalised learning and support planning for children and young people in statutory out-of-home care (OOHC) who are enrolled or enrolling in public schools, including preschools.
Audience
School staff and out-of-home care teachers.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
| V01.0.0 | 09/05/2024 | Under the 2023 Policy and procedure review program, new document with consolidated instructions previously provided in the Out of Home Care in Government schools policy and Out of Home Care in Government Schools Education Plan Procedures. | Executive Director, Inclusion and Wellbeing |
About the policy
These procedures are to ensure staff meet their obligations under the Child protection – responding to and reporting students at risk of harm policy, specifically requirements for supporting our students in out-of-home care.
| Term | Definition |
|---|---|
Department of Communities and Justice (DCJ) |
Works with children, young people, adults, families and communities to deliver services with a unified and collaborative approach with the objective of achieving a vibrant, sustainable and inclusive community. DCJ is the NSW statutory child protection agency. |
Enrolment and Registration Number (ERN) |
A web-based, central database used to manage the student enrolment processes. It is accessed through the department’s staff portal. |
Non-government organisation (NGO) |
Non-profit organisations set up and operated independently from local, state, federal or international governments, but can receive government funding in some cases. |
Personalised learning and support planning (PLaSP) |
Develops, implements, reviews and monitors the needs of children or young people in statutory out-of-home care who are enrolled or are enrolling in a government school or preschool. PLaSP can also indicate personalised learning and support plan. |
Prescribed body |
A prescribed body is any organisation specified in section 248(6) of the Children and Young Persons (Care and Protection) Act 1998, for example the NSW Police force, NSW Government departments, schools, health agencies and organisations that arrange the provision of out-of-home care. |
School Learning and Support Team (LST) |
Every school has a unique learning and support team. This team collects information and gives recommendations for the teachers of students who need adjustments to access the curriculum and meet their educational goals. They play a key role in meeting the specific needs of children with disability and additional learning and support needs. |
Statutory out-of-home care (OOHC) |
OOHC provided to children and young people, resulting from an order of the Children’s Court. Parental responsibility is placed with the Minister for Families and Communities (DCJ). OOHC can only be arranged or provided by a designated agency. |
Principals must meet the learning and support needs of students in out-of-home care by:
- receiving information about children and young people in out-of-home care (OOHC), and ensuring that the information is entered or updated on the ERN database as necessary
- effectively using and monitoring OOHC change funding when triggered so it is appropriately directed to the intended student, to enhance their educational outcomes
- ensuring that children and young people in, or known to be entering, OOHC have access to the full range of school activities and programs
- maintaining a child or young person in OOHC’s right to privacy and to participate in decisions that have a significant impact on their lives, including decisions to publish information disclosing that the child or young person is in or was in OOHC. This means not disclosing a student’s OOHC care status, including to department staff, without consent unless required by legislation or necessary for their safety, welfare and wellbeing
- organising the development of a personalised learning and support plan for students in OOHC, who are enrolled or enrolling, within 30 school days of notification or from the enrolment meeting and having it reviewed at least annually
- providing a copy of students in OOHC personalised learning and support plans to the child or young person, carers and any agency with case management responsibility as soon as possible once developed or reviewed
- providing or gathering relevant information to or from another agency where required under Chapter 16A Information Exchange provisions of the Children and Young Persons (Care and Protection) Act 1998.
School Learning and Support Team:
- oversee the development, review and monitoring of the personalised learning and support plan for students in care
- communicate the personalised learning and support plan, in a timely manner, for a student in OOHC when they transfer to a new school setting
- review the personalised learning and support plan of a newly enrolled student in OOHC and update it within 30 school days to meet their current needs
- engage the OOHC teacher or delivery support staff where additional support is required for a student in OOHC.
Teachers:
- collaborate with the school learning and support team to develop, effectively implement and review the personalised learning and support plan for students in OOHC
- maintain the confidentiality of the OOHC care status of the child or young person in OOHC except as authorised by the principal (or otherwise required by law).
Out-of-home care teachers:
- work with teachers and schools to build their capacity to support children and young people in OOHC, to improve their educational outcomes
- work with school staff, delivery support staff and relevant agencies, to establish effective and efficient modes of working to enhance the participation, retention, educational outcomes and wellbeing of students in OOHC
- are the contact point and receive information about children and young people entering OOHC.
School Administrative and Support Staff:
- when delegated by the principal, ensure information about students in OOHC is updated on the ERN database as necessary. This includes using ‘split family' and ‘change student family' in the family management (family tree) function where there are different care circumstances for students and their siblings
- must maintain the confidentiality of the care status of the child or young person in OOHC except as authorised by the principal (or otherwise required by law).
Government departments and other designated agencies:
- should liaise with school and delivery support staff and engage in the educational planning process for the child or young person in their care
- where they are prescribed bodies, have an ongoing legal duty to actively take reasonable steps to coordinate decision-making and the delivery of services regarding children in OOHC
- must follow the education pathway process and ensure student details are updated via a Notice to a School within 14 days for students entering OOHC or beginning school for the first time, or via a Change of Details Advice within 7 days for all other changes in circumstances, and sent to the department via oohc.cps@det.nsw.edu.au.
What needs to be done
1. Schools notified about a child or young person in out-of-home care
The Department of Communities and Justice, or a delegated non-government organisation with case management responsibility, must notify the department within 14 days, through a Notice to School emailed to the department’s Child Protection Policy team’s mailbox oohc.cps@det.nsw.edu.au, if:
- a child or young person already enrolled in a public school enters statutory out-of-home care for the first time
- a child or young person in out-of-home care begins school (either preschool or attending a public school) for the first time.
For any other change in circumstances, they must notify the department within 7 days.
The Child Protection Policy team will provide the information to the relevant principal and out-of-home care teacher as soon as practicable.
The carer or caseworker of a child or young person in statutory out-of-home care may also provide the school with pre-enrolment notice and information.
2. Students in out-of-home care are enrolled and supported
2.1 The student will be enrolled or have their enrolment updated
For children or young people in statutory out-of-home care (OOHC) not yet enrolled in a public school, a Department of Communities and Justice manager casework or agency with case management responsibility, with appropriate delegation, can enrol students in school.
Carers can contribute to decision-making but are unable to authorise enrolment. See Checklist for Schools (PDF 402 KB) for more details.
If children or young people currently enrolled in a government school enter statutory OOHC, the principal or their delegate must update the ERN to reflect this, including using ‘split family' and ‘change student family' in the family management (family tree) function where there are different care circumstances for students and their siblings.
2.2 Principals ensure funding and collaboration supports are in place
This includes:
- using out-of-home care change funding as needed to support the student – either when triggered by a Notice to School, or by applying through the out-of-home care program
- facilitating the initial collaboration between the out-of-home care teacher, class teacher, school learning and support team and any external agencies or providers as needed
- contacting the out-of-home care teacher and/or delivery support staff if additional support is needed
- facilitating collaboration in developing a personalised learning and support plan between the student, teachers, carers, caseworker and other relevant staff such as school counselling service staff and/or allied health professionals.
2.3 Managing and sharing student information
It is important that a child or young person is able to control who knows that they are in or were in OOHC.
A student’s out-of-home care status and related information needs to be managed and shared sensitively on a ‘need to know’ basis, including to enable the development of a personalised learning and support plan.
Teachers and school administration support staff also need to maintain this confidentiality.
Principals may provide and gather information to or from another agency as needed under Chapter 16A Information Exchange provisions of the Children and Young Persons (Care and Protection) Act 1998.
The Department of Communities and Justice, as the legal guardian of children and young people in out-of-home care, may share information with other government and non-government agencies, as required and appropriate. This includes sharing personalised learning and support plans for students in OOHC with key family members to support the child or young person’s identity and relationships.
3. Co-develop the personalised learning and support plan
Principals must ensure a personalised learning and support plan is developed in consultation with appropriate stakeholders. The plan must be:
- developed within 30 school days of being notified that the child or young person has entered, or is in, out-of-home care
- revised at least annually.
The school Learning and Support Team oversees the development of the plan by teachers and in collaboration with the student, carers, caseworker and other relevant staff such as school counsellor/psychologist or allied health professionals. The Learning and Support Team will also:
- communicate the personalised learning and support plan to a new school (as needed)
- review the personalised learning and support plan of newly arrived student, updating this within 30 school days.
Once the plan is finalised, and each time it is reviewed, the principal must provide a copy to the student, caseworker, carers and any agency with case management responsibility as soon as possible.
The Personalised Learning and Support web page provides further information to support development of a plan. Each plan should include:
- the child or young person’s academic, social, behavioural, cultural, emotional and wellbeing needs to improve student outcomes
- the strategies and actions required to achieve the identified student outcomes including relevant and available resources
- who will be responsible for implementing the strategies or providing identified resources or support
- the timelines for implementing the planning
- monitoring strategies and responsibilities
- review dates, including annual review date.
Plans should:
- be collaborative, meaningful and builds on and responds positively to the student’s learning history, including their life experience, cultural, linguistic, religious or spiritual beliefs, gender and socio-economic background
- be age and developmentally appropriate
- be flexible and future orientated
- be a strength-based and focus on a student’s access to curriculum, participation and the support required to achieve on the same basis as their peers
- aim to retain the student at school
- clearly articulate roles and responsibilities
- provide/document information on student progress
- contain a record of important decisions and actions
- be reviewed at least annually and when the student’s needs or circumstances change
- be developed by teachers in collaboration with the student, carers, caseworker and other relevant staff and appropriate stakeholders.
Record-keeping requirements
Securing sensitive information
- Under Section 105 of the Children and Young Persons (Care and Protection) Act 1998 it is prohibited to publish information identifying that a child or young person is or was in OOHC or under the parental responsibility of the Minister without consent until the child or young person turns 25 years of age or dies, unless required by legislation or necessary for their safety, welfare and wellbeing.
- The learning and support evidence for students in OOHC should be kept in a secure place, available only to those staff who need this information to support the student and be included in the student’s record if there is a change of school.
- The department can provide NSW Health a copy of a student in out-of-home care’s personalised learning and support plan to contribute to the child or young person’s health assessment/health care plan.
Supporting tools, resources and related information
Policy contact
The Director, Behaviour and Student Participation, monitors the implementation of this procedure, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.