Practice AdviceChild Safety Service

Family Group Conferencing Unique identifier:Effective

from:Review:

P16/0000795 Feb 20165 Feb 2018

This practice advice relates to CYS procedure/s: Family Group Conferencing

PurposeTo provide advice to Child Protection staff and facilitators when using Family Group Conferencing.Each family comes with its own unique history and relationships requiring a process that recognises and responds to these differences. The practice advice is intended to provide a foundation for good and consistent practice within which innovative practice and flexible service delivery can develop as circumstances require. Maintaining the integrity of the process will result in better outcomes for children and families.

Definition Family Group Conferencing is an independently facilitated process for family members to make informed recommendations and plans to address concerns about the child or young person’s safety and wellbeing, taking into account Child Protection worries. Family Group Conference Facilitator is an independent, qualified and trained person who is registered to facilitate Family Group Conferences under the Children, Young Persons and Their Families Act 1997. The Facilitator, who remains neutral, invites attendees, prepares attendees for the conference, facilitates family-led decision making during the conference and writes up outcomes arising from the conference for the consideration of the delegate from Child Protection Services.

Stakeholders may include The child or young person Parents and guardian Extended family and informal networks Carers Service providers Advocates The child’s Separate Legal Representative

Considerations

When should a FGC be used? FGCs are convened when it has been ordered by the court, because it is necessary before

making an application for legal orders under the Act, or because it has been requested by the child or their family.

FGCs can also be considered by Child Protection Services at any time as a way of safety planning, case planning and reviewing arrangements for a child or young person. Child Protection Workers (CPW) should explore with the family the possibility of making an FGC referral when decisions need to be made about a child, and when less formal and less-intrusive options such as family meetings are not appropriate.

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Making a Quality Referral for a FGCThe success of any FGC will partly depend on the involvement of the family in developing the referral and the information provided to the facilitator with the referral. The referral process should be initiated and completed in a timely way, so that decision-making and planning for the safety and care of a child is not delayed. To ensure a quality referral, child protection workers should also give consideration to: providing the family with an outline of the FGC process including the purpose, benefits and

timelines, as well as the voluntary nature of the conference and the roles of the people attending. Providing copies of the FGC information sheets is good practice as it can help support their understanding. Although it will be the Facilitators role to fully inform and explain the process to the family, it is important that the CPW can articulate how the FGC differs from other decision making processes used by Child Protection. The following points may be useful when talking to families and children:

o FGC is a way for families to lead decision-making in partnership with Child Protection. o FGC is a collective, not an individual, decision-making process. o FGC involves a widening of the circle to gather a network of people around the child. o FGC is a transparent process with all information necessary for planning for

children’s safety, stability and development being shared with the family as the process moves forward.

working with the family so they can participate in identifying suitable support people or advocates for children and family members at the FGC;

being available to answer any questions that the family might have about the FGC process, noting that this may not be at the time of the initial discussion;

explaining the purpose of the conference to the child or young person, asking for their involvement and helping them prepare what they would like to share at the conference;

making sure there is an up to date Signs of Safety Assessment Map and, if not, that the family at least understands the identified dangers for the child, why CPS is involved and what CPS need to see happen for the child to be safe.

checking with the family that all the contact details and the genogram is up to date so that the facilitator has relevant information about the relationships within the family; and

ensuring that the FGC Referral generated in CPIS includes accurate, relevant, comprehensive and up to date information before submitting it for approval.

Preparing for a FGCPreparation is a key element in the success of any FGC. The preparation phase includes identifying the best possible group of people to support the child, engagement and preparation of participants and planning the meeting. Good preparation will result in a better run FGC with better outcomes, and will reduce the risk of conflict for all participants. When preparing for a FGC, the facilitator should incorporate the following planning considerations:

FGC Attendees

In addition to the people specified in the Act that must be invited to a FGC, the facilitator will consider advice from the key participants and use his or her discretion to decide who

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else will be invited that might contribute to a positive outcome. Widening the participation can mean a greater network of people are involved in the

family plan and can help in various ways to ensure the safety of the child. It is important that the child or young person is involved in this process to ensure that their

views of who is included, especially those people who the child or young person sees as supportive and important in their lives These people might include:

o members of the child's immediate and extended family; o family friends, neighbours or other people with a significant relationship to the child; o any person who has been providing counselling or assistance to the child or the

child's family;o members of Aboriginal or cultural organisation or community;o education staff including teachers, principals, school social workers or support staff;o a support person for the child if a formal advocate hasn’t been appointed;o the carer for the child (if inviting a carer also invite a representative from the

relevant Out of Home Care team or independent care organisation to support the carer);

o support people or advocates for family members; and o professionals and service providers with information relevant to the purpose of the

family conference. As a part of careful and thorough preparation, facilitators should explore each participant’s

motivation in attending the meeting and clarify their role or potential role in the meeting and whether or not their participation will be helpful to the child and the process. It is also useful to explore any reservations participants have about attending including strained family relationships, fear of exposing information to the other family members or shame. This information can be used to assess any potential risks, including; physical harm, emotional harm and harm to the process.

If invited people are not able to attend, the facilitator can offer them an opportunity to communicate their views to the conference through recording, letter, statement, advocate, telephone or other agreed upon means.

Information sharing during preparationThe facilitator will need to be mindful of what information needs to be shared with participants so that participants are able to make informed decisions. Thorough preparation will mean that there are no surprises at the FGC. Sharing information about the protective concerns with those invited will enable them to

start thinking about and discussing options prior to the FGC. Information shared should be appropriately limited to what the worries are, what is

working well and what the goals are. It is not helpful to share information on the various views as to what the plan should or shouldn’t be prior to the meeting.

Involving children and young people

The Children, Young Persons and their Families Act 1997 includes principles in relation to 4

participation of children in decision making. If a decision is made under the Act in relation to a child, the wishes and views of that child should be taken into account, having regard to the child’s maturity and understanding. The child should be provided with adequate information, adequate opportunity and adequate support to express his or her wishes and views freely.

Children and young people can be involved in all stages of the FGC process depending on their developmental stage, their ability and their wishes.

o They may be involved in the preparation stage by consulting with the facilitator about invitees and arrangements;

o Some children like to attend for part or all of the conference, while others find it too confronting and prefer not to attend at all. Whether the child is present or not, they can nominate someone else to speak on their behalf.

o They may provide information that they think the adults need to know in order to make a good plan. This information may be expressed verbally by the child or their advocate, written down or communicated to the facilitator. Very young children sometimes need the assistance of someone who knows them well and understands their communication.

Children and young people should be involved in decisions and the creation of plans that concern them even if they choose not to attend the FGC.

It is the facilitator’s role to determine how children will be involved, not whether they should be involved. Options include:

o Using age appropriate Signs of Safety tools such as the three houses or the fairy/wizard tool to engage with a child before the FGC to understand their views and wishes. With advanced planning and permission from the child, these completed pictures can be presented to the group. They can be read to the group by any person, including the child, or a played to the group via a video or voice recording of the child describing their pictures and explaining their views;

o Making a tape recording of the child to be played at the start of the meeting;o Asking the child to draw a self-portrait to put on the wall during the meeting;o Organising a teleconference or videoconference so the child can listen and

participate from a separate location; oro Use of a whiteboard and engaging children through drawings.

Advocacy and support for family members

The child’s family and other people interested in the child’s wellbeing should be provided with sufficient support to present their views. The Facilitator should discuss the need for advocacy and support with the participants and, if required, encourage them to nominate a person themselves. If appropriate, the facilitator can provide information about available advocacy services.

If support people are identified; the facilitator should talk with them about their role in the FGC (being neutral and helping the family member/child to have their views heard), and explain that they can ask for a break in order to speak privately with the person they are supporting if they are having difficulties.

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Including advocates and separate legal representatives for the child

Children and young people need support to express their views. Unless the facilitator is satisfied that the child or young person is mature enough to make, and has made, an independent decision to waive this right, a separate legal representative or advocate will be required. This may be the separate legal representative for the child if one has been appointed, or may be another person who the facilitators believes could advocate for the child.

A family member or other person who is known to the family may act as an advocate for the child. However, it is important that the facilitator is assured that this person has no other personal interest in the outcome other than assisting the child to understand and to be understood in their contribution to the family plan. If such a person cannot be located within the child’s network the facilitator can nominate a suitably qualified and experienced independent person for this role.

When determining whether the child or young person is mature enough, the facilitator may take into account:

o Does the child or young person understand the FGC process and its intent?o Is the child or young person confident enough and do they have the verbal skills to

present their thoughts and views in the FGC setting?o Does the child or young person understand the implications of their decision?

People who may be excluded from the conference

The facilitator isn’t required to invite the child, any guardian of the child or any other person to the FGC if the facilitator is of the opinion that it would not be in the best interests of the child. The facilitator can also exclude a person from the conference to ensure the physical or emotional safety of other conference participants.

Where a parent or other family member is excluded from the conference, the facilitator, or another person at the request of the facilitator, works to obtain the views of the excluded person and presents those views to the conference.

Sometimes parents may wish to exclude certain family members from the FGC. While Facilitators should explore and consider this, it is the facilitator’s responsibility to decide, based on the child’s bests interests and needs, who is to be invited. Facilitators should convey and reconfirm with parents that their wishes should not limit the child’s connections and relationships to their family network.

Family Violence

Many of the families referred to an FGC will have experienced family violence. Although there needs to be careful consideration of holding a meeting where there is a history of family violence, it does not necessarily preclude a meeting from being held or the perpetrator being excluded from the process.

In cases where there has been family violence, it is important for the facilitator to manage this carefully. The facilitator may seek advice from a family violence service or may request the attendance of an advocate or support person with specialist skills in the area of family violence.

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In preparing for the FGC it is important for the facilitator to:o operate within the constraints of any existing Family Violence Order or similar court

order restricting contact between participants;o consider whether to proceed with a conference, and who to include in the

conference;o discuss the issue of attendance and risk with both the perpetrator and victim of

family violence; o ensure that there is adequate safety and protection from all forms of violence,

including threats and intimidation prior to, during and following the conference; There are a also number of safeguards that facilitators can implement to ensure that

victims (adults and children) are supported and safe during the FGC:o having the victim nominate a support person to attend with them;o arranging rooms and seating to ensure that the victim feels comfortable and safe;o staggering attendance at the FGC if there are non-contact or family violence orders

in place;o development of a safety plan for private family time;o providing the option of a split FGC, where the victim and the perpetrator attend at

separate times with family members;o developing strategies for managing risk during the conference including ‘checking in’

at various intervals, adjourning the conference if there is evidence of violence and independently seeking assurance that the Family Plan has not been agreed under any level of duress.

Conferencing is intended to be an inclusive process. If, with appropriate supports, the victim is comfortable with the participation of the perpetrator (and the perpetrator has a significant role in the life of the child and their presence will be of value), it is considered beneficial that they each should be invited to attend.

If participation is not possible, the facilitator should engage with the perpetrator to gather views, and determine a way that is acceptable to the family to convey their input during the conference. Options for communicating the views of an absent party to the conference may include a letter, conference call or advocate attending on their behalf.

Interpreters and special needs

During the planning stage facilitators will need to consider any requirements for interpreters and special needs.

o Interpreters should be provided for participants, who speak languages other than English, or who are hearing impaired, and for children who may be prevented by language or disability from communicating their wishes. The facilitator should refer to the CYS Procedure Interpreting Services and contact the relevant Team Leader for information on how to arrange and fund interpreting services.

o The facilitator should also consult with participants to ensure that special needs, including, wheelchair access, special seating and dietary needs are accommodated.

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A culturally responsive FGC

Family group conferencing was established to recognise, respect and harness the unique strengths of cultural groups in caring for and protecting their children. Facilitators have responsibility to create a space where the family’s culture is not compromised. Culture in the context of FGC includes the patterns of behaviour, beliefs, values, custom and institutions that are associated with ethnicity/nationality/race/sexual identity/class/religion and language. When preparing for a FGC, the facilitator should:

o talk to the family about the way their family and community does things including what their values and natural support systems are such as extended kin, neighbours, and communities;

o work closely with the family on how to personalise the conference to reflect the beliefs, values and traditions of those participating. Accepting cultural roles and communication styles and incorporating foods and rituals of important cultural value into the conference can empower families by offering a sense of pride and ownership;

o Consider arrangements for any opening or closing rituals, and other ways to conduct the FGC in a way that fits with the family's culture. For example; the standard welcome to country can include the following statement: “I would like to acknowledge the traditional owners of the land on which we meet today and pay my respects to their elders past and present.”

Aboriginal children and their familiesIn addition to the guidelines provided above for planning for a culturally responsive conference, there are particular requirements under the Act in relation to decision making for Aboriginal children.

Aboriginal families, kinship groups, Aboriginal communities and organisations representing the Aboriginal people have a major self-determining role in promoting the wellbeing of Aboriginal children. Therefore, a kinship group, Aboriginal community or organisation representing the Aboriginal people nominated by an Aboriginal child’s family must be allowed to participate in the making of decisions in relation to the child.

The facilitator needs to be familiar with the nationally recognised Aboriginal Placement Principles when making decisions in relation to the placement of Aboriginal children and should ensure that in discussion and decision making, the FGC considers how these Principles which are outlined in Section 10G of the Act will be applied.

Time and place

The facilitator should work with the family to identify a time and date that works for the majority of participants. Conferences may be held at any time of day to ensure maximum participation, but should not be so late in the day that it prevents conference from being completed.

A venue should be one that is perceived as neutral by the family. The venue should be convenient, comfortable and include all necessary facilities such as a meeting room, a play area, a kitchen, and a room where the service providers can gather during the family private time.

Consideration also needs to be given to any technology requirements, particularly if 8

teleconferencing or video conferencing is required.

Supporting people to attendSome participants may need support to be able to attend the FGC. The facilitator should talk to the family about issues such as travel costs, childcare and

managing other care responsibilities and should support people to attend wherever possible. This may include consulting with the relevant Team Leader for advice and assistance if required.

If a parent or significant family member is unable to attend in person, consider other possible venues for video link-ups. Where attendance at the conference isn’t possible, the facilitator should arrange for the views of invited participants to be communicated to the conference by other means.

The FGC Process

Introduction phaseIt is the facilitator’s role to establish and maintain the meeting process, to guide and support participants and to ensure that the integrity and values of the process including respect, culture and partnership are not compromised. Setting the scene during the introduction phase of the meeting will assist with this and facilitators should give consideration to the following:

welcoming each participant individually as they arrive. This provides an opportunity to gauge how people are feeling and to discuss and anxieties or concerns before the conference starts;

discussing behavioural expectations such as respectful communication and solutions focus. A meeting agreement may be written on a whiteboard or posted on a wall as a visual reminder throughout the meeting on agreed expectations around behaviour and responses if the rules are not adhered to;

introducing any customs to be respected; explaining ‘housekeeping matters’ including food and drinks, breaks, toilets and safety

procedures so the conference is not interrupted; explaining the importance of focussing on the child’s future needs throughout the

decision making and planning process rather than judgment of past actions, recrimination or blame. It may be helpful for the facilitator to draw a diagram of past/present/future to show people visually where the focus of the conversation needs to be;

providing an option for participants to introduce themselves including their role and connection to the family;

if the child isn’t present in person, facilitators may place a photo of the child in a visible place, and/or ask the people attending to say something special about the child to the group. This can assist in establishing and maintaining a child focus throughout the conference.

Information sharing and discussion phaseDuring the information sharing and discussion phase the role of the facilitator is to assist family members to share their views and ask questions, to ensure everyone is provided with an opportunity to speak and to keep the process on track and moving forward. As a general

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rule, the facilitator’s voice should be minimal so as to encourage family participation and discussions with the whole group rather than directing information to the facilitator.

Using the Signs of Safety Assessment Map provides a framework to structure the discussion and allows all other participants to contribute to each domain. It will assist in clearly defining the issues, identifying safety and protection, acknowledging current and identifying future support networks, and defining goals.The facilitator may consider displaying or distributing the most up to date Assessment and Planning Tool for the child.

When child protection workers are providing information about the child’s circumstances and reasons why Child Protection Services are involved, they should explain in a way that everyone in the FGC can understand:

what has happened that they and the other staff at child protection services are worried about;

the strengths and demonstrated safety which have been identified; the agency goals regarding what needs to happen in the future. This may include

clear statements about non-negotiable factors for the protection of the child.

It is not appropriate for child protection staff to provide a plan or suggestions as to how the concerns should or could be addressed - it is the role of the meeting to develop a suitable plan.

Family group members should be encouraged to share their stories in relation to their understanding, involvement and connection to the child and family’s history and current concerns. Some of the information shared may be confronting for family group members and feelings of shame, guilt or remorse may need to be acknowledged.The family should be given an opportunity to identify what they think needs to happen for the children to be safe and form goal statements regarding the care and protection of the child. Getting the family to identify ‘next steps’ can provide a starting point for the plan and then be built upon during private family time.

In addition to safety planning around the specific issues at hand, it is important that the conference participants consider the broader needs of the child and how these will be met. These domains include:

heath; identity; family and social relationships; emotional and behavioural development; and self-care skills, including for older children their transition to independence

Families will need to know what formal resources and supports are available to them so they can include them in the plan where appropriate. The facilitator may ask professional and support people to provide information about services and supports available to the family and answer any questions the family has.The group should be encourage to consider and discuss what needs to happen to ensure that the needs of the child are met, who could take responsibility for this, how and when tasks could be done, and certain steps could be monitored and reviewed.

Throughout this phase of the FGC, it is important for the facilitator to: make sure the conversation stays focused on the best interests of the child and steer it

back if necessary; check in with all parties to make sure that everyone fully understands the information

that is being shared and discussed;

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make observations and check in with parties if necessary to make sure that everyone feels safe enough to present their views, and adjourn, enter into private time and offer support as necessary;

ensure that all the participants are provided an opportunity to share information and are encouraged to do so.

At the end of the information sharing and phase the facilitator should clarify for the family the worries and concerns that they will need to address. It may assist the family during private time if these are provided in writing. The facilitator should also check with participants to see how they are feeling and if any additional information is required.

Break TimeThe break time between the information session and private family time can be critical to the success of an FGC outcome. It provides an opportunity for family members to consolidate the information they have just heard, and provides a chance for family members to ask the professionals further questions informally. Shared meals and snacks can help to include the family’s cultural traditions in the process, and to break down barriers amongst attendees.

Facilitators should monitor the gathering and be aware of any tensions or anxieties within the group. While there isn’t a set break time, the facilitator will need to ensure there is enough time for participants to relax, yet not too long as to discontinue the momentum gained in the first phase.

Private family time and development of the family’s plan It is important that after the break, the family has private family time. It promotes family participation and empowers families to take responsibility for their child. It is their time to identify solutions to the issues presented and to document their approach in a plan. Family time often takes around 45 minutes, but the family can take as long as they need to.

For some families this will be a new and daunting experience. They may be reluctant to take the lead as decision makers given the complexity of the issues and concerns. But, families can demonstrate a high level of motivation and resourcefulness in making plans with the right tools, encouragement and support. The facilitator can assist in this process by:

checking that the family feels confident in what they’re doing and providing advice to the family about developing their plan;

explaining practicalities such as how to ask for assistance or information from the facilitator or other professionals;

providing a copy of the Signs of Safety Assessment Map to help them to build on strengths within the family and help identify their own goals and actions to address the safety concerns for the child;

Encouraging the family to consider some aspects of a solid plan, including:o that it has a enough detail and provides a clear about the what will be done, how,

where, when and by who; o that it is realistic;o that it is measurable by considering how it will be monitored and how everyone will

know that the plan is working;o that it considers the steps that everyone will take if the plan is going ‘off track’; and

what the contingency plan might be if aspects go wrong. giving clarification and providing additional information when required; assisting the family to document the plan if requested by using their exact words; ensuring that the child is provided with adequate information and explanation and has

the opportunity and support to express their views; and11

assisting the family to nominate a spokesperson to present the plan.

Resolution and closure of the conferenceThe aim of the FGC is to produce an overall plan that addresses the safety concerns, outlines tasks, responsibilities and time lines and is in the best interests of the child. It is likely that when the family presents their plan it is likely that other participants may want to seek clarification or propose changes to the plan to ensure that it meets goals, statutory requirements and any other relevant policy, procedural or practice consideration.

Allowing time and facilitating this discussion will increase the likelihood of the plan being approved and implemented and successfully achieving the goals in relation to the care and protection of the child.

Where a family has found difficulty in developing goals and a plan, the facilitator may encourage the family to consider other options, possibilities and exceptions and to build upon their strengths to respond directly to the identified concerns.

Where agreement has not been reached and the facilitator believes that additional participants or additional information is needed to reach agreement, the facilitator can adjourn the conference to allow this to happen.

Where agreement has not been reached the facilitator may determine that agreement will not or cannot be reached and close the conference,

Evaluating the FGC processEvaluating the FGC process is an important component to assist with assessing the effectiveness of the program and to identify opportunities for improvement. It also provides an opportunity for participants to individually express their views on the process.

Some participants may need assistance from another participant in completing written feedback forms, others may be more comfortable in discussing issues with family members or the child protection worker, or taking the form away with them to complete.

The preferred option is for forms to be completed on the day and sealed in an envelope addressed to the Conferencing Coordinator and left with the child protection practitioners to return. Finalising the feedback forms on the day of the conference ensures that they’re not overlooked or delayed and sealing the forms in an envelope increases the likelihood that participants will feel confident and able to provide honest feedback without causing offence.

Resources Signs of Safety Assessment MapSigns of Safety Three Houses ToolSigns of Safety Fairies and Wizards Tool

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