What works!? Evidence based practice in Child and family services NSW DoCS’ Alternative dispute...

What works!?Evidence based practice

in Child and family services

NSW DoCS’Alternative

dispute resolution ProgramFairness Openness Respect Trust Teamwork

Shift of focus from traditional litigation Shift of focus from traditional litigation to less adversarial formal settlement to less adversarial formal settlement alternatives (Giovannucci; 1997)alternatives (Giovannucci; 1997)

Current Research

What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program

McIssac (1991) reports that mediation McIssac (1991) reports that mediation permits parents to look at possible permits parents to look at possible solutions and also the consequences of solutions and also the consequences of their behaviour in a context that does their behaviour in a context that does not blame, but focuses on future not blame, but focuses on future solutionssolutions

Taking the least intrusive Taking the least intrusive

intervention wherever possibleintervention wherever possible

Theme - DoCS’ ADR Program


Working participatively with familiesWorking participatively with families

Working from a families strengths Working from a families strengths

perspective perspective

Focusing on futureFocusing on future

Enhancing communication within Enhancing communication within

the familythe family

DoCS’ mediation services are:DoCS’ mediation services are:

Aim - DoCS’ ADR Program


Respectful of those involvedRespectful of those involved

Timely and informedTimely and informed

Consistent with best practiceConsistent with best practice

Consistent with policy & procedureConsistent with policy & procedure

Address the safety, well-being & Address the safety, well-being &

welfare of child or young personwelfare of child or young person

Aim - DoCS’ ADR Program


ConfidentialConfidential

Assists where there is Children’s Court Assists where there is Children’s Court

involvementinvolvement

Makes best use of the family’s Makes best use of the family’s

strengths, integrity and functioningstrengths, integrity and functioning

NSW DoCS ModelDevelop a case or care plan or resolve

conflict

Internal ADR•DoCS considers ADR•Family agreement•May be legal proceedings•DoCS preferred approach

•Mediation based model•Confidential •Provided by DoCS ADR practitioners trained as mediators

•Neutral 3rd party

•Caseworker attends

External ADR•DoCS considers ADR•Family agreement •May be legal proceedings•Provided under special circumstances•Confidential

•Provided by fee for service practitioner

•Includes mediation & FDM

•Neutral 3rd party•Caseworker attends

Care application lodged (S65)

Court Initiated ADR•Care application lodged

•Court considers ADR (preliminary conference)

•Family agreement to attend ADR

•Neutral 3rd party

•Provided by Community

Justice Centre

•Report back to Court

•Caseworker attends

Mediation is a short-term future focussed process that centres on resolving concrete issues (Kruk 1997)

ADR Case Studies


Attendance by families to mediation is voluntary

ADR Practitioners work by consensus

The physical and verbal abuse of 13 year-The physical and verbal abuse of 13 year-old girl by birth mother’s defactoold girl by birth mother’s defacto

Family A - Profile


Defacto on home detentionDefacto on home detention

Removed from the home due to Removed from the home due to hostility of defacto & motherhostility of defacto & mother

Child placed with paternal grandmother Child placed with paternal grandmother (no contact with birth father or brother)(no contact with birth father or brother)

The Caseworker viewed this work as The Caseworker viewed this work as

essential and preventative in natureessential and preventative in nature

Family A - Profile


The Caseworker believed that if DoCS The Caseworker believed that if DoCS

provided the family with the opportunity provided the family with the opportunity

to ‘air’ their grievances and resolve the to ‘air’ their grievances and resolve the

underlying conflict, there may be the underlying conflict, there may be the

opportunity for Patricia to return home, opportunity for Patricia to return home,

which was her preferred choicewhich was her preferred choice

Family A - Concerns

Presenting concerns to be Presenting concerns to be mediated:mediated:


Power-imbalancePower-imbalance

ContactContact

Placement, short & long termPlacement, short & long term

Relationships Relationships

RestorationRestoration

CommunicationCommunication

2 mediation sessions2 mediation sessions

Family A - Outcomes


3rd session to occur when logistics sorted3rd session to occur when logistics sorted

Defacto goaled until the end of 2004 Defacto goaled until the end of 2004

but requested face-to-face session but requested face-to-face session

before agreeing to restorationbefore agreeing to restoration

Mother will permit child’s restoration Mother will permit child’s restoration

to family home only with defacto’s to family home only with defacto’s

permission permission

Family able to state needs & to Family able to state needs & to negotiate their ‘wants’negotiate their ‘wants’

Family A - Outcomes


Child / mother‘special alone time’, Child / mother‘special alone time’, less child care of stepsibling & more less child care of stepsibling & more time in her roomtime in her room

Mother wanted respectfulness & child to Mother wanted respectfulness & child to be responsible for her choresbe responsible for her chores

Chore schedule for everyone in the Chore schedule for everyone in the house that is mutual and all family house that is mutual and all family members to abide by itmembers to abide by it

Mediation was the least intrusive optionMediation was the least intrusive option

Family A - Outcomes


DoCS preferred child to return home DoCS preferred child to return home now in defacto’s absence & mother to now in defacto’s absence & mother to focus more on her daughter’s well-focus more on her daughter’s well-being and needsbeing and needs

Worked for this family - their decisions, Worked for this family - their decisions, care & protection needs were met, it was care & protection needs were met, it was time & resource effective & it worked time & resource effective & it worked from a family strengths perspectivefrom a family strengths perspective

Family B - Profile


Five children (ages: 7, 9, 11, 15 & 16 Five children (ages: 7, 9, 11, 15 & 16

years) - lived with birth fatheryears) - lived with birth father

Birth father admitted to a psychiatric hospital Birth father admitted to a psychiatric hospital

for an acute episode of mental illnessfor an acute episode of mental illness

3 youngest children reported to DoCS 3 youngest children reported to DoCS

Birth mother separated from the family Birth mother separated from the family

years earlier & unable to resume care of years earlier & unable to resume care of

children children due to chronic alcoholismdue to chronic alcoholism

Family B - Concerns


Long history of extended family conflict Long history of extended family conflict

Placement options for 3 youngest Placement options for 3 youngest children in short & long termschildren in short & long terms

Placement of 2 eldest children & Placement of 2 eldest children & school attendance school attendance

Support for father during contact, if Support for father during contact, if children did not live with himchildren did not live with him

Father’s parenting skills when Father’s parenting skills when with childrenwith children

Family B - Concerns


Level of supervision of children Level of supervision of children while with Fatherwhile with Father

Ongoing safety of the childrenOngoing safety of the children

Legal issuesLegal issues

Suitable to mediate due to:Suitable to mediate due to:

Family B - Profile


Family’s good faith to resolve care & Family’s good faith to resolve care & protection concerns protection concerns

Father able to focus on achieving the Father able to focus on achieving the best outcomes for his childrenbest outcomes for his children

Extended family committed to childrenExtended family committed to children

Family could build on existing capacity Family could build on existing capacity to meet children’s needs with support to meet children’s needs with support from DoCS & other professionalsfrom DoCS & other professionals

All family members attended to have All family members attended to have their say & contribute to the decisionstheir say & contribute to the decisions

Family B - Outcomes


Agreement took 2 mediation sessionsAgreement took 2 mediation sessions

1st session predominantly focused 1st session predominantly focused on where the children would reside in on where the children would reside in the short term the short term

Agreement for a 2nd session in two weeksAgreement for a 2nd session in two weeks

Consensus included decision to apply to Consensus included decision to apply to Children’s Court for the re-allocation of Children’s Court for the re-allocation of parental responsibility by consent under parental responsibility by consent under s.38 (2) of the Act s.38 (2) of the Act

Family B - Outcomes


When the family returned, they informed the When the family returned, they informed the ADR Practitioners & Caseworker that they ADR Practitioners & Caseworker that they had come up with their own care plan and had come up with their own care plan and only required DoCS ratification and supportonly required DoCS ratification and support

Family B - Outcomes


Allocation parental responsibility for Allocation parental responsibility for the 2 youngest children to maternal the 2 youngest children to maternal auntaunt Centrelink payments transferred to Centrelink payments transferred to auntaunt 2 youngest children to negotiate 2 youngest children to negotiate contact with Dad, in addition to the contact with Dad, in addition to the formal contact agreement for every 2nd formal contact agreement for every 2nd weekend and 1/2 of school holidaysweekend and 1/2 of school holidays

Agreements family lodged with Agreements family lodged with CourtCourt

Family B - Outcomes


Aunt and father to support each other Aunt and father to support each other in caring for the children. If either one in caring for the children. If either one has concerns they are to speak to one has concerns they are to speak to one anotheranother

3 older children to remain with father3 older children to remain with father

Father to continue with psychiatrist, Father to continue with psychiatrist, take medication and undertake blood take medication and undertake blood teststests

Family B - Outcomes


Father consents to Mental Health and Father consents to Mental Health and DoCS exchanging informationDoCS exchanging information

Father accepts local family support Father accepts local family support services services DoCS assists to arrange Centrelink DoCS assists to arrange Centrelink payments and provide food if payment payments and provide food if payment problemsproblems

Contact with mother as requested by Contact with mother as requested by childrenchildren

Family B and DoCS were able to:Family B and DoCS were able to:

Family B - Outcomes


Avert litigationAvert litigation

Re-allocate parental responsibility Re-allocate parental responsibility by consent and meet the care & by consent and meet the care & protection concernsprotection concerns

Negotiate placement & contact optionsNegotiate placement & contact options

Ratify decisions by DoCS and the Children’s CourtRatify decisions by DoCS and the Children’s Court

Family B and DoCS were able to:Family B and DoCS were able to:

Family B - Outcomes


Focus on the best interests of the childrenFocus on the best interests of the children

Work participatively to determine common goalsWork participatively to determine common goals

Enhance communication within the familyEnhance communication within the family

Plan how DoCS & family to work together in the futurePlan how DoCS & family to work together in the future

The benefits for families & for Caseworkers The benefits for families & for Caseworkers are hearteningare heartening

DoCS ADR Profile


ADR facilitates opportunity for family ADR facilitates opportunity for family to bring out & talk about the real to bring out & talk about the real issues in family & work through them issues in family & work through them for themselves in a way that would not for themselves in a way that would not occur in other decision-making avenuesoccur in other decision-making avenues

Results in insights that lead to Results in insights that lead to greater commitment to their decisionsgreater commitment to their decisions

DoCS ADR Profile - Process


IntroductionsIntroductions

Exploration of issuesExploration of issues

Explanations of rolesExplanations of roles

Decisions around what is to be discussedDecisions around what is to be discussed

Alone time with the ADR PractitionersAlone time with the ADR Practitioners

The resolution of issues and conflictThe resolution of issues and conflict

Drafting agreementsDrafting agreements

DoCS ADR Profile -BenefitsBenefits of ADR

Fre

qu

en

cy

1

7

5

12

8

10

3

9

Predominantly practice co- mediationPredominantly practice co- mediation

DoCS Profile - Practice


In-between time appears to benefit In-between time appears to benefit the family - time & space to reflect & the family - time & space to reflect & digest, to understand & to think digest, to understand & to think about resolution & agreementsabout resolution & agreements

Robust agreements & authentic Robust agreements & authentic informed decision-making by familiesinformed decision-making by families

Organic shift in practice to multi-session Organic shift in practice to multi-session mediations - many take 2 sessions mediations - many take 2 sessions (Relationships Australia & CJC)(Relationships Australia & CJC)

Averages 8 hours to complete a mediation, Averages 8 hours to complete a mediation, even with 2 or more sessions even with 2 or more sessions

DoCS Profile - Practice


Averages 3 ½ to 4 hours background workAverages 3 ½ to 4 hours background work

Averages 2 ½ to 3 hours face-to-face mediation time, with Averages 2 ½ to 3 hours face-to-face mediation time, with sessions one to 1 ½ hours eachsessions one to 1 ½ hours each

Travel time averages around 50 minutes per matter, longer for rural Travel time averages around 50 minutes per matter, longer for rural mattersmatters

DoCS Profile - Reason referral

Reason for referral for ADRF

req

ue

ncy

18181925262727

3036

47

57

82

DoCS Profile - Issues Mediated

Issues Mediated

After care

Undertakings

Health

School

Restoration

Safety

Financial issues

Rules

Care Plan

Support

Relationships

Legal Issues

Referral-Service

Referral-Assessment

Contact

Comm

unication

Placement

Fre

qu

en

cy

2

4

22

6

2223

8

2

76

1313

16

ADR is an ideal means to support ADR is an ideal means to support collaboration even when it can be collaboration even when it can be confronting for the ‘experts’ to confronting for the ‘experts’ to relinquish control and ‘hand back’ relinquish control and ‘hand back’ decision-making to families decision-making to families

Conclusion - ADR Program


Challenge is to build the use of ADR Challenge is to build the use of ADR into every day practice across DoCS into every day practice across DoCS that embraces best practicethat embraces best practice

Provide consistent & assessable Provide consistent & assessable mediation & ADR services for families mediation & ADR services for families where there is DoCS interventionwhere there is DoCS intervention

Evaluation & training 2002/3Evaluation & training 2002/3

Conclusion - ADR Priorities


Next 2 years - evidence based Next 2 years - evidence based research into the types of matters research into the types of matters mediated andmediated and outcomes for familiesoutcomes for families

Indigenous and Culturally and Indigenous and Culturally and Linguistically Diverse (CALD) issues Linguistically Diverse (CALD) issues are key areas over the next 2 yearsare key areas over the next 2 years

What works!? Evidence based practice in Child and family services NSW DoCS’ Alternative dispute...

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