An RCP is a plan that includes arrangements for your child’s care, which often means they are living with someone else. If that is the case, it should outline how long a child is away from your care and how and when they will return. It outlines how your child’s health, educational, and cultural needs will be met and who has parental responsibility. The requirements for a RCP are outlined in Section 38 of the Children and Young Persons (Cere and Protection) Act 1998. A RCP has the power to change parental responsibility or give certain parts of parental responsibility to someone like a family member. This can only be done if you give consent to the Court to make this order and you understand it fully. Even though registered care plans are an option, they are rarely used by DCJ. It can only be used if DCJ has labelled your child as ‘At risk of significant harm.’ This is decided through an assessment. It is usually developed during (or as a consequence of agreements made) through the Alternative Dispute Resolution (ADR) processes, like Family Group Conferencing. Once everyone agrees on the Care Plan, it is shared with the Court and registered. The Court doesn’t decide if it agrees with the Care Plan, but it does become a part of the evidence in your case.
There is a difference between a ‘registered care plan’ and a Care Plan developed after a care application is filed. A Care Plan includes DCJ assessments and the arrangements for your child’s care, including your child’s needs (health, educational, cultural), and who has parental responsibility. All Aboriginal and Torres Strait Islander children who live in OOHC must also have an additional Cultural Care Plan. The care plan application is what DCJ gives to the Court before they choose to remove a child, as all children who live in out-of-home care must have a Care Plan. It is usually developed some time after the removal and following evidence being filed with the Court. Those Care Plans are generally not developed with a parent’s valued input (although, their views are incorporated at the end of the document). A registered care plan is different because it is registered with the Court without evidence being filed with the Court in the same way. As you are consenting to it, you are consenting to everything that’s in it.. The Court assumes you agree with the contents, including statements about your parenting ability, the safety concerns and the reasons for why the RCP is needed.
Before you agree or sign anything, talk to a lawyer. The Court must be satisfied that you have received independent legal advice about the registered care plan. As the RCP is a Care Plan developed with your consent, if you do not agree with what is in the RCP or feel manipulated by DCJ, they cannot say that you have consented to it. Talk to your lawyer about changing it and if a RCP is actually the right thing for your family.
Once registered with the Court, they become binding in the same way as other Court-filed Care Plans. As you have consented to the arrangements (which might include a period of time where the Department holds decision making for your child), you cannot simply back out of the arrangement – like you can with a TCA. They can use it as evidence against you if things change such as you not doing the tasks identified for you (through an application for a care order).
What are the opportunities? It can be used to avoid a full Court hearing.
A RCP should only be made if you consent to it. It cannot be forced on you by DCJ. In reality, a RCP can be used in a coercive way by DCJ, because it needs your consent and understanding, but parents also know that DCJ has the power to remove their children anyway.
DCJ is legally required to make ‘active efforts’ so that your child does not go into out-of-home care. This means they need to support you in the changes they want you to make. This might look like connecting you to services you believe will help you and providing transport or hands-on help in your home.
AbSec and our partners acknowledge the Traditional Custodians of Country throughout NSW and their continuing connections to land, waters, and communities. We also acknowledge the lands on which these stories were told, the lands of the Dharawal, Yuin and Wonnarua people.
We acknowledge the Elders, leaders and advocates that have led the way and continue to fight for our children. We also acknowledge the Stolen Generations who never came home and the ongoing impact of government policy and practice on Aboriginal and Torres Strait Islander children, young people and families.
This website shares the experiences and advice of Aboriginal families involved in the NSW child protection system who participated in the Bring Them Home, Keep Them Home research at UNSW. We acknowledge and thank the families who generously gave permission to share their stories.
These experiences reflect what worked for those families and do not constitute advice or views of AbSec. AbSec recommends seeking independent legal advice for your own circumstances.
