Guideline 4.1 – internal review of case plan decisions – DFFH
(a) Guideline guidance notes
For Victoria Legal Aid (VLA) to grant funding under:
- Guideline 4.1.1 – the applicant must be a child or parent in circumstances where there is a current reunification order, there is a case plan that does not support reunification and the other criteria of the guideline are satisfied, or
- Guideline 4.1.2 – the applicant must be a child in circumstances where there is a current protection order placing them out of parental care, and either the child seeks a case plan review under s305(2) or the child seeks an alternative placement, and the other criteria of the guideline are satisfied.
Examples of matters for which a person might seek review under guideline 4.1.1 (subject to the guideline criteria being met) include the provision of services in accordance with s276 of the Act, frequency of contact between a child and parent and placement of a child to better support reunification (such as placement with a grandmother if it would facilitate greater contact to assist with reunification).
Example - A person might seek review under guideline 4.1.1 (subject to the guideline criteria being met) so that the case plan includes the provision of services in accordance with s276 of the Act, or to increase the frequency of contact between a child and parent to better support reunification.
Example - A child might seek a review under 4.1.2 where they have experienced abuse or there is a risk to their safety in their current placement and an alternative placement decision is sought.
(b) Other eligibility criteria
If person is a parent – the VLA means test and State reasonableness test must also be met. Ongoing satisfaction of these criteria is required.
If person is a child – the VLA means test does not apply. If the child is initiating the internal review, then an assessment must be made as to whether the State reasonableness test is met.
(c) Grants assessment process
An application for a grant of legal assistance for an internal review of a case plan decision can be lodged via the ATLAS simplified grants ‘new application’ template. Note:
- in the ATLAS ‘Matters’ screen, select the:
- ‘Matter Group’ as ‘Children’s Court (Family Division)’
- ‘Matter Type’ as ‘Prot Order – Plan Review’.
- in the ‘Court Hearings’ screen, under ‘Are there any court proceedings’ select ‘No’
- in the ‘DFFH’ screen, under ‘Type of DFFH application’ select ‘Case Plan’.
(d) Documentary requirements
The lawyer’s file should include:
- a copy of the case plan decision to be reviewed
- a copy of the family reunification order or other protection order (as applicable)
- a copy of the most recent DFFH report
- clear notes (in a worksheet or separate file note) of the basis on which guideline 4.1 (including the reasonable prospects requirements), and the State reasonableness test, are met
- evidence in support of recommendations made to VLA, including:
- guideline 4.1.1 – how the proposed case plan changes would facilitate reunification within the legislated timeframe (as defined), such as evidence of:
- the provision of services in accordance with s. 276 and/or failure to provide services in breach of s. 276
- recent history of the frequency of contact between a child and parent
- opportunity for placement of a child with another person (such as an extended family member and how this would facilitate greater contact with a parent)
and the impact that a case plan change is expected to have on the likelihood of reunification.
- guideline 4.1.2 – the child’s views on the impact of the placement change, how the change in placement is not in the child’s best interests and supporting evidence of steps taken to confirm an alternative feasible placement.
- guideline 4.1.1 – how the proposed case plan changes would facilitate reunification within the legislated timeframe (as defined), such as evidence of:
- a copy of the documents prepared for internal review, including:
- advice provided to the client
- correspondence to DFFH in support of internal review and case plan changes.
- DFFH’s response to the internal review request and documentation confirming the outcome of any DFFH internal review
- all other relevant notes, supporting evidence and documents as identified in the Documentary requirements section.
Guideline 4.2 – external review of case plan decisions – VCAT
(a) Guideline guidance notes
For VLA to grant funding under:
- guideline 4.2.1 – the applicant must be a child or parent in circumstances where there is a current family reunification order, there has been an unsuccessful internal review of a case plan and the other criteria of the guideline are satisfied, or
- guideline 4.2.2 – the applicant must be a child (only) in circumstances where there is a current protection order placing them out of parental care, there has been an unsuccessful internal review of a case plan and the other criteria of the guideline are satisfied.
(b) Other eligibility criteria
If person is a parent – the VLA means test and State reasonableness test must also be met. Ongoing satisfaction of these criteria is required.
If person is a child – the VLA means teat does not apply. If the child is not initiating the external review, the State reasonableness test should be assessed as satisfied. If the child is initiating the external review, then an assessment must be made as to whether the State reasonableness test is met.
(c) Grants assessment process
An application for a grant of legal assistance for external review of a case plan decision can be lodged via the ATLAS simplified grants process:
- using the ‘new application’ template, or
- where a grant has previously been made for an internal review, using the ‘extension’ template.
Note:
- in the ATLAS ‘Matters’ screen, select the:
- ‘Matter Group’ as ‘Children’s Court (Family Division)’
- ‘Matter Type’ as ‘Prot Order – Plan Review’.
- in the ‘Court Hearings’ screen, under:
- ‘Are there any court proceedings’ – select ‘Yes – Intended’
- ‘When is the next hearing date?’ – can be left blank
- ‘Which court/tribunal do you have to go to?’ – select ‘VCAT’
- ‘Court Proceedings Number’ – enter the words ‘Not available’
- ‘Type of orders sought’ – enter ‘Final Orders’.
- the ‘DFFH’ screen, under ‘Type of DFFH application’ select ‘Case Plan’.
Satisfaction of the guideline criteria will be VLA assessed. Information to be included in the grant application is discussed in Documentary requirements.
(d) Documentary requirements
The ATLAS application should include or attach (as applicable):
- a copy of the case plan decision to be reviewed
- evidence of the unsuccessful internal review of the case plan (proof of matter)
- an explanation of the basis on which guideline 4.2 (including the reasonable prospects requirements), and the State reasonableness test, are met
- a copy of the family reunification order or other protection order (as applicable)
- a copy of the most recent DFFH report
- details of orders sought by the parties
The lawyer's file should include:
- a copy of the documents prepared for external review
- documentation confirming the outcome of the VCAT external review
- all other relevant notes, supporting evidence and documents as identified in the Documentary requirements section.
Updated