Grandfamilies. Department for Communities. A Resource Guide for Western Australian. Grandparents raising Grandchildren. Fourth Edition 2012

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1 Department for Communities Grandfamilies A Resource Guide for Western Australian Grandparents raising Grandchildren Fourth Edition 2012 Government of Western Australia Department for Communities Seniors and Volunteering

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3 Table of Contents Foreword - Minister s message 5 Introduction 6 Support and Planning 7 What to do first... 8 Emergency relief agencies... 9 Low cost food outlets Furniture and clothing...14 General counselling and support services...14 Grandfamily support groups Long-term planning Grandparents of children with special needs Carers Recognition Act Child Care Benefit...22 Support for kids...22 Camping opportunities...22 Legal and Custody Issues 25 Primary care of grandchildren Informal arrangements Formal arrangements...27 Child protection law in Western Australia...27 Family law Legal advice When parents demand access or turn up to remove children from a grandparent s care...35 Keeping notes...35 Access to birth certificates Children s passports What happens if you cannot get consent?...37 Making a will...37 Elder exploitation and abuse

4 Financial Assistance and Concessions 39 Australian Government benefits Family Tax Benefit Child Care Benefit Child Care Rebate One-off payments Schoolkids Bonus Supplementary Allowance Other assistance from Centrelink Pensioner Concession Card and Health Care Card Medicare Card Child support Disclaimer State Government concessions Child protection subsidy WA Seniors Card Accommodation 51 Department of Housing...52 Public rental housing...52 Bond assistance Rent assistance Private rental Retirement villages Child Care and Education 57 Child care Education Parenting 65 Communication tips...67 Culture and tradition...67 Understanding behaviour Managing parent visits...74 Tips for dealing with the visits...74 Tips for dealing with parents with alcohol and substance abuse problems

5 Child Development and Health 81 Child development Healthy Start for School Healthy eating habits Dental needs Immunisation Sexual health...87 Head lice...87 How do you treat head lice?...88 Child Safety 93 Safety in the home Child protection Signs of Safety meeting...97 Information technology Computers Internet access Children online Filters Spam Mobile phones Psychological Wellbeing 107 Depression Youth suicide Emergencies all hours Useful contacts Referral and counselling Information and support Substance Abuse and Gambling 117 Alcohol and drugs Youth gambling If I think my grandchild may have a gambling problem what should I do?

6 Appendix: 124 A-Z listing Acknowledgements Disclaimer Emergency numbers Personal numbers (e.g. local hospital, doctor etc)

7 Foreword - Minister s message Being a parent can be both positive and challenging. For a growing number of Western Australian grandparents, taking on the role a second time around and often at short notice, is life-changing. While there are many joys to be had in becoming a grandfamily, it can also be difficult emotionally, financially and physically. Good support and clear information can make a difference. This fourth edition of Grandfamilies: a resource guide for Western Australian grandparents raising grandchildren provides comprehensive and practical information on the services, supports and networks available to grandfamilies. It includes useful phone numbers, contact details and parenting tips and stories. The publication is also available online at The Department for Communities also funds the Wanslea Grandcare service which provides practical assistance, informal counselling and other information and support specific to grandfamilies. The Department for Communities Parenting WA program offers free help ranging from anxieties about a grandchild s behaviour to information about support groups or just to offer a friendly, non-judgemental ear. Trained staff are available via telephone 24 hours a day, seven days a week. I know grandfamilies, along with the agencies and community groups supporting and helping grandfamilies, will find this resource useful. Robyn McSweeney MLC MINISTER FOR CHILD PROTECTION; COMMUNITY SERVICES; SENIORS AND VOLUNTEERING; WOMEN S INTERESTS; YOUTH 5

8 Introduction The Department for Communities has produced this booklet to help Western Australian grandfamilies and to assist those who provide support and information to grandfamilies. The booklet begins with what grandparents might want to know when they start caring full-time for their grandchildren. The sections that follow cover a range of practical matters like financial assistance, accommodation and childcare and then shift to parenting and children s wellbeing and then, lastly, problems for young people such as substance abuse. Each section describes the services of government and non-government agencies that may be able to help. The booklet also provides the contact phone numbers and web address for each agency, so readers can find out more about the services they provide. This is the fourth edition of this booklet. If you become aware of information that could be included in future editions, please contact the Department for Communities on or info@communities.wa.gov.au. 6

9 1 Support and Planning What to do first 8 Useful contacts 9 Emergency relief agencies 9 Low cost food outlets 12 Furniture and clothing 13 General counselling and support services 14 Grandfamily support groups 15 Long-term planning 19 Grandparents of children with special needs 20 Carers Recognition Act Child Care Benefit 22 Support for kids 22 Camping opportunities: 22 7

10 What to do first If your grandchildren s arrival into your home was a surprise, you may be unprepared for their immediate needs such as food, clothing and bedding. Agencies that may be able to help include the Department for Child Protection, Wanslea Family Services, St Vincent De Paul Society, Anglicare WA and The Salvation Army. $ z $ When Joseph and Helen suddenly found themselves taking care of their grandchildren, their most pressing concern was how to put a hearty meal on the table. They had been used to smaller meals for many years and suddenly there were more, and hungrier, mouths to feed. They contacted Grandcare at Wanslea Family Services who put them in touch with Foodbank, a service that provides high quality, low cost food to families in need. $ z $ Grandparents often need extra support and encouragement from other family members, especially when they are still new to taking on the full-time care of their grandchildren. Grandparents may also benefit from connecting to local social support agencies and organisations, such as: Parenting WA grandparent support groups child care centres community centres Libraries, community centres or the Internet are good sources of free information about how to cope with the demands of parenting today. The Department for Communities also produces some helpful information. Information on topics such as parenting, seniors issues and child care is available on the department s website: 8

11 Useful contacts Parenting WA (Department for Communities) Parenting WA has a range of statewide and locally based services for grandparents, parents, carers and those who support them. There are Parenting Coordinators in various locations around WA who provide individual parenting discussions, group sessions and workshops. Parenting WA also has a telephone information service that operates 24 hours a day, 7 day a week. Anyone can call the Parenting WA Line for information and advice about parenting, child care services and caring for children up to 18 years of age. Freecall: or parentingwaline@ communities.wa.gov.au Parenting WA Library Parenting WA provides a free parenting library to families throughout Western Australia. The Parenting WA Library has a range of helpful books and DVDs on subjects of interest to grandparents, parents and kinship carers of children up to 18 years of age. Library members can borrow up to two items for a period of three weeks. Items are posted free of charge with a reply paid envelope to return the items. Freecall: (or call the Parenting WA Line) parentinglibrary@ communities.wa.gov.au 9 Emergency relief agencies You may need a referral letter to get emergency relief from organisations or agencies such as Wanslea Family Services or Centrelink. Contact the provider to check what you need. Wanslea Family Services Wanslea is a leading provider of services to children and families in Western Australia. The metropolitan branches are located in Armadale, Belmont, Hillarys Mandurah, Midvale and Rockingham, and the country branches in Albany and Bunbury. Phone: (metro branches) or (country branches) Freecall: Hours: 8.30am 5.00pm Monday to Friday support@wanslea.asn.au Centrelink (Department of Human Services) If you have no entitlement to a pension, benefit or allowance because of your assets but are suffering severe financial hardship the Department of Human Services (DHS) may be able to offer you payment under the hardship provisions. There are also payments available for crisis and special help. Note: Centrelink services are delivered by DHS. Contact DHS on to find out about recent changes to Centrelink operations. Phone: TTY:

12 Department of Human Services Grandparent Advisor The DHS Grandparent Advisor provides a direct service to grandcarers. This includes: assessing circumstances providing appropriate information about Centrelink payments and services providing information about other services and support available arranging appointments at the most appropriate/convenient DHS Service Centre to discuss eligibility for payments and/or services arranging referral to appropriate external agencies/organisations as required liaising with Centrelink staff to provide assistance with claims for payments and/or services as required. Freecall: TTY: Anglicare WA The emergency relief service offers help to support individuals and families in crisis through the provision of food vouchers, food relief and basic essentials. Anglicare WA can also provide referrals to other support services in your local area. Phone: Good Shepherd Centre (Anglicare WA) The Good Shepherd Centre is a community house that supports local individuals and families, helping to connect them with their community. It also provides emergency relief. Phone: Hours: 9.00am 1.00pm Monday to Friday (for emergency relief) Department for Child Protection (DCP) DCP provides assistance with child protection, crisis accommodation, family and domestic violence, family support services, financial crisis assistance, women s refuge information and youth support. Phone: Freecall: (country callers only) Metropolitan offices Armadale Cannington Fremantle Joondalup Midland Mirrabooka Perth Rockingham Country offices Phone numbers for country offices can be found on the DCP website or in the Business and Government White Pages under Department for Child Protection. 10

13 Crisis Care Crisis Care is the Department for Child Protection s telephone information and counselling service for people in crisis. It operates 24 hours, 7 days a week. Phone: Freecall: Family Helpline The Family Helpline is the Department for Child Protection s 24 hour, confidential, counselling and information service for families with relationship difficulties. Phone: Freecall: (country callers only) Men s Domestic Violence Helpline This is the Department for Child Protection s counselling and referral service for men with issues relating to domestic violence. It operates 24 hours a day, 7 days a week. Phone: Freecall: (country callers only) Women s Domestic Violence Helpline This is the Department for Child Protection s counselling and referral service for women with issues relating to domestic violence. It operates 24 hours a day, 7 days a week. Phone: Freecall: (country callers only) Australian Asian Association of WA (AAA) AAA helps support individuals and families in crisis through the provision of bill payments. Emergency relief is available for people from culturally and linguistically diverse background who have a Centrelink Concession Card or can satisfactorily demonstrate their low-income status. Perth or Joondalup Hours: 9.00am 5.00pm Monday to Friday austasia1@iinet.net.au UnitingCare West UnitingCare West is a community services agency of the Uniting Church offering a wide range of services, including emergency relief. Assistance is usually in the form of food cards or part payment of overdue utility bills. There is a high demand for this service, so appointments are necessary. Phone: Perth Fremantle Merriwa admin@unitingcarewest.org.au 11

14 St Vincent De Paul Society If you require emergency relief assistance in the metropolitan area, call between 9.00am and 1.00pm, Monday to Friday. For other areas contact one of the offices below. Albany Welfare Bunbury Welfare Busselton Welfare Dunsborough Welfare Geraldton Welfare Kalgoorlie Welfare Kwinana Welfare Mandurah Welfare Margaret River Welfare Pinjarra Welfare Rockingham Welfare Waroona Welfare More useful contacts Department of Human Services (DHS) The Department of Human Services provides a range of Australian Government payments and services to support families with their work and family responsibilities. Phone: (general information) or (family and parents) WA No Interest Loans Scheme (WANILS) WANILS provides no interest loans to eligible families or individuals on low incomes to purchase essential household items such as fridges, washing machines and hot water systems. Phone: or Hours: 8.30am 4.30pm Monday to Friday reception@wanils.asn.au Charity Link Charity Link is a collaborative charity organisation that provides the framework for more than one hundred and fifteen West Australian charities to work together. You can search Charity Link s online member list to find help or contact them directly. Phone: charitylink1@charitylink.org.au 12

15 Infoxchange Australia GreenPC GreenPC is an initiative of Infoxchange Australia. GreenPCs are recycled and refurbished used computers that are made available to those who might not usually be able to afford a new computer. To be eligible to purchase a GreenPC, customers must be holders of a current Health Care Card, Pensioner Concession Card or Disability Card, or be able to verify their low-income status in some other way. Phone: info@infoexchange.net.au Low cost food outlets Foodbank WA Foodbank is a charitable organisation that sources donated and surplus food from the food and grocery industry to distribute to welfare and community agencies that provide food assistance to people in need. The Foodbank WA network includes regional centres in Albany, Bunbury, Geraldton, Kalgoorlie-Boulder and Peel, as well as Perth. Contact Wanslea to register for referral. Phone: (Perth head office) Second Harvest Australia Second Harvest supports a network of six metropolitan Food Centres in WA. They are are not-for-profit and run by volunteers. These Food Centres provide low cost groceries and household products to those in need. Phone: admin@secondharvest.com.au Carlisle Food Centre Cnr Star and Archer Streets, Carlisle Phone: Hours: 9.00am 2.30pm Wednesday and Thursday Foothills Food Centre Hale Road, Forrestfield (Opposite Red Rooster) Phone: Hours: 9.00am 12.00pm Thursday and Saturday Kelmscott Food Centre (opened together with Southside Care) 18 Gillam Drive, Kelmscott Phone: Hours: 9.00am 12.00pm Monday, Thursday and Friday; 5.00pm 7.00pm Friday evening Mankara Food Centre 54 Bickley Crescent, Manning Phone: Hours: 8.30am 2.00pm Monday to Friday 13

16 Portcare Food Centre Corner Hampton Road and Wray Avenue, Fremantle Phone: Hours: 10.00am 4.00pm Monday to Friday; 9.30am 1.30pm Saturday Rockingham Food Centre 7 Willmott Drive, Cooloongup (Rockingham) Phone: Hours: 9.30am 1.30pm Tuesday; 8.30am 12.45pm Wednesday to Friday Furniture and clothing There are many charities that sell second-hand clothing and furniture at low cost. For instance, St Vincent De Paul has Vinnies Retail Centres and Good Samaritan Industries has Good Sammy Stores. The Salvation Army and Anglicare WA also have numerous retail outlets. Check the Yellow Pages for details. Also, don t forget garage sales a great way to find a bargain. ParaQuad WA holds garage sales every three months, and advertises them in local newspapers and on its website: General counselling and support services CentreCare Centrecare offers extensive outreach and specialised counselling services both in metropolitan and regional areas. They also provide family dispute resolution services and indigenous specific services. Phone: enquiries@centrecare.com.au MAITRI Mental Health Service MAITRI was established by the Multicultural Service Centre of WA and provides professional mental health services with culturally appropriate assessment, intervention and management including referrals. Commonwealth Health Care Card holders are charged $10.00 per session. Others are charged on a sliding scale based on their income. Phone: or maitri@mscwa.com.au Relationships Australia (Western Australia) Relationships Australia provides counselling, family dispute resolution services (mediation) and a range of family/community support and education programs. Phone: info@wa.relationships.com.au 14

17 The Salvation Army It offers a wide range of services from drug and alcohol rehabilitation and crisis accommodation to employment assistance and professional counselling. The Salvo Care Line is a 24 hour phone counselling service. Salvo Care Line: Phone: or 13 SALVOS UnitingCare West UnitingCare West is a community services agency of the Uniting Church that offers a range of services to support families in crisis. Phone: admin@unitingcarewest.org.au Medicare (Department of Human Services) The cost of psychological counselling for children can be claimed from Medicare. However, you must have a referral from your doctor or allied health practitioner. Note: Medicare services are delivered by the Department of Human Services (DHS). Contact DHS on to find out about recent changes to Medicare operations. Phone: or (state headquarters) TTY: medicare@humanservices. gov.au Grandfamily support groups There is a big difference between visiting your grandchildren for Sunday lunch and bringing them up full-time. You are going to have your hands full and have some adjusting to do, and you won t be the only ones. Your grandchildren will also have some adjusting to do, as they get used to your way of doing things, your routines and your rules. There are many stresses that grandparents and grandchildren face while adapting to the change in circumstances. Often, the children arrive on their grandparents doorstep with more than their fair share of emotional baggage. It is normal, during this transitional time, for children, parents and grandparents to all experience feelings of: confusion insecurity anger sadness or grief guilt relief. Grandparents often find that their lives change when they take on this unplanned role. Bringing up a second family may be stressful and tiring, so don t try to do it alone. Reach out and ask for assistance. Talk to other grandparents, join a support group or even work with a therapist. You are filling a vitally important role in your grandchildren s lives but you need to care for yourself as well. 15

18 So make the most of every opportunity you get to recharge your batteries and stay connected. It is very important for your own health and wellbeing that you stay in touch with other family members and friends and keep up sporting and other recreational activities and hobbies. The following are support groups for grandparents who are caring their grandchildren. They share information and provide support and social contact with others in similar situations. Grandcare (Wanslea Family Services) Grandcare is a program designed to support grandfamilies. The service includes an 1800 telephone line offering practical assistance, informal counselling and information for grandparents about child management, education and financial support. It also includes links to other community resources, support networks, personal development training and a variety of ongoing grandparenting skills. There are currently nine support groups, and they are located in Albany, Armadale, Belmont, Bunbury, Fremantle, Mandurah, Midvale, Mindarie and Rockingham. Phone: Freecall: support@wanslea.asn.au Grandparents Rearing Grandchildren (WA) This is a support group for grandparents who, for many reasons, are full-time parents again rearing their grandchildren. They meet monthly (second Tuesday of each month), and they hold regular coffee mornings and Sunday picnics. Phone: or enquires@grandparents rearinggrandchildren.org.au grandchildren.org.au MyTime for Grandparents The Commonwealth Government funds MyTime for Grandparents support groups. They offer support for grandparents who are full-time carers. To find your nearest MyTime support group search the website for details of groups currently running or phone the number below. Freecall:

19 Ngala Family Resource Centre Ngala is the lead agency for MyTime programs in WA. These groups are for any parent or carer of a child (up to the age of 16) who has a disability, chronic health condition or other complex need. Phone: Freecall: (country callers only) mytime@ngala.com.au North Side Grandparents Support Group This support group is for grandparents who have at least 70 per cent care of their grandchildren. The group has monthly meetings in Clarkson, and children are welcome to come along too. Phone: Hours: 9.00am 4.00pm Monday to Friday nsgsg@bigpond.com More useful contacts Mental Health Carers Arafmi (WA) Inc. (formerly ARAFMI Mental Health Carers and Friends Association) Arafmi provides carers support groups for people who care for someone with a mental illness in Perth, Whitfords, Midland, Mandurah, Fremantle and Rockingham. Professional family support counsellors are free and available for one-to-one counselling either by telephone or in person. Phone: Freecall: (country callers only) Hours: 8.30am 4.30pm Monday to Friday Kwinana Early Years Services (KEYS) KEYS is a not-for-profit organisation that runs a number of free programs and services for children from birth to 12 years of age and their parents or caregivers in Kwinana. Phone: Hours: 8.30am 4.00pm Monday to Friday info@keyswa.org.au 17

20 Playgroup WA Playgroups are a group of parents or grandparents with children and grandchildren aged from newborns up to school age that meet regularly to play and learn together. They are low cost and lots of fun. Grandparents Playgroup is a place where grandparents support each other at informal meetings and enjoy special time with their grandchildren. They meet on Mondays between 9.30am and 11.30am. Phone Playgroup WA for the contact number of the playgroup in your area. Phone: Freecall: Hours: 9.00am 4.30pm Monday to Friday hotline@playgroupwa.com.au Grandparents Raising Grandchildren This is a New South Wales website that provides information and advice for grandfamilies. Phone: (02) Raising Children Network The Raising Children Network was developed by a partnership of member organisations comprising Australia s leading early childhood agencies. Its website covers a wide range of parenting topics and provides information that is research-based and up-to-date. Meerilinga Meerilinga is a not-for-profit organisation that provides a range of services such as resources, home visiting, telephone support and advice for families. Phone: Council on the Ageing (WA) Inc. (COTA WA) COTA WA is an independent body that provides advocacy, services, training and information for seniors in WA. Phone: or Hours: 8.30am 5.00pm Monday to Friday admin@cotawa.org.au Seniors Portal This is the Australian Government s online resource for Australians over fifty. It provides a single point of access for government and non-government information and services for older Australians. Phone: (Aged and Community Care InfoLine) admin@seniors.gov.au 18

21 Women s Information Service (Department for Communities) A group of fully trained and dedicated volunteers staffs this free and confidential service. Common enquiries include those concerning legal matters, finances, health issues, counselling and domestic violence. Freecall: Hours: 9.00am 5.00pm Monday to Friday wis@communities.wa.gov.au Long-term planning Long-term planning is vital for children s stability and emotional wellbeing. If you continue to provide full-time care for your grandchild there are a number of important issues to consider and perhaps discuss with other family members, appropriate support groups or service providers: Will your health allow you to cope with the rigours and demands of caring for a grandchild? Could you look at sharing responsibilities with other members of the family? Perhaps another son or daughter who has children may be willing to raise this child with his or her own children. Would your grandchild benefit from counselling or professional assistance? How do you balance your concerns for your grandchild with the possible damage legal proceedings may have on your family relationships? Could discussion or mediation be a better way to address your concerns or situation rather than through the legal system? Children have a right to love their parents and grandparents and should not feel they need to choose between them. What steps do you need to take to avoid criticising their parents and adding to the child s distress? 19

22 What type of education is desirable and do you need to enrol the child early? Can your house accommodate a larger family? Who will care for the grandchild if you are no longer able to do so? Have you made provision in your will for the grandchild s future care? What are the legal issues involved in raising your grandchild? It is advisable to keep records: Write down the names and phone numbers of lawyers, social workers, doctors and the local Department for Child Protection office and information for school. Keep notes of relevant incidents or assistance you have sought for your grandchild in case you need evidence in future to prove your claims in mediation or in court. Your notes might include dates your grandchild attended counselling, dates of school support sessions or incidents where a parent fails to take the child for a prearranged visit. Keep copies of all your correspondence. Grandparents of children with special needs As a grandparent of a child who has a disability, chronic illness or mental illness there are additional support services available, and you may be entitled to respite. Respite care offers the opportunity for both yourself, and the grandchild you care for to take a break. This may be for a few hours, a day, a night or a few weeks. You can get further information by telephoning Carers WA, Mental Health Carers Arafmi (WA) or a Commonwealth Respite and Carelink Centre. Carers WA Carers WA is a non-profit community based organisation that represents carers' interests in the Western Australian community. The Department for Communities provides funding to Carer s WA for: The Carers Counselling line The Linking Together service which provides social networking opportunities for carers Short Breaks funding for groups of carers to take time out from their caring role Young carers in schools Carers WA also provides information and advice, carer workshops, and a program for young carers. 20

23 Phone: Freecall: (24 hour carer counselling line) Hours: 8.30am 4.30pm Monday to Friday Mental Health Carers Arafmi (WA) Inc. (formerly ARAFMI Mental Health Carers and Friends Association) Arafmi provides carers support groups for people who care for someone with a mental illness in Perth, Whitfords, Midland, Mandurah, Fremantle and Rockingham. Professional family support counsellors are free and available for one-to-one counselling either by telephone or in person. Phone: Freecall: (country callers only) Hours: 8.30am 4.30pm Monday to Friday Ngala Family Resource Centre Ngala is the lead agency for MyTime programs in WA. These groups are for any parent or carer of a child (up to the age of 16) who has a disability, chronic health condition or other complex need. Phone: Freecall: (country callers only) mytime@ngala.com.au 21 Commonwealth Carer Respite and Carelink Centres Commonwealth Respite and Carelink Centres provide a single point of contact for the general public, service providers and health professionals for information on community, aged and disability services and carer support. The centres can also assist with information about costs for services, assessment processes and eligibility criteria. They can also advise grandparents who are the primary carers of a child with a long-term disability about the National Respite for Carers Program, which allows carers to take time out from their caring role. Freecall: and (for emergency respite outside normal hours) TTY: Carers Recognition Act 2004 The aim of the Carers Recognition Act 2004 is to recognise the role of carers of people with a disability or an ongoing illness in the community and provide a mechanism for carers to be involved in the decisionmaking processes that affect them. The Act requires that public health and disability service providers involve carers in decision-making processes that affect the carer. For information about the Carers Recognition Act 2004 visit: serviceareas/carers.

24 Child Care Benefit The Australian government's Child Care Benefit helps with the cost of approved child care whether it be long day care, family day care, occasional care, outside school hours care, vacation care or registered care. Grandparents who pay for the cost of approved child care may be eligible for the Child Care Benefit. The Child Care Benefit can be claimed as either reduced child care fees or as a lump sum payment at the end of the financial year. You are limited to 24 hours care per child per week unless you and/ or your partner meet the work, training, study test for the Child Care Benefit. If you meet the test, or an exception applies, you can get up to 50 hours care per child per week. Contact the Department of Human Services on for more information. Support for kids Big Brothers Big Sisters Program (YMCA) The Big Brothers Big Sisters Program is based on the development of a long-term, supportive, one-to-one friendship between an adult volunteer and a young person aged 7 to 17 years. The program aims to promote the positive development of young people and to prevent the problems experienced by young people from escalating. Once accepted, the young person is placed on a waiting list until a match with a suitable volunteer can be found. Phone: bbbs@ymca.org.au Camping opportunities The Department of Sport and Recreation The department provides information and will make bookings for camps and recreation programs at the following sites: Bickley Outdoor Recreation Camp, Point Walter Recreation and Convention Centre, Ern Halliday Recreation Camp and Woodman Point Recreation Camp. Holiday programs are offered at both the Ern Halliday Recreation Camp and Woodman Point Recreation Camp. Phone: Hours: 8.00am 5.00pm Monday to Friday campinfo@dsr.wa.gov.au Edmund Rice Camps for Kids WA Inc. This organisation provides camps and other recreational and developmental activities for kids aged 7 to 16 who are at risk or experiencing some form of disadvantage. Phone: Hours: 9.00am 5.00pm Monday to Friday 22

25 The Cool Camp (Celebrating Opportunities of Life Program) This camp brings disadvantaged young people from across WA together to learn about themselves and make new friends. The program is for 10 to 17 year olds. Phone: Hours: 10.00am 4.00pm Monday to Friday Kids Camps Kids Camps run recreation and respite camps for children aged between 6 and 18 years old who have an intellectual disability. Phone: Hours: 9.00am 4.00pm Monday to Friday coord@kidscamps.org.au St Vincent de Paul Society Camps Vinnies Youth run camps for disadvantaged children aged 8 to 15 during school holidays. Phone: Other services Visit the Department for Communities website ( for a list of other recreational and youth development services Useful contacts Disability Services Commission (DSC) The Disability Services Commission is the State Government agency responsible for advancing opportunities, community participation and quality of life for people with disabilities. Phone DSC or view the website for more information. Phone: Freecall: (country callers only) TTY: Hours: 8.00am 5.00pm Monday to Friday dsc@dsc.wa.gov.au Child Australia Child Australia provides programs and services that facilitate access to child care services for all children including those with additional needs. The organisation also provides resources and training to help caregivers and families. Phone: admin@childaustralia.org.au 23

26 Aboriginal Grandparent and Family Support Services Part of Women s Health and Family Services, this service aims to support and strengthen Aboriginal grandparents and their families through the generations. The program provides information, advocacy and referrals as well as group activities, respite camps (for the family) and peer support groups. Phone: Freecall: (country callers only) info@whfs.org.au Foster Care Association of Western Australia Inc. It aims to promote the interests of foster carers in Western Australia, and delivers services to foster carers and their families that enhance their ability to respond to the challenge of fostering. Phone: Freecall: (country callers only) Hours: 9.00am 5.00pm Monday to Friday admin@fcawa.com.au Health and Disability Services Complaints Office (formerly Office of Health Review) It is an independent and impartial agency that offers assistance to resolve complaints with health and disability service providers. Phone: Freecall: (country callers only) TTY: mail@hadsco.wa.gov.au 24

27 2 Legal and Custody Issues Primary care of grandchildren 26 Informal arrangements 26 Formal arrangements 27 Child protection law in Western Australia 27 Family law 29 Legal advice 30 When parents demand access or turn up to remove children from a grandparent s care 35 Keeping notes 35 Access to birth certificates 36 Children s passports 36 What happens if you cannot get consent? 37 Making a will 37 Elder exploitation and abuse 38 25

28 Sometimes grandparents are not sure about the legal aspects of their role. It is important to understand the nature of the relationships recognised in a court of law. Primary care of grandchildren Children may come into the primary care of their grandparents in two ways. The first is through an informal, private arrangement made within the family; the second is through a formal arrangement with the child welfare authority or court system. Informal arrangements Grandparents often assume informal full-time care of grandchildren in response to an emergency. These grandparents take on the responsibility of parenting their grandchildren and may be eligible for financial assistance (see the Financial Assistance and Concessions section). Informal arrangements may be formalised by applying to the Family Court for a parenting order. You may like to consider some of the following scenarios and try to resolve them before a crisis arises: Are you happy with an informal arrangement? Have you considered what may happen if you and the child s parents disagree on what is best for the child? How would you respond if the parent suddenly decided to remove the child? 26

29 The Department for Child Protection (DCP) is not usually involved in situations where families make their own family care arrangements unless there is a concern for a child s wellbeing. If you do take on full-time informal care of your grandchild where DCP has had prior involvement with the family due to concerns for the child, you may be eligible for a one off establishment payment. This payment may be made to grandparents as an outcome of an official meeting and planning session with the parent/s and staff from DCP but only after DCP has assessed that there is no requirement to take legal or court action to safeguard the child, as a consequence of the agreed upon plan. One of the child s parents must agree to the family care arrangement. Parental responsibility remains with the parents. This payment is provided to assist with the initial set up costs for the child such as furniture, bedding and clothing. Eligible grandparents may wish to refer to the brochure Establishment Payment to informal relative carers: Information for grandparents and other relatives, which is available on the DCP website, Formal arrangements Child protection law in Western Australia The Department for Child Protection (DCP) has the central role in providing for the protection and care of children throughout Western Australia. This is ultimately best achieved in partnership with the child s family, other government agencies and the community services sector. DCP is governed by the Children and Community Services Act The Act is child focused, as reflected by the overarching principle that the best interests of the child are paramount. The Act provides for matters that must be taken into account when determining what is in a child s best interests. The objectives of the Act are to: promote the wellbeing of children, other individuals, families and communities acknowledge the primary role of parents, families and communities in safeguarding and promoting the wellbeing of children encourage and support parents, families and communities in carrying out that role 27

30 provide for the protection and care of children in circumstances where their parents have not given, or are unlikely or unable to give, that protection and care protect children from exploitation in employment. If a child is found to be in need of protection and care, DCP will intervene and bring the child into the care of the Chief Executive Officer (CEO). The CEO may arrange for the placement of the child with another person. The Act requires that the person with whom the child is placed, is assessed and approved to take on this role. Sometimes grandparents are assessed and take on this role. In these circumstances, the grandparents receive a subsidy from DCP to assist with the cost of raising their grandchild/ grandchildren. This payment is non-taxable and non-means tested. DCP may apply for a protection order (special guardianship) as part of the initial protection application or as an application to revoke an existing protection order and instead make a special guardianship order at any time. There are no time conditions imposed on this occurring. A grandparent can make a direct application to the Children's Court for the protection order (timelimited or until 18) to be revoked and be replaced with a special guardianship order provided: the child is in the CEO s care via a protection order (time-limited or until 18), and they have had the continuous care of the child for at least two years from the time the protection order (time-limited or until 18) was granted. For further information about the Children and Community Services Act 2004, you may wish to contact the Department for Child Protection. Department for Child Protection (DCP) DCP provides assistance with child protection, crisis accommodation, family and domestic violence, family support services, financial crisis assistance, women s refuge information and youth support. Phone: Freecall: TTY:

31 Family law In Western Australian, the Family Court (and the Magistrates Court in rural and regional areas) deals with family law matters. Family law includes matters relating to divorce, financial settlements and custody of children. The courts make decisions about family law applications and can help the parties involved to access counselling, conciliation and mediation services as well. They also have a range of brochures and booklets about family law and how to manage some of the many difficulties that arise when families break up. In family law proceedings, parties are encouraged to reach their own agreement both before and during court proceedings. The Family Court offers counselling and mediation services and can also provide parties with referrals to outside agencies that can help them reach an agreement. Unless an exception applies, they must have a certificate signed by a family dispute resolution practitioner before they may make an application in the Family Court. For more details on the process, see the court s website. If agreement cannot be reached, the court is required to make a decision and must make the decision that it considers to be in the best interests of your grandchildren. If you have reached agreement about your grandchildren with their parents, you may file an Application for Consent Orders in the Family Court. Orders will be granted if the court decides it is in the best interests of your grandchildren. You do not need a certificate from a family dispute resolution practitioner to file an Application for Consent Orders. Grandparents who are considering applying to a court are required to have considered family dispute resolution options unless an exception applies such as in the case of consent orders where you have reached an agreement with the parents. You can get the necessary application forms and other documents from the Registry of the Family Court of Western Australia. Family Court of Western Australia The Family Court deals with family law matters such as divorce, matters relating to children, maintenance and adoptions. You can download a range of kits, forms and brochures regarding family law from the Family Court website or you can phone and ask them to be sent to you. Phone: Freecall:

32 Legal advice As with all legal matters you are advised to take independent professional legal advice before filing your application. You may be able to apply to legal aid for advice and representation in your case. To be eligible for legal aid representation you must meet a means test, a merit test, and have a case that falls within legal aid guidelines. Legal Aid WA has a coordinator and duty lawyers at the Family Court. You can obtain a referral to the service from court staff. The Family Court and Legal Aid WA also have a range of information sheets brochures and kits that can be ordered by telephone or accessed via the Internet. Alternatively, you can visit one of the many Community Legal Centres across Western Australia if you cannot access Legal Aid. Family law is a specialised area. If you need help when making a family law application, The Law Society of Western Australia can provide details of the legal firms in Western Australia who will take instructions in family law matters and details of accredited family law specialists. Community Legal Centres (CLC) provide free and/or low cost services to people who are on low incomes, or those who have difficulty accessing legal services. CLCs provide a safety net for those who cannot afford the services of a private lawyer, or who are ineligible for legal aid. The Community Legal Centres Association can provide referral to appropriate community legal centres or other sources of assistance. Community Legal Centres Association (WA) It is the peak organisation representing CLCs in WA. Phone: Hours: 8.30am 5.00pm Monday to Friday Some Community Legal Centres conduct programs such as family law information sessions. Contact the centres for information about available programs, dates and times of sessions. Community Legal Centres Head Office Albany or Bunbury or Central Wheatbelt Fremantle Goldfields Gosnells Kimberley Northern Suburbs Peel Pilbara If you are not eligible for legal aid, you may consider engaging the services of a private solicitor at your own cost. 30

33 Useful legal contacts Low cost or no cost legal advice and services may be available from the following: Legal Aid Western Australia Legal Aid WA provides free telephone advice and information to callers outside Perth for the cost of a local call. Legal Aid WA also has a range of information brochures and self-help kits that can be ordered or accessed via the Internet. Phone: (information line) TTY: Perth Southwest Fremantle Midland Midwest and Gascoyne Citizens Advice Bureau (CAB) CAB is a not-for-profit agency that provides legal advice and mediation, and can also prepare documents such as wills, powers of attorney and some Family Court documents. Perth Albany Armadale Busselton Bunbury Esperance Fremantle Joondalup Mandurah Midland Rockingham Hours: 9.00am 4.00pm Monday to Friday cab@cabwa.com.au Women s Law Centre of WA (WLCWA) WLCWA provides free legal services to women including community legal education, legal advice, information and referral, minor assistance (help with documents) and limited representation and casework. Phone: Freecall: TTY: Hours: 9.00am 5.00pm Monday to Friday info@wlcwa.org.au 31

34 Fremantle Community Legal Centre (FCLC) Fremantle based service, available to low income earners in and around the Fremantle, Cockburn and Melville areas. Solicitors provide referrals, legal advice and limited representation on a number of matters. Phone: Hours: 8.30am 4.30pm Monday to Friday fclcadmin@fremantle.wa.gov.au Youth Legal Service (YLS) YLS provides free legal services and assistance to young people under the age of 25 and on a low income. Phone: Freecall: (country callers only) Hours: 9.00am 5.00pm Monday to Friday yls@youthlegalserviceinc. com.au Southern Communities Advocacy, Legal and Education Service (SCALES) SCALES offers initial legal advice and referral to people living or working in the Rockingham, Kwinana, Mandurah and Pinjarra areas. The service is available by appointment only. Phone: Hours: 9.00am 12.00pm Monday and Friday; 9.00am 5.00pm Tuesday, Wednesday and Thursday scales@murdoch.edu.au Sussex Street Community Law Service Inc. Sussex Street Community Law Service is a not-for-profit legal service providing free assistance to low income and disadvantaged people in the community. Phone: Freecall: (country callers only) TTY: Hours: 9.30am 4.30pm Monday to Friday sscls@sscls.asn.au 32

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