Your care experience
You have rights and are entitled to help and support when you’re in out-of-home care. Learn what things mean in care and how you can speak up.
Your rights in out-of-home care
You have rights and are entitled to help and support when you’re in out-of-home care.
You have the right:
- to have contact with your family and community
- to be told why you are in care and to keep a record of your time in care
- to ask for any information that is being kept about you, to read your file and to add any information to your file
- to be treated fairly
- to be treated with respect
- to feel safe and not be abused
- to complain
- to services that promote your health and wellbeing
- to ask for extra help with your education
- to do things that you enjoy
- to your own beliefs and way of life
- to make choices about everyday matters
- to say what you are thinking and feeling
- to take part in making important decisions affecting your life
- If you have to go to court, you have the right to be helped and supported
- Before leaving care, you have the right to be involved in planning the kind of support and assistance you may need after leaving care.
To learn more about your rights in out-of-home care, download the Charter of Rights Guide for young people aged 13-17.
Download the Care Leavers’ Charter of Rights to learn about your rights after you legally ‘leave care’ when you turn 18.
You can also see the videos below for a quick and simple explanation of your key rights in out-of-home care.
It's your right to know why you're in care
It's your right to know your family
It's your right to feel safe and be treated with respect
It's your right to ask for help
It's your right to be involved in planning your future
Your case plan meetings
Case planning meetings are held to discuss and make decisions about you. They are a chance for you to have your say too.
The meeting will always have a main goal and will look at everything to do with your well-being including:
- where you’re going to live and for how long
- your identity/culture
- your family and other significant relationships and contact
- your health, education, or training
- your emotional and behavioural development
- your social/living skills and peer relationships
- any legal issues.
Your caseworker will organise the case planning meeting and there are people that can be invited along to the meeting. Often there will be a few adults in the room to support you with your goals. People are invited to a case planning meeting to support you to reach your goals which can include your:
- foster carer(s)
- parents or other family members
- caseworker
- counsellor
- a culturally appropriate support person
- someone that is supportive in your life.
Speaking up in these meetings and having your voice heard is really important, as this is where decisions are made about your life. This is a chance to talk about how you are going, what supports are in your life, and what other support you may need.
If you choose not to attend, you can still have your voice heard by:
- having someone speaking on your behalf,
- speaking or listening by telephone or video conference,
- writing down your views for participants to read,
- recording your views on video or audio and having it played at the meeting.
Your case plan
A case plan is a record of what is decided at a case planning meeting. With every case plan, there is a case plan goal. This goal could be, for example, permanent care, restoration, adoption, guardianship or leaving care. The case plan lists all the people that are required to support you in reaching your goals and time frames around your goals.
Your caseworker will go through the case plan with you to make sure that you understand what has been developed and will ask you to sign the attendance section of the case plan. You should also be provided with a copy of the case plan for your records. Your case plan should be reviewed at least annually. If there are changes to your situation such as moving houses, it may be reviewed again.
How you can speak up and file complaints
If you are having issues with your carer or caseworker, view the following advice on how to speak up and overcome the issues.
You should speak up if you feel unsafe with your carer(s) or if you’re not getting the support that you need.
If you have already tried to talk to your carer(s) about what is going on for you, or you don’t feel comfortable to talk to your carer(s), get in contact with your caseworker as soon as you can. Your caseworker will ask you questions to understand what’s been happening. From there, your caseworker is responsible for working out how to respond and support you to resolve this.
If you’re having issues with your caseworker, try to speak to your caseworker about what you’re struggling with, how it’s been impacting you and how you’d like your relationship with your caseworker to be like. It can be helpful to make some notes first so you know what to say or to bring a support person with you.
You may also want to get support from another adult such as someone at school, or your counsellor to help you figure out solutions to overcome issues.
If you have tried all of these things, you have a right to make a complaint. Each caseworker will have a manager and contacting your caseworker’s manager is the next step. Each organisation, whether it’s DCJ or a non-government organisation, will have a complaints process. When you speak to the manager, ask to get a copy of the complaints process so you know what steps you can take if things don’t get resolved.
If you are dissatisfied with the complaints process or you do not feel comfortable speaking to your caseworker or their manager, you can contact DCJ’s Community Services Enquiry, Feedback and Complaints Unit (EFCU). The EFCU is a dedicated unit to assist you resolve questions, concerns and complaints. They can often resolve issues promptly over the phone. If not, they aim to resolve most complaints within 20 days. You can contact EFCU on 1800 000 164 or complaints@facs.nsw.gov.au.
To learn more visit the DCJ’s Complaint and Feedback Process page.
If you do not feel that DCJ Complaints Unit has resolved your issue, you can contact the NSW Ombudsman who also supports young people to make complaints about NSW government agencies and services.
You can call them on 1800 451 524 and ask to speak with the Youth Liaison Officer, Aboriginal Unit or Inquiries team. To learn more, you can visit the NSW Ombudsman.