Upload
antonia-lester
View
214
Download
0
Embed Size (px)
Citation preview
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution 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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution 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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution 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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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:
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
Power-imbalancePower-imbalance
ContactContact
Placement, short & long termPlacement, short & long term
Relationships Relationships
RestorationRestoration
CommunicationCommunication
2 mediation sessions2 mediation sessions
Family A - Outcomes
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution 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
What Works!? Evidence Based Practice in Child and Family ServicesNSW DoCS Alternative Dispute Resolution Program
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