If your child has entered, or is at risk of entering, out-of-home care (OOHC) in Australia, this guide is written for you. We understand that this is one of the most stressful and frightening experiences a parent can face. Our goal is to give you clear, honest information so you can understand the system, know your rights, and stay as connected as possible with your child.

What Is Out-of-Home Care?

Out-of-home care (often called OOHC) refers to situations where a child or young person is placed in the care of someone other than their parents — usually because of concerns about their safety or wellbeing at home. In NSW, OOHC is overseen by the Department of Communities and Justice (DCJ).

In 2024, there were approximately 46,000 children in out-of-home care across Australia. The majority of children in OOHC are placed with family members (known as kinship care), which is why early engagement with the system is so important.

Types of Out-of-Home Care Placements

Kinship Care

Kinship care is when a child is placed with a family member or someone significant to the child — such as grandparents, aunts and uncles, or close family friends. This is the preferred placement option because it maintains the child's connections to their family and culture. If your child is being considered for OOHC, identifying suitable family members early is one of the most important things you can do.

Foster Care

Foster care is when a child is placed with approved foster carers who are unrelated to the child. Foster carers are trained and supported by either DCJ or an accredited out-of-home care provider. Foster placements can be short-term (emergency), medium-term, or long-term depending on the child's situation.

Residential Care

Residential care involves a child living in a staffed home with other children in care. This type of placement is typically used when other options are not available or suitable, often for older children or children with complex needs.

"The first priority in any placement decision should always be to keep children connected to their families, communities, and culture."

How Does a Child Enter Out-of-Home Care?

A child can enter OOHC through several pathways:

  • Emergency removal — if DCJ believes a child is in immediate risk of serious harm, they can remove the child without a court order under certain circumstances
  • Court order — DCJ applies to the Children's Court for an order placing the child in OOHC
  • Voluntary care agreement — parents can agree to a temporary placement while they address the issues that led to the concern
💡 Know This: If your child is removed, you have the right to be told why, to be told where your child is being placed (unless there are exceptional safety reasons), and to have contact with your child unless a court order says otherwise.

Your Rights as a Parent

Having a child in out-of-home care does not end your role as a parent. Your rights include:

  • The right to be involved in planning for your child's care (including through processes like Family Group Conferencing)
  • The right to be kept informed about your child's health, education, and wellbeing
  • The right to regular contact with your child (unless restricted by a court order)
  • The right to participate in any court proceedings about your child
  • The right to legal representation
  • The right to request a review of decisions made about your child

How Can I Maintain Contact With My Child?

Contact between children and their parents is recognised as essential for children's wellbeing and is legally required unless there are specific safety concerns. Contact can take many forms:

  • Face-to-face visits (supervised or unsupervised depending on circumstances)
  • Phone and video calls
  • Letters and cards
  • Family events and celebrations

Family Safe Solutions provides family time supervision services, which allows for safe, supported contact between children and their families. Contact us to discuss your specific situation.

What Is Restoration?

Restoration means returning a child to the care of their parents. It is always the preferred outcome in OOHC unless there are enduring safety concerns. DCJ is required to actively work toward restoration when it is safe to do so, and to review care plans regularly to assess whether restoration is possible.

If you are working toward restoration, it is important to actively engage with the services and support being offered, maintain regular contact with your child, and work with your DCJ caseworker on the goals in your child's care plan.

Aboriginal and Torres Strait Islander Children

Aboriginal and Torres Strait Islander children are significantly overrepresented in the OOHC system. The Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) exists to address this and to ensure that Aboriginal children maintain their cultural identity and connections, even when they must be placed in care. This principle requires that Aboriginal children be placed, in order of preference, with Aboriginal family, then Aboriginal community members, before non-Aboriginal carers.

⚠️ Important: If you are Aboriginal or Torres Strait Islander, you have the right to request that the ATSICPP be explicitly applied to your child's placement. If you feel this principle is not being followed, seek legal advice immediately.

How Family Safe Solutions Can Help

Family Safe Solutions provides a range of services to support families involved in the OOHC system, including Family Group Conferencing, parenting capacity assessments, family time supervision, and advocacy. We are based in Broken Hill and serve communities across NSW. Contact us to find out how we can support you and your family.

Need Support From an Expert?

Family Safe Solutions provides professional, compassionate child protection services across NSW.

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