QLD Relinquish a child wit a disability to state care

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

MeganK

Member
31 January 2018
3
0
1
Long story short... our child has a very severe and profound disability which requires 24/7 care, and dos the time more than 1 carer. He is extremely aggressive as his communication is extremely limited due to his intellectual deficits. We can no longer care for him at home, safely for our other younger child is usually the target for his aggression.
Disability Services are currently only funding his out of home care for 28 days (it ends next Friday). They have yet to put any additional supports in place to help with his behaviour, in home support or a respite plan and expect us to pick him up from the care facility and bring him home, back to the same situation we were in before we presented at the hospital begging for help 4 weeks ago.

We feel we have been backed into a corner and feel our only option left is to relinquish his care to Child Servies (they are already involved as we have told DSQ that that is our only option).

We are terrified of what will happen if we have to take that step, but we are also terrified of bringing him home and going back to the same unhealthy, unsafe environment.

If we did relinquish care, what happens next? Assuming there will be court involved as it's classed abandonment. Looking for any and all advice.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I am sorry to hear about this situation, I imagine it must be very difficult. Is there a social worker managing your case?
 

MeganK

Member
31 January 2018
3
0
1
We were in touch with one thought the hospital, when we presented there a few weeks back. Since then no-one has been in contact with us. I asked the hospital social worker how I go about getting a social worker outside the hospital and she said "What do you need one for?"
I was a bit taken back by that.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
I agree, difficult situation.

I'd be protecting my youngest as first priority and doing whatever was necessary to protect them. The state unfortunately has a role to play in supporting your disabled child. You are unlikely to be an expert in caring for someone with disabilities, not able to provide the services they need, and not allowed by the state to protect your youngest by physical or chemical restraint of the disabled child.

As sad as it is, I think your better option is to turn your disabled over to the state. I am assuming your youngest child is at risk of death or very serious injury.

Sorry I don't know the laws/procedure around this.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
I am also not well-versed in this field of law, but I'm trying to think what I would do in the same situation.

I think you should put little weight in the tone or questioning of the worker from the hospital - they aren't required to find the support necessary to cope with caring for a disabled child.

Instead, I would focus on finding yourself support and guidance from someone qualified in disability care.

Perhaps you've already done this, but here is a site with a few care service suggestions: Our services - Disability Services, Department of Communities, Child Safety and Disability Services (Queensland Government)

In particularly, you might like to consider one of the following:

Supporting Families - Disability Services, Department of Communities, Child Safety and Disability Services (Queensland Government)

Parent Connect Initiative - Disability Services, Department of Communities, Child Safety and Disability Services (Queensland Government)

Even a phone call to a support service designed for this kind of thing, rather than a hospital, might put you on the right path for assistance.
 

Cairns123

Well-Known Member
16 January 2018
89
3
289
I can put you in touch with someone who has been through that process in qld a few years ago but I don’t want to share info on this forum.
She has agreed to discuss matters of this nature with other families before
 

AnnTV

Member
9 February 2019
2
0
1
Hi I am in similar situation with my son and is thinking of relinquish as well. This is for the sake of my other children and to give them some normality to their daily life. How can I contact you to get more information?
 

MeganK

Member
31 January 2018
3
0
1
Hi Ann - Depends on your situation really. Are you already covered by NDIS? If not then you need to be speaking to Disability Services and stomp your feet until you get help. If you are already under a NDIS plan I would recommend contacting Child Services, emphasising the risk factor to your other children. Our son is in supported out of home care, there is no court orders in place and we still make every single decision about his life.

Since I posted this... lots has changed within both government departments in regards to children with disability living in voluntary out of home care arrangements. I won't lie, the process hasn't been easy, we've had to fight constantly to get the support we needed. But we pushed and yelled and screamed until we got a situation that works best for everyone. I still see my son almost daily, and he has made massive progress since being supported by others. It's still the hardest decision we've ever had to make.

Good luck - stand your ground and don't take no as a answer.