Draft Model of Care for Phase 1 of Youth Treatment Orders

Share on Facebook Share on Twitter Share on Linkedin Email this link

Consultation has concluded

Now Closed

This online engagement was hosted on YourSAy from 9 November 2020 to 31 January 2021.

Thank you to everyone who provided feedback.

In response to this consultation, the Government of South Australia is moving away from the previously proposed Model of Care towards a focused, highly-targeted program.

For more information, download the consultation summary.

Below is a copy of the original consultation.


The original engagement gave an opportunity for people to give feedback on the draft Model of Care for Youth Treatment Orders, a new program for children experiencing drug dependency.

What’s being decided?

In 2019, changes

Now Closed

This online engagement was hosted on YourSAy from 9 November 2020 to 31 January 2021.

Thank you to everyone who provided feedback.

In response to this consultation, the Government of South Australia is moving away from the previously proposed Model of Care towards a focused, highly-targeted program.

For more information, download the consultation summary.

Below is a copy of the original consultation.


The original engagement gave an opportunity for people to give feedback on the draft Model of Care for Youth Treatment Orders, a new program for children experiencing drug dependency.

What’s being decided?

In 2019, changes were made to the Controlled Substances Act 1984 to provide the option of mandatory treatment for children experiencing drug dependency.

These changes recognise the importance of addressing substance abuse before children reach adulthood. They offer parents and others interested in the life of the child an additional option when the child:

  • has refused to seek help voluntarily,
  • may be a danger to themselves or others, and
  • no other appropriate and less restrictive means are available.

We have developed the draft Model of Care for Phase 1 of Youth Treatment Orders to provide the option of mandatory treatment for children experiencing drug dependency. It sets out how Phase 1 of the Youth Treatment Orders program will operate at the Kurlana Tapa Youth Justice Centre. 

The Youth Treatment Orders program does not replace voluntary drug assessment and treatment services within the Kurlana Tapa Youth Justice Centre.

The program is not a punishment and balances the need to respect the rights and autonomy of children and the special obligation of the community to care for and protect children.

The following video explains the draft Model of Care for Phase 1 of Youth Treatment Orders and provides instructions on how to participate in the consultation.

We are interested in hearing your thoughts about the draft Model of Care for Phase 1 of Youth Treatment Orders, in particular the following areas:

  • the best interest of children
  • meeting the needs of children who may be at risk or marginalised
  • Assessment Orders, and
  • Treatment Orders.

We want to ensure the voices of children, families, health care professionals, service providers, advocates and the South Australian community are heard.

Get involved

Read the draft Model of Care for Phase 1 of Youth Treatment Orders , Consultation Paper and the Q&A.

We have also created a Consultation Paper Easy Read version and a Q&A Easy Read version.

To have your say:

  • join the online discussion
  • complete the online survey
  • call us on (08) 7425 5099
  • email us at DASSAHealthPolicy@sa.gov.au

You can provide an email address (by emailing or calling us) if you wish to be updated on the outcome of the consultation. You can remain anonymous if you choose - all information provided is confidential and will be deidentified.

How can your input influence the decision?

All feedback provided during this consultation will be collated and reviewed. A revised Model of Care for Phase 1 of Youth Treatment Orders will be prepared, informed by your feedback.

What are the next steps?

Phase 1 of the Youth Treatment Orders program will commence in 2021.

Commencement of Phase 2 of Youth Treatment Orders is contingent on a review of Phase 1 of the program and a further decision made by government.

Contact details

For more information:

Closing date: 5:00pm, 31 January 2021.




Background

Drug dependency can have a devastating impact on children, their futures and their families, and can have negative impacts on the broader community. We introduced new laws to provide the option of mandatory treatment for children experiencing drug dependency.

The draft Model of Care for Phase 1 of Youth Treatment Orders recognises the importance of intervening effectively to address substance abuse before children reach adulthood. The Youth Treatment Orders program aims to treat drug dependence in children as early as possible in the hope of reducing the likelihood and severity of drug related harms. The Youth Treatment Orders program has been designed to support children in the Kurlana Tapa Youth Justice Centre. This includes ensuring the safety, and rights of these children are maintained throughout the program.

The Controlled Substances (Youth Treatment Orders) Amendment Act 2019 was passed by Parliament on 14 November 2019, and provides the legislative framework for the Youth Treatment Orders program.

Phase 1 of the Youth Treatment Orders program will commence for children in the Kurlana Tapa Youth Justice Centre and may expand to children in the community. Community implementation of the program will depend on review of Phase 1 of the Youth Treatment Orders program and a further decision by Government.

The state government announced that any new laws will only come into effect following broad public consultation on implementation of the program, and once all necessary facilities and programs have been identified and established.

A key factor of the Youth Treatment Orders program is the making of Assessment and Treatment Orders by the Youth Court.

You can learn more about the Assessment and Treatment Orders in the Q&A tab or the Q&A Easy Read tab.

SA Health, on behalf of the Minister for Health and Wellbeing, convened an Interagency Working Group for Youth Treatment Orders.

Membership of the Interagency Working Group consists of key agencies whose input is helping to develop a robust, safe and effective program which is responsive to the needs of children and the community. These agencies will either be responsible for implementing the program or represent children most impacted by this new policy. Membership includes:

  • Drug and Alcohol Services South Australia;
  • Child and Adolescent Mental Health Services (Women’s and Children’s Health Network);
  • The Department of Human Services (Youth Justice);
  • The Office of the Chief Psychiatrist;
  • The Attorney-General’s Department;
  • The Department of the Premier and Cabinet (Aboriginal Affairs and Reconciliation)
  • The Department for Child Protection;
  • The Courts Administration Authority;
  • South Australia Police; and
  • The Department for Education.
Consultation has concluded
  • Consultation outcome

    Share on Facebook Share on Twitter Share on Linkedin Email this link

    Thank you to everyone who provided feedback.

    In response to this consultation, the Government of South Australia is moving away from the previously proposed Model of Care towards a focused, highly-targeted program.

    For more information, download the consultation summary.

  • Consultation Paper

    Share on Facebook Share on Twitter Share on Linkedin Email this link

    Now Closed

    This online engagement was hosted on YourSAy from 9 November 2020 to 31 January 2021. Find out more about the consultation process. Below is a record of the consultation.


    Consultation on the draft Model of Care for Phase 1 of Youth Treatment Orders

    Download draft Model of Care for Phase 1 of Youth Treatment Orders consultation paper PDF

    The Youth Treatment Orders program provides the option of mandatory treatment for children experiencing drug dependency. The Youth Treatment Orders program is a measure of last resort, where all other appropriate and less restrictive means of drug assessment and treatment have been exhausted.

    To provide a legislative framework for the Youth Treatment Orders program, the Controlled Substances (Youth Treatment Orders) Amendment Act 2019 was passed by Parliament on 14 November 2019.

    The Youth Treatment Orders program will commence for children experiencing drug dependency in the Kurlana Tapa Youth Justice Centre, previously known as the Adelaide Youth Training Centre, and may expand to other children in the community. Community implementation of the program will depend on a review of Phase 1 of the Youth Treatment Orders program and a further decision by government.

    The draft Model of Care for Phase 1 of Youth Treatment Orders for Phase 1 of Youth Treatment Orders (the Model of Care) sets out how the Youth Treatment Orders program will operate in the Kurlana Tapa Youth Justice Centre. The State Government is seeking feedback on the draft Model of Care for Phase 1 of Youth Treatment Orders to ensure the voices of a broad range of stakeholders are heard, including children and their families.

    The purpose of this Consultation Paper is to provide a summary of the draft Model of Care for Phase 1 of Youth Treatment Orders and information on how to provide feedback, which can be found at the end of this document. This Consultation Paper should only be used as a summary document and should be read in conjunction with the draft Model of Care for Phase 1 of Youth Treatment Orders document.

    A new approach to drug treatment for children

    Drug dependency can have a devastating impact on children and their families. The State Government has introduced new laws to allow mandatory treatment for children experiencing drug dependency.

    The Youth Treatment Orders program aims to treat drug dependence in children in the hope of reducing the likelihood and severity of drug related harms. Through the Model of Care, the Youth Treatment Orders program has been designed to support children in the Kurlana Tapa Youth Justice Centre and post-release. This includes ensuring the safety, and rights of these children are maintained throughout the program.

    Assessment and treatment processes have been informed by the best available evidence for the treatment of children. Special consideration has been given to the provision of trauma informed care and the specific and complex needs of at risk and marginalised groups of children.

    The Youth Treatment Orders program does not replace the voluntary drug assessment and treatment services. The program is not a punishment and balances the need to respect the rights and autonomy of children and the special obligation of the community to care for and protect children.

    Principles

    The Model of Care has been developed with the best interest of the child as the paramount concern. This includes ensuring the mental, physical and social development of each child is a priority, including protecting their autonomy and personal liberty as much as possible.

    The Model of Care provides ways of protecting children from activities that could harm their development including the use of dangerous drugs. The Model of Care ensures services provided as part of the Youth Treatment Orders program work toward what is best for each child and protect their right to privacy.

    SA Health is committed to providing a Model of Care that provides safe and high-quality treatment. The Model of Care includes principles underpinning the design and operation of the model, intended to optimise the outcomes for children and their families.

    A full statement of program principles is at Appendix 1, at the bottom of this page.

    Statement of Rights

    The Statement of Rights sets out the rights of children subject to court proceedings, and provides information that can be of assistance for children and their families, guardians or advocates. All children subject to proceedings of the Youth Court for Youth Treatment Orders will be provided with a Statement of Rights.

    The Statement of Rights outlines the responsibilities of assessment and treatment services as part of the Youth Treatment Orders program. This includes support options for children during assessment and treatment, as well as rights to accessing culturally safe and appropriate health services.

    The Statement also includes information on free legal representation available to children, as well as information on rights of appeal of Youth Court orders.

    The full Statement of Rights is at Appendix 2 at the bottom of this page.

    Aboriginal and Torres Strait Islander children

    Aboriginal people experience disproportionate drug-related harms that contribute to the disparities in health and life expectancy between Aboriginal and non-Aboriginal people[1]. This burden also falls disproportionately on Aboriginal children compared to non-Aboriginal children and Aboriginal children are overrepresented in juvenile incarceration, including Kurlana Tapa Youth Justice Centre.

    The Model of Care recognises that Aboriginal children require safe and culturally responsive services that are holistic and address a broad range of social and emotional needs as part of treatment for drug dependency. Assessment and treatment for Aboriginal children under the Youth Treatment Orders program will be accessible, culturally appropriate and prioritise connections to family and community. In recognising the strong evidence of the effectiveness of family therapy in reducing substance use in children, the Model of Care recognises the importance of having trained Aboriginal staff to work therapeutically with Aboriginal children and their families and carers and provide linkages to culturally appropriate programs, services and professional staff.

    Responding to the individual needs of children

    Children from culturally and/or linguistically diverse backgrounds, children with disability and children with co‑occurring mental health issues have the right to be treated on an equal basis as other children. Assessment and treatment services provided as part of the Youth Treatment Orders program will be provided to these children in a way that is accessible, inclusive and individualised according to the child’s needs.

    Youth Treatment Orders assessment and treatment processes have been developed to minimise the risk of traumatising, or re-traumatising, children subject to orders. This includes application of trauma informed principles throughout the program, as well as access to interpreters and the provision for a Youth Court authorised person to accompany the child to program related appointments.

    To ensure the voices of children are heard as part of this consultation, documents which outline the draft Model of Care for Phase 1 of Youth Treatment Orders and respond to frequently asked questions have been developed in a format which can be understood by children.

    We have created a Consultation Paper Easy Read Version and Q&A Easy Read Version.

    Draft Model of Care for Phase 1 of Youth Treatment Orders

    The draft Model of Care for Phase 1 of Youth Treatment Orders defines the way health services are delivered under the program, and sets out the principles, governance and service delivery arrangements for the effective implementation of the Youth Treatment Orders program. It sets out agency roles and responsibilities in the delivery of assessment and treatment services, as well as a clear Statement of Rights and obligations of children who are subject to orders. The Model of Care applies only to children subject to detention in the Kurlana Tapa Youth Justice Centre.

    The Youth Treatment Orders program is informed by the best available evidence for the treatment and care of children experiencing drug dependency. Importantly, the Model of Care ensures that all processes and services delivered through the program have the best interests of the child as the central and paramount concern.

    The Model of Care was developed by SA Health in collaboration and consultation with multiple stakeholders across South Australia. This includes Chief Executive nominees to the Interagency Working Group developing the Model of Care: the Attorney-General’s Department, South Australia Police, the Department for Child Protection, the Department for Education, Courts Administration Authority, the Department of Human Services and the Department of the Premier and Cabinet.

    SA Health are represented on the Interagency Working Group by Drug and Alcohol Services South Australia, Child and Adolescent Mental Health Services and the Office of the Chief Psychiatrist

    There are three stages to the Youth Treatment Orders program:

    1. Application to the Youth Court: A parent, guardian or another person with a proper interest in a child applies for the Youth Court seeking mandatory drug assessment of a child if they are concerned the child may be drug dependent and at risk.

    2. Assessment Order: When in the best interest of a child, the Youth Court can make an Assessment Order if it is satisfied that:

    • there is a reasonable likelihood that the child is habitually using one or more controlled drugs; and
    • the child may be a danger to themselves or to others; and
    • the child has refused to voluntarily seek a relevant assessment; and
    • no other appropriate and less restrictive means is available to ensure the child receives a relevant assessment.

    The child will be required to attend the Kurlana Tapa Youth Justice Centre health centre where they will be assessed by a Child Psychiatrist, Addiction Medicine Specialist and Paediatrician. The assessment may recommend treatment and provide an opportunity for voluntary engagement.

    3. Treatment Order: The Youth Court may make a Treatment Order if a child has been assessed as being drug dependent in accordance with International Classification of Diseases Version 10 (ICD-10) diagnostic criteria, and the Court is satisfied that:

    • the child may be a danger to themselves or to others; and
    • the child has refused to voluntarily seek relevant treatment; and
    • no other appropriate and less restrictive means is available to ensure the child receives relevant treatment; and
    • the treatment and care pursuant to the order will be governed by an appropriate treatment and care plan directed towards treating the child’s dependency on controlled drugs.

    The Treatment Order is only made when the Youth Court is satisfied that treatment is governed by an appropriate treatment plan developed after a comprehensive assessment taking into account individual needs, comorbidity issues, patient preferences, and requirements of Youth Treatment Orders legislation has been prepared following consensus by the assessing medical consultants. The Treatment Order requires the child to receive treatment as set out in the treatment plan.

    A Treatment Plan can be made for up to 12 months. Treatment is completed when:

    • the Treatment Order expires
    • significant goals of the treatment plan are met, or
    • the term of custody expires.

    An overview of the draft Model of Care for Phase 1 of Youth Treatment Orders is presented below.

    Case Coordination Team

    A Case Coordination Team will be established to facilitate the program between the Youth Court, the Kurlana Tapa Youth Justice Centre, health services and other service providers assisting the child and family or carers. The team will be staffed by qualified allied health and Aboriginal health staff, with experience in working with children.

    The Case Coordination Team will be responsible for:

    • ensuring children subject to the Youth Treatment Orders program are treated in line with the principles of the program
    • facilitating access to community-based services available under the program for children in the community with substance use problems where they are not being used by children released from the Kurlana Tapa Youth Justice Centre
    • providing information to families and carers regarding community-based assessment and treatment services and supports available to assist them and their child once released from Kurlana Tapa
    • facilitating information sharing (in accordance with legislation and information sharing guidelines) between agencies to support informed and effective decision making that is in the best interests of the child
    • liaising with services currently engaging with the child and family or carer (in accordance with legislation and information sharing guidelines) in order to facilitate comprehensive and coordinated care for the child
    • working with Kurlana Tapa Youth Justice Centre staff to assist in the coordination of services delivered in Kurlana Tapa
    • liaising with treatment services being provided as part of the Youth Treatment Orders program to ensure comprehensive transition planning is in place for children transitioning to the custody of the Department for Correctional Services while subject to a Treatment Order
    • coordinating aftercare and follow up for a child exiting the program and their family or carer for up to 12 months to support a continued link to voluntary services, where appropriate.

    Follow up and support from this team will be available for any child who has been subject to an Assessment or Treatment Order, for up to 12 months, depending on their individual circumstances and needs and will continue to be available to the child even if they turn 18 years of age during this 12 month period.

    Application for assessment

    Parents, guardians and other people with a proper interest in a child may apply to the Youth Court seeking mandatory assessment of the child who is already subject to detention in the Kurlana Tapa Youth Justice Centre.

    The Case Coordination Team will engage the child subject to an application and their families to provide information, support and advice regarding Youth Court proceedings and the Youth Treatment Orders program.

    Every child subject to Youth Treatment Order proceedings is entitled to be represented by a legal practitioner at no cost to the child. The child will be informed of their right to legal representation in the Statement of Rights which must accompany every application. If the child opts to be represented it is anticipated that in most cases, either the Legal Services Commission or the Aboriginal Legal Rights Movement will be appointed to provide representation.

    Assessment Order

    The Youth Court can make an Assessment Order in respect of a child who is already subject to detention in a training centre at the time the order is made. The Youth Court may make an Assessment Order if satisfied that:

    • there is a reasonable likelihood that the child is habitually using one or more controlled drugs; and
    • the child may be a danger to themselves or to others; and
    • the child has refused to voluntarily seek a relevant assessment; and
    • no other appropriate and less restrictive means is available to ensure the child receives a relevant assessment.

    The assessment will take place within 2 business days of the order being received. Assessment will be undertaken in the Kurlana Tapa Youth Justice Centre health centre, a separate environment within the centre campus that provides rooms for confidential assessment, treatment and counselling.

    The child will attend an appointment where they will be assessed by a Child Psychiatrist, Addiction Medicine Specialist and Paediatrician who will be assessing factors relevant to their speciality. The appointment will be conducted in one location for the minimum reasonable time required for an appropriate assessment. A consolidated report will be provided to the Youth Court.

    A child subject to an Assessment Order may request independent medical drug assessment for submission as evidence to the court. The legal representative, support person or advocate of the child will facilitate this process. The Legal Representation Scheme, to be established under the Act, will fund costs associated with obtaining independent evidence.

    Treatment Order

    Following assessment, the Youth Court may make a Treatment Order if a child has been assessed as being drug dependent in accordance with International Classification of Diseases Version 10 (ICD-10) diagnostic criteria, and the Court is satisfied that:

    • the child may be a danger to themselves or to others; and
    • the child has refused to voluntarily seek relevant treatment; and
    • no other appropriate and less restrictive means is available to ensure the child receives relevant treatment; and
    • the treatment and care of the child pursuant to the order will be governed by an appropriate treatment and care plan directed towards treating the child’s dependency on controlled drugs.

    The senior medical consultants will develop a treatment plan as part of the assessment process. The treatment plan will identify goals, risks, and appropriate treatment options. The treatment plan requires regular review and updates over time in line with the child’s progress towards treatment goals and ongoing requirements.

    Evidence-informed treatment options include:

    • withdrawal management followed by discharge into continuing treatment
    • psychosocial interventions including comorbidity interventions for example:
      • Cognitive Behavioural Therapy (including relapse prevention)
      • Motivational Interviewing
      • Case Management
      • social skills training (focussing on issues relating to drug dependence), building social network/social capital
      • harm reduction education
      • relapse prevention planning
    • youth therapeutic interventions for mental health comorbidities (integrated care with substance use treatment)
    • family support and counselling
    • medication assisted treatment (where appropriate)
    • aftercare
    • program engagement enhanced by reward strategies (positive reinforcement, avoiding punishment orientated approaches).

    Treatment will be delivered in the Kurlana Tapa Youth Justice Centre health centre. Treatment will be offered at times that suit the child’s overall program at the Centre.

    A Treatment Order can be made for up to 12 months. However, a Treatment Order can be changed or revoked if the Youth Court is satisfied that there has been a significant change in the circumstances which led to the harmful drug use by a child. Processes for changing or revoking an order are outlined in the draft Model of Care for Phase 1 of Youth Treatment Orders.

    Treatment is completed when:

    • the Treatment Order expires
    • significant goals of the treatment plan are met, or
    • the term of custody expires.

    Relapse prevention and aftercare

    A transition plan is developed alongside the treatment plan to support the child’s continuity of care following release from the Kurlana Tapa Youth Justice Centre. Transition plans are regularly reviewed for all children engaging in treatment as part of a Treatment Order.

    Children subject to Treatment Orders are involved in pre-release transition planning and linked with a relevant community-based service(s) for drug treatment prior to release whenever possible.

    Aftercare will be provided for up to 12 months by treatment providers, in the form of follow up, support for relapse prevention and residential rehabilitation as required. Children receiving treatment in residential rehabilitation will receive education support which is age and developmentally appropriate.

    As an additional measure, the Case Coordination Team coordinates follow up and aftercare to children and families. This involves providing outreach to homes, other services, or public places to connect with children and family members. Continued support is provided post-treatment including harm reduction and relapse prevention strategies, referral to relevant services and case management. Services are provided on a voluntary basis.

    The Case Coordination Team can also coordinate support to children and families who are waiting for available services or children who experience barriers engaging in treatment services.

    The Case Coordination Team is not able to provide face to face services in rural and remote areas, however it can coordinate Drug and Alcohol Services SA and Child and Adolescent Mental Health Service staff (in person or via tele-health) to provide follow up in regional areas.

    These services will be made available to other children in the community if not being utilised by children released from the Kurlana Tapa Youth Justice Centre.

    Working with family

    The involvement and needs of families and carers of children subject to Youth Treatment Orders have been considered throughout development of the draft Model of Care for Phase 1 of Youth Treatment Orders. Participation of families in a child’s treatment will always be considered, and where appropriate families will be included as part of the treatment plan. The treatment plan will ensure no further harm to a potentially strained relationship between the child and their family.

    The Case Coordination Team will provide aftercare and follow up for children exiting the Youth Treatment Orders program and their families for up to 12 months, on a voluntary basis.

    In matters where there is concern that a child is at significant risk of abuse or neglect, a notification to the Child Abuse Report Line will be made and information will be assessed as per Department for Child Protection policies and procedures.

    Family and advocate access to information

    All children engaged in the Youth Treatment Orders program will have the opportunity to nominate an advocate or family member who they wish to be kept informed about their progress in the program. The child’s legal representative will assist the child to identify and nominate this advocate or family member.

    Nominated individuals will have the child’s permission to receive information about their treatment progress and assist in transitioning the child through Youth Treatment Orders program into voluntary treatment, relapse prevention and aftercare.

    Visitor scheme

    The Training Centre Visitor is an independent statutory officer who reports to Parliament through the Department of Human Services. The Training Centre Visitor’s role is to promote and protect the interest and rights of children sentenced or remanded to detention in a youth training centre in South Australia.

    Children subject to Youth Treatment Orders in the Kurlana Tapa Youth Justice Centre will receive the same protections afforded to any child sentenced or remanded to detention in the Kurlana Tapa Youth Justice Centre, including access to the Training Centre Visitor.

    Evaluation and reporting

    The Department for Health and Wellbeing will prepare an annual report detailing statistical information on uptake, demographics and costs associated with the Youth Treatment Orders program. Information pertaining to children subject to Youth Treatment Orders will be de-identified.

    Recognising this program is new to South Australia, an independent evaluation will be conducted by an independent research institution with experience in this area.

    The evaluation will assess:

    • how effectively treatment service providers are meeting child and family needs and provide recommendations for areas of improvement
    • identify any adverse events and unintentional consequences of the Youth Treatment Orders program and associated Model of Care for Phase 1
    • assess the impact of the program on specific groups of children, for example, Aboriginal children, their families and communities, and those under the guardianship of the Minister
    • compare the relative effectiveness of the Youth Treatment Orders program among children who are subject to custody within the Kurlana Tapa Youth Justice Centre with existing voluntary treatment outcomes, and
    • make recommendations to inform any further expansion of the program.

    An evaluation report will be provided by the Minister for Health and Wellbeing to Parliament between the third and fourth year after commencement of Phase 1 of the Youth Treatment Orders program. Implementation of Phase 2 of the program for other children in the community will depend on a review of Phase 1 of the Youth Treatment Orders program and a further decision by government.

    Appendix 1 – Program principles

    It is recognised that assessment and treatment services must:

    • Be applied in the best interest of the child
    • Ensure the mental, physical and social development of each child is a priority, including protecting their autonomy and personal liberty as much as possible
    • Ensure the progress of an Youth Treatment Order will not be a determinant in the granting of bail or release of a child on remand or serving a sentence for a criminal offence at the Kurlana Tapa Youth Justice Centre
    • Be age and developmentally appropriate
    • Be culturally safe and appropriate, and support the needs of Aboriginal children , children from other culturally and linguistically diverse backgrounds, and children with a disability
    • Consider the gender identity and sexuality of children
    • Enable children, their family and support people to participate in decision making
    • Consider the complex needs of vulnerable populations and potential barriers to engaging in assessment and treatment
    • Ensure the experiences of children and family/carers/communities are recognised and incorporated into quality improvement and service development
    • Align with best practice evidence and frameworks supporting the best interests of the children
    • Ensure specialist, best practice interventions are delivered by an appropriately skilled workforce
    • Incorporate evidence from other services or providers such as medical and psychosocial assessment, reports or assessments from family/carers, school, SA Police, Department for Child Protection, or youth justice
    • Be non-judgemental, evidence-based, based on comprehensive assessment, matched to individual needs, and subject to ongoing quality assurance processes
    • Incorporate trauma informed practice and the importance of rapport and the therapeutic relationship
    • Take into account the broader context for the children (including presenting problems as well as predisposing, precipitating, perpetuating and protective factors)
    • Minimise barriers to accessing treatment
    • Encourage voluntary participation and provide the least possible restrictive means of assessment, intervention and treatment for the presenting circumstances
    • Integrate care and collaborative partnerships with children and their families/carers/communities to underpin service delivery, providing a focus on continuity of care
    • Adapt the treatment available based on cognitive ability/disability
    • Document and treatment plans regularly reviewed by a leading clinician who developed the plan during assessment

    Appendix 2 – Statement of Rights

    What you need to know about Youth Treatment Orders

    An Assessment Order is a way for the Youth Court to assess if you are at risk of harm because of your drug use. The Youth Court will make a decision based on the following:

    • You are habitually using one or more drugs; and
    • You are a danger to yourself or others; and
    • You have refused to voluntarily seek drug assessment; and
    • There is no other way to have your drug use assessed.

    If the court decides it is in your best interest to make an Assessment Order you will need to go to an appointment where you will be seen by three specialist doctors (an Addiction Medicine Specialist, an adolescent Psychiatrist and a Paediatrician). This appointment will be held at the health centre of the Kurlana Tapa Youth Justice Centre facility.

    The doctors will ask you questions about your drug use, your health and your life, and write a report to tell the Youth Court if they think getting help for your drug use is in your best interest. The doctors will work with you to decide what type of drug treatment will suit your needs and write a treatment plan. The treatment plan will be included in the report for the court.

    If you agree to get drug treatment one of the specialist doctors will make an appointment for you.

    The Youth Court will read the doctor’s report and consider any other information that people involved in your life have given the court (such as your family, carer or guardian, the Department for Child Protection, South Australia Police) and decide if you need drug treatment.

    If a Treatment Order is made you will receive treatment at the health centre in the Kurlana Tapa Youth Justice Centre facility. The specialist doctors will decide on a length of drug treatment based on your best interest.

    A Youth Treatment Order will not appear on a police clearance or criminal check.

    Your rights

    You have the right:

    • To have your best interest upheld through the Youth Treatment Orders Program
    • To be treated equally, and not treated unfairly because of your gender, sexuality, race, religion, disability or other status
    • To be treated with respect and dignity by the Youth Court and your drug assessment and treatment services
    • To ask for an interpreter for appointments if English is not your first language
    • To free legal representation
    • To an official advocate (information and contact details provided below)
    • To be provided a copy of any Youth Treatment Order made against you
    • To have all court, assessment and treatment processes explained to you by your legal representative, support person or an assessment/treatment service
    • To be involved in all Youth Treatment Order hearings in the Youth Court with your legal representative, support person and/or advocate
    • To appeal a decision made by the Youth Court (your legal representative can help with this)
    • To confidentiality – information about you will remain confidential but may be used without your permission if it is in your best interest, or if required by law

    If you are on Assessment Order, you also have the right:

    • To access best practice, evidence-based drug assessment from a skilled medical consultant
    • To access independent medical assessment and reporting to the Youth Court
    • To have a support person with you at your assessment

    If you are on a Treatment Order, you also have the right:

    • To access best practice, evidence-based drug treatment from a skilled workforce
    • To access drug treatment which is suitable for your age, developmental stage, cultural and linguistic background and disability status
    • To access the least restrictive drug treatment suitable to your needs within the training centre
    • To have a support person with you during treatment if this is in your best interest, within limits set by the treatment service and the Kurlana Tapa Youth Justice Centre
    • To have your treatment and care plan reviewed by your specialist doctors and drug treatment services regularly
    • To be involved in planning your drug treatment
    • To have a support person involved in making decisions about your drug treatment
    • To receive help for your mental health or any other condition if you need it
    • To continue your education, or to do training to learn useful skills
    • To take part in activities and programs that can help your treatment within limits set by the Kurlana Tapa Youth Justice Centre

    Who can help?

    Other options for legal help:

    Legal Services Commission Ph: 1300 366 424
    Aboriginal Legal Rights Movement Toll free: 1800 643 222 (South Australia)


    If you need help with language:

    Interpreting and Translating Centre Ph: 1800 280 203 (South Australia)
    Translating and Interpreting Service

    Ph: 131 450 (National)

    Automated (ATSI): 1800 131 450

    National Relay Service

    For hearing and speaking difficulties

    Voice/TTY: 133 677

    Speak and listen: 1300 555 727

    Deaf Can Do – Auslan Interpreters Ph: 0417 233 369
    Aboriginal Interpreter Service Ph: 08 8999 2062
    Kurlana Tapa Youth Justice Centre Interpreter Service Please ask a member of staff at the Centre


    If you need an individual advocate:

    Office of the Public Advocate Independent information and advice

    Ph: 08 8342 8200

    Toll free: 1800 066 969

    Guardian for Children and Young People Responds to concerns raised by children in care themselves or by their advocates Free call for children only: 1800 275 664
    The Training Centre Visitor Advocacy when remanded or sentenced to a youth training centre

    Ph: 08 8226 8570

    Free call for children only: 1800 275 664

    Disability Rights Advocacy Service Inc. Individual and systemic advocacy Tel: 08 8351 9500


    If you need help understanding Youth Treatment Orders:

    Aboriginal Case Worker

    Available for Aboriginal children remanded or sentences at the Kurlana Tapa Youth Justice Centre


    Aboriginal Youth Justice Officer Please speak to staff at the Youth Court to be connected with an Aboriginal Youth Justice Worker


    If you need have a concern about the Youth Treatment Orders program and services or want help to make a complaint:

    Guardian for Children and Young People Can investigate any matter of concern and work directly to address policy and practice issues

    Free call for children only: 1800 275 664

    Commissioner for Children and Young People Advocates at a systemic level to improve the wellbeing of children Ph: 08 8226 3355
    Commissioner for Aboriginal Children and Young People Advocates at a systemic level to improve the safety and wellbeing of Aboriginal children Ph: 1800 275 664


    [1]. Wilson, M., Stearne, A., Gray, D., & Saggers, S. (2010). The harmful use of alcohol amongst Indigenous Australians.

  • Consultation Paper Easy Read

    Share on Facebook Share on Twitter Share on Linkedin Email this link

    Now Closed

    This online engagement was hosted on YourSAy from 9 November 2020 to 31 January 2021. Below is a record of the consultation.


    Youth Treatment Orders Draft Model of Care for Phase 1 of Youth Treatment Orders

    We want to know what you think

    Easy Read version

    Download the Consultation Paper Easy Read version on a PDF printable version

    How to use this page

    SA Health wrote this Easy Read. When you see the word ‘we’, it means SA Health.

    We have written this information in an easy to read way.

    We have written some words in bold. We explain what these words mean. There is a list of these words at the bottom of this page.

    This Easy Read page is a summary of another document.

    You can find the other document on this website.

    You can ask for help to read this page. A friend, family member or support person may be able to help you.

    • What is this consultation about?
    • What is a Model of Care?
    • What are Youth Treatment Orders?
    • How does the Youth Treatment Orders program work?
    • The children’s rights
    • How to tell us what you think
    • Word list
    • Contact us

    What is this consultation about?

    We want to reduce the impact of drug use on:

    • children
    • their families.

    Children are aged between 10 and 18 years old.

    This consultation is about some new laws in South Australia.

    The new laws will change how some children who are dependent on drugs get help.

    If you are dependent on drugs, you:

    • keep using them even though you know they can hurt you
    • can't control how you use them

    The Government is planning a new program based on these laws.

    We call it the Youth Treatment Orders program.

    We want the Youth Treatment Orders program to help children who are dependent on drugs.

    This document is about how the Youth Treatment Orders program will work at the Kurlana Tapa Youth Justice Centre.

    The Kurlana Tapa Youth Justice Centre is where the Youth Court can make children live for a period of time when they break the law.

    The Youth Treatment Orders program only applies to children already living in the Kurlana Tapa Youth Justice Centre.

    We want to know what children think about how the Youth Treatment Orders program will work.

    We explain how the Youth Treatment Orders program will work below.

    What is a Model of Care?

    A Model of Care explains how the Youth Treatment Orders program will work.

    This Model of Care:

    • is based on the best ways to treat children who are dependent on drugs
    • makes sure everyone does what is best for the child.

    What are Youth Treatment Orders?

    A Youth Treatment Order is a way to:

    • find out if a child is dependent on drugs
    • treat a child who is dependent on drugs.

    When we treat someone, we give them help to stop being dependent on drugs.

    They get the support they need to stop using drugs.

    We call this treatment.

    What is the Youth Treatment Orders program?

    The Youth Treatment Orders program is:

    • based on the new laws
    • a way to help children who are dependent on drugs.

    The new laws let a parent, guardian or another authorised person ask the Youth Court to make a child:

    • have an assessment for drug dependence
    • be treated for drug dependence.

    An authorised person is someone who can ask the Youth Court for a Youth Treatment Order.

    When a child has an assessment, they are checked by doctors to find out if they are dependent on drugs.

    There are 2 types of Youth Treatment Orders:

    • Assessment Orders
    • Treatment Orders.

    Assessment Orders

    The Youth Court makes an Assessment Order when they need to know if a child is dependent on drugs.

    A child must do what the Assessment Order says.

    An Assessment Order tells us:

    • if a child is dependent on drugs
    • how we can help them.

    Treatment Orders

    The Youth Court makes a Treatment Order to help a child get treatment for their drug dependence.

    A child must do what the Treatment Order says.

    A Treatment Order tells us:

    • what types of treatment will help them
    • who will treat them
    • how long they need to have treatment.

    A Treatment Order means a child can be ordered to have up to 12 months of treatment for their drug dependence.

    When can the Youth Court make them?

    The Youth Court can only make Assessment Orders and Treatment Orders if:

    • a child still uses drugs regularly
    • a child is in danger because of their drug dependence
    • someone else is in danger because of a child’s drug dependence
    • the child doesn’t want help
    • there are no better ways to get help for the child’s drug dependence
    • there is a plan for the child’s treatment.

    The Youth Court can only make Assessment and Treatment Orders if all these things are happening.

    The best interest of children

    The most important part of the Youth Treatment Orders program is to do what’s best for children.

    We want to make sure the Youth Treatment Orders program:

    • considers the different needs of each child
    • works with the other people and services in the child’s life
    • encourages children to continue treatment if they want it.

    We want the Youth Treatment Orders program to support all children, including children:

    • from Aboriginal and Torres Strait Islander communities
    • from different cultures and backgrounds
    • with disability
    • with mental health issues
    • moving from the Kurlana Tapa Youth Justice Centre into an adult prison
    • in Child Protection – a program for children who can’t live with their family because they are not safe.

    How does the Youth Treatment Orders program work?

    There are 3 stages in the Youth Treatment Orders program.

    1. Apply to Youth Court

    A parent, guardian or other authorised person applies to Youth Court.

    They ask if the child can be assessed for a drug problem.

    The Legal Services Commission or the Aboriginal Legal Rights Movement gives the child a lawyer.

    A lawyer is someone who:

    • understands what the law says
    • will make sure everyone does what is best for the child.

    There is no cost for using the lawyer.

    2. Assessment Order

    The Youth Court decides if the child should get an assessment to find out if they are dependent on drugs.

    The child can ask the Youth Court if someone can come to the assessment with them.

    Doctors will work out if the child is dependent on drugs.

    They will find out about:

    • the child’s drug use
    • how it affects their life and family.

    They will also find out about the child’s:

    • health
    • thoughts and feelings
    • mental health
    • behaviour
    • family background.

    They will use this information to decide if the child needs a Treatment Order.

    3. Treatment Order

    The child gets treatment for their drug dependence.

    A Youth Treatment Order can only last for up to 12 months.

    The child gets drug treatment at the Kurlana Tapa Youth Justice Centre.

    This treatment could include:

    • counselling – talking to someone about drug use and how to stop using drugs
    • family counselling – helping families work together to help the child
    • learning about how to be safe around drugs and not use drugs in the future
    • using medication when it is needed
    • support for up to 12 months.

    Each child might use different types of treatment.

    Doctors will decide what types of treatment are best for the child.

    The Treatment Order ends when the:

    • child reaches their goals
    • Treatment Order runs out
    • child is released from the Kurlana Tapa Youth Justice Centre.

    Each child will have a plan for what support they need when they leave the Kurlana Tapa Youth Justice Centre.

    Even if a child has a Treatment Order, they won’t have to stay longer at the Kurlana Tapa Youth Justice Centre.

    The children’s rights

    Rights are rules about how everybody should be treated fairly.

    We have a Statement of Rights that explains the rights of children involved in the Youth Treatment Orders program.

    The Statement of Rights makes sure that all children are treated fairly, including children:

    • from Aboriginal and Torres Strait Islander communities
    • from different countries
    • who don’t speak English
    • with mental health problems
    • with disability.

    We will make sure children are given any information they need in a way they can understand.

    Every child will be able to choose someone who we will update about the child’s progress in the Youth Treatment Order program.

    Any information about children who are involved in the Youth Treatment Orders program is private.

    This is to protect children.

    We only share their information with:

    • their parent or guardian when it is safe
    • people who work for the Youth Treatment Orders program.

    How to tell us what you think

    The Youth Treatment Orders program hasn’t started yet.

    You can find answers to questions we get asked a lot in our Easy Read version.

    We’re giving you a chance to have your say.

    We want to know what you think about the draft Model of Care for the Phase 1 of the Youth Treatment Orders program.

    You can answer some questions in our discussion.

    You can ask for help to answer these questions. A friend, family member or support person may be able to help you.

    You need to tell us what you think by 5pm on Friday 18 December 2020.

    Word list

    Assessment

    When a child has an assessment, they are checked by doctors to find out if they are dependent on drugs.

    Authorised person

    An authorised person is someone who can ask the Youth Court for a Youth Treatment Order.

    Child Protection

    Child Protection is a program for children who can’t live with their family because they are not safe.

    Counselling

    Counselling is talking to someone about drug use and how to stop using drugs.

    Dependent

    If you are dependent on drugs, you:

    • keep using them even though you know they can hurt you
    • can’t control how you use them.

    Kurlana Tapa Youth Justice Centre

    The Kurlana Tapa Youth Justice Centre is where the Youth Court can make children live for a period of time when they break the law.

    Lawyer
    A lawyer is someone who:

    • understands what the law says
    • will make sure everyone does what is best for the child.

    Rights

    Rights are rules about how everybody should be treated fairly.

    Treat

    When we treat someone, we give them help to stop being dependent on drugs.

    They get the support they need to stop using drugs.

    We call this treatment.

    Youth Treatment Orders

    A Youth Treatment Order is a way to:

    • find out if a child is dependent on drugs
    • treat a child who is dependent on drugs.

    Contact us

    (08) 7425 5099

    DASSAHealthPolicy@sa.gov.au

  • Q&A Easy Read

    Share on Facebook Share on Twitter Share on Linkedin Email this link

    Now Closed

    This online engagement was hosted on YourSAy from 9 November 2020 to 31 January 2021. Below is a record of the consultation.


    Youth Treatment Orders Draft Model of Care for Phase 1 of Youth Treatment Orders

    Answers to questions we get asked a lot

    Easy Read version

    Download the Q&A Easy Read version on a PDF printable version

    How to use this document

    SA Health wrote this Easy Read. When you see the word ‘we’, it means SA Health.

    We have written this information in an easy to read way.

    We have written some words in bold. We explain what these words mean. There is a list of these words at the bottom of this page.

    This Easy Read page is a summary of another document.

    You can find the other document on here.

    You can ask for help to read this page. A friend, family member or support person may be able to help you.

    What is this consultation about?

    This consultation is about some new laws in South Australia.

    The new laws will change how some children who are dependent on drugs get help.

    If you are dependent on drugs, you:

    • keep using them even though you know they can hurt you
    • can’t control how you use them.

    The government is planning a new program based on these laws.

    We call it the Youth Treatment Orders program.

    A Youth Treatment Order is a way to:

    • find out if a child is dependent on drugs
    • treat a child who is dependent on drugs.

    When we treat someone, we give them help to stop being dependent on drugs.

    They get the support they need to stop using drugs.

    We call this treatment.

    This page is about how the Youth Treatment Orders program will work at the Kurlana Tapa Youth Justice Centre.

    The Kurlana Tapa Youth Justice Centre is where the Youth Court can make children live for a period of time when they break the law.

    We often get asked the same questions by different people about the Model of Care.

    We answer some of those questions on this page.

    Questions and answers

    What is a Model of Care?

    A Model of Care explains how the Youth Treatment Orders program will work.

    This Model of Care:

    • is based on the best ways to treat children who are dependent on drugs
    • makes sure everyone does what is best for the child.

    What are Youth Treatment Orders?

    There are 2 types of Youth Treatment Orders:

    • Assessment Orders
    • Treatment Orders.

    What is an Assessment Order?

    The Youth Court makes an Assessment Order when they need to know if a child is dependent on drugs.

    When a child has an assessment, they are checked to find out if they are dependent on drugs.

    An Assessment Order tells us:

    • if a child is dependent on drugs
    • how we can help them.

    What is a Treatment Order?

    The Youth Court makes a Treatment Order to help a child get treatment for their drug dependence.

    A child must do what the Treatment Order says.

    A Treatment Order tells us:

    • what types of treatment will help them
    • who will treat them
    • how long they need to have treatment.

    How long will a Youth Treatment Order last?

    A Youth Treatment Order can only last for up to 12 months.

    How old will children on Youth Treatment Orders be?

    Children aged 10 to 18 years old who live in Kurlana Tapa Youth Justice Centre can be part of the Youth Treatment Orders Program.

    Can children choose to take part in the Youth Treatment Orders program?

    No, the Youth Court will decide if the child:

    • must take part in the Youth Treatment Orders program
    • needs an Assessment Order
    • needs a Treatment Order.

    Where is the Youth Treatment Order program used?

    The Youth Treatment Order program is only used at the Kurlana Tapa Youth Justice Centre.

    Will children on a Youth Treatment Order have to stay in the Kurlana Tapa Youth Justice Centre longer?

    No. Assessment and Treatment Orders end when a child is released from the Kurlana Tapa Youth Justice Centre.

    Can children keep getting treatment when they leave the Kurlana Tapa Youth Justice Centre?

    Yes, but they don’t have to if they don’t want to.

    The Youth Treatment Orders staff will:

    • talk to a child who has an Order and is leaving the Kurlana Tapa Youth Justice Centre
    • organise treatment for any child who still wants help for their drug dependence after they leave.

    What if a child doesn’t believe they are dependent on drugs?

    If a child doesn’t agree with an Assessment Order, they can challenge it with help from a lawyer.

    A lawyer is someone who:

    • understands what the law says
    • will make sure everyone does what is best for the child.

    The Legal Services Commission or the Aboriginal Legal Rights Movement will give the child a lawyer.

    There is no cost for using the lawyer.

    Can anyone find out if a child is getting treatment?

    No, we keep any information about children who are getting treatment private.

    This is to protect children.

    We only share their information with:

    • their parent or guardian when it is safe
    • people who work for the Youth Treatment Orders program.

    A Youth Treatment Order will not show up on a child’s record.

    A Youth Treatment Order is designed to help people.

    It is not a punishment.

    How will we protect the rights of children?

    Rights are rules about how everybody should be treated fairly.

    We have a Statement of Rights that explains the rights of children involved in the Youth Treatment Orders program.

    The Statement of Rights makes sure that all children are treated fairly, including children:

    • from Aboriginal and Torres Strait Islander communities
    • from different countries
    • who don’t speak English
    • with mental health problems
    • with disability.

    How do we know the Youth Treatment Orders program will help children?

    The most important part of the Youth Treatment Orders program is to do what’s best for children.

    The Youth Treatment Orders program will:

    • protect the rights of children
    • think about the different needs of each child
    • work with the other people and services in the child’s life
    • encourage children to continue treatment if they want it.

    Word list

    Assessment

    When a child has an assessment, they are checked to find out if they are dependent on drugs.

    Dependent

    If you are dependent on drugs, you:

    • keep using them even though you know they can hurt you
    • can’t control how you use them.

    Kurlana Tapa Youth Justice Centre

    The Kurlana Tapa Youth Justice Centre is where the Youth Court can make children live for a period of time when they break the law.

    Lawyer

    A lawyer is someone who:

    • understands what the law says
    • will make sure everyone does what is best for the child.

    Treat

    When we treat someone, we give them help to stop being dependent on drugs.

    They get the support they need to stop using drugs.

    We call this treatment.

    Youth Treatment Orders

    A Youth Treatment Order is a way to:

    • find out if a child is dependent on drugs
    • treat a child who is dependent on drugs.

    Contact us

    (08) 7425 5099

    DASSAHealthPolicy@sa.gov.au

  • Consultation period extended

    Share on Facebook Share on Twitter Share on Linkedin Email this link

    The consultation on the Draft Model of Care for Phase 1 of Youth Treatment Orders has been extended.