Proof of Guardianship and Authorised Pick-Up Policy
1. Purpose
This policy outlines the procedures and responsibilities relating to proof of guardianship, parental responsibility, and authorised pick-up of children attending therapy services at NeurodiversOTy. It is designed to protect the safety and wellbeing of clients, ensure compliance with legal responsibilities, and provide clear expectations for families regarding custody, consent, and pick-up arrangements.
2. Scope
This policy applies to all children and young people under the age of 18 who attend therapy services, their parents/legal guardians, authorised carers, and any individuals involved in the transportation or collection of a child from therapy.
3. Policy Statement
NeurodiversOTy is committed to acting in the best interests of each child and operating within the bounds of the law. We recognise that families may be subject to various living, custody, or guardianship arrangements, including separation, divorce, adoption, foster care, and informal care agreements. In cases of differences in guardianship arrangements including separation, divorce, adoption, foster care, and informal care agreements, to ensure safe, ethical, and lawful service delivery, we require legal documentation confirming guardianship and consent, as well as clear procedures for authorised pick-ups.
4. Definitions
Legal Guardian: A person who has been legally appointed to care for and make decisions on behalf of a child.
Parental Responsibility: All the duties, powers, responsibilities and authority parents have in relation to their children by law.
Authorised Pick-Up Person: An adult who has been nominated in writing by the parent(s)/guardian(s) to collect a child from therapy sessions. This may include extended family, support work, older siblings, case managers, or other trusted people to the family.
Court Order: A legal document issued by a court outlining custody, access, or parental responsibility arrangements.
Code Word: A secure password generated by our practice and provided to a parent/guardian for collection verification.
Different Guardianship Arrangements: Includes families who may be subject to various living, custody, or guardianship arrangements, including separation, divorce, adoption, foster care, and informal care agreements.
5. Proof of Guardianship Requirements
For those who fall under the ‘Different Guardianship Arrangements’ (see definition above), the lead parent/guardian is required at the commencement of services with NeurodiversOTy to provide:
A copy of the child’s birth certificate or relevant adoption, guardianship, or care documentation.
Correct and updated contact information for their current Case Manager
Declare whether there are any court orders, parenting plans, or custody arrangements in place.
Provide copies of any court orders relating to parenting responsibilities, contact, or restrictions.
Notify the practice of any updates or changes to guardianship arrangements as they occur.
Where shared parental responsibility applies, a main parent is required to sign consent forms unless legal documentation states otherwise, and both parent names and contact details must be included in the parent questionnaire upon initiating services.
If no legal documents are provided, NeurodiversOTy assumes equal parental responsibility applies.
6. Consent for Therapy
Informed consent must be obtained from all individuals with legal responsibility for the child unless otherwise stated in a court order. The main parent/caregiver for direct point of contact must fall under the ‘Main Parent Contact’ section of the Service Agreement. We may pause or withhold service provision if:
Consent from both parties cannot be obtained in shared custody situations.
A parent refuses consent and there is no clear legal guidance.
There is a legal dispute in progress.
7. Authorised Pick-Up Procedure
To ensure client safety, NeurodiversOTy will only release a child to an authorised adult under the following conditions:
A. Initial Nomination Process
Parents/guardians must provide written notice via email or text message stating the full name and relationship of the person authorised to collect the child.
A recent photo of the authorised person must be provided prior to the session; or
A code word will be generated and sent to the parent/guardian on the day of the scheduled pick-up.
The parent/guardian is responsible for passing the code word to the authorised person.
B. Verification Upon Pick-Up
The authorised person must:
Present valid photo identification.
Match the photo provided in advance.
State the correct code word provided to the parent/guardian.
The child will not be released unless:
All three verification steps are met.
There is no legal restriction preventing the authorised person from collecting the child.
This will only be required once per treating therapist, as to ensure that all staff are made aware of who the child’s Authorised pick-up individual is.
8. In the Case of Disputes or Risks
Where NeurodiversOTy is informed of a dispute or safety concern regarding custody or pick-up:
Services may be paused until legal clarity is provided.
We may contact the listed guardian(s) for confirmation.
If there is an immediate risk to safety, emergency services will be contacted.
9. Confidentiality and Record-Keeping
All documents related to custody, guardianship, and authorised persons will be stored securely in accordance with Australian Privacy Principles (APPs) and health record legislation. Access is restricted to staff who require the information for care delivery or legal compliance.
10. Policy Review
This policy will be reviewed annually or sooner in the event of legislative change or an incident requiring review.
This policy has been updated on 8th May, 2025