Childrens protection

Investigation and assessment | Care and protection | Length of orders and court powers | Philosophy

There are two different applications that can be made:

This application is made if there is some information or evidence that would lead to a reasonable suspicion that a child is at risk, and that further investigation of the matter is warranted. While further investigations are carried out, the Youth Court will usually make an order for the protection of the child. It is at this stage that the court may also refer the matter to a family care meeting. Any order made under this Section 21 of the Children’s Protection Act, 1993, remains in force for a period of up to four weeks. The court amongst other things, may order that any person who has treated or assessed the child, furnish a written report; direct that a person refrain from contact with the child, give custody of the child the Minister of the Department for Human Services, and any other "such ancillary orders as the court thinks fit" .

If investigations are not completed within this time, upon application to the court, the order may be extended for one more four week period. If further investigations are warranted after this period, and it is considered that the child still at risk, a care and protection application is made.

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Care and protection

A care and protection application can be made in the first instance, without an investigation and assessment application, if it is considered that the child is at significant risk, and an order of the court is required to secure his or her protection.

A care and protection application can also be made where arrangements have already been made to secure the protection and safety of the child, and where "it would be in the best interest of the child, for the arrangements to be the subject of an order" under Section 37 of the Children’s Protection Act.

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Length of orders and court powers

Investigation and Assessment Orders are usually only valid for 28 days (unless extended for a further 28 days). Care and Protection Orders can last until the child turns 18 years of age.

Some of the orders that the court can make are:

direction that a party not live at the same address as the child
direction that a party not contact a child, or that access is granted with specific conditions.
grant custody of the child to a guardian; some other member of the child’s family, or a non-government organisation set up to provide facilities for the residential care of children

The court can also make ancillary orders in relation to the care, protection, health, welfare or education of the child.

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Philosophy

Although the court can make an order directing that a child be placed under the guardianship of the Minister for Human Services, until 18 years of age, the court "should not, as a general rule, consider making such an order in relation to a child, unless satisfied that no other order would in all the circumstances of the case be appropriate". This section from the Children’s Protection Act, further enforces the philosophy mentioned earlier. That is, that the "primary responsibility for a child’s care and protection, lies with the child’s family".

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