Child protection orders are based on what is needed for a child to remain safe.
The following orders can be made by the Children’s Court for the protection and permanent care of children. More information about any of the orders can be found on the Child Protection manual website.
Temporary assessment order
Child protection practitioners from the Department of Health and Human Services (the department) have applied to the Children’s Court for a temporary assessment order to allow them to investigate a report that the child is at risk of harm.
Interim accommodation order
A protection application has been issued and the Court has decided an interim order is needed to keep the child safe until it determines the application. This order is about where the child must live until the next court date. It will usually include conditions.
Family preservation order
The Court has decided that a child is in need of protection and can safely stay in their parents’ care while the protective concerns are being addressed. The child will live with one or both parents with no change to parental responsibility for the child. The department has to supervise the child. The objective is to help the family to make changes needed to keep the child safe at home so the family can stay together permanently. This order will usually include conditions.
Family reunification order
The Court has decided that a child is in need of protection and cannot safely stay in their parents’ care while the protective concerns are being addressed. This order grants parental responsibility for the child to the Secretary of the Department of Health and Human Services (the department), with the limitation that parents’ agreement is needed about major long-term issues. It will usually include conditions. The child will stay in out of home care and the objective is for the child to be reunified with their parent/s once this has happened, and within 12 months, or up to 24 months where permanent reunification is likely by then.
Care by Secretary order
The Court has decided that family reunification will not be achieved in a timely way for the child, or the child has been in out of home care for 24 months and still cannot safely return to their parents’ care. Under this order, the Secretary of the Department of Health and Human Services (the department) has parental responsibility for the child, to the exclusion of all others, for two years. This means the department is responsible for the child’s care and wellbeing and for all decisions concerning them. Usually, the objective is to find a permanent or long-term carer for the child, preferably with extended family, or if not, with another family as soon as possible. In exceptional circumstances, the objective may still be family reunification.
Long-term care order
The Court has decided the child is in need of long-term care and there is a suitable carer available to raise the child. Under this order the Secretary of the Department of Health and Human Services (the department), has parental responsibility for the child, to the exclusion of all others, until the child’s 18th birthday. This means the department is responsible for supporting the child’s carer to look after the child until they grow up, and for all decisions concerning the child.
Permanent care order
The Court has found proposed permanent carers suitable to have parental responsibility for the child to the exclusion of all others, including the Secretary of the Department of Health and Human Services Under this order the carers are the permanent care parents of the child, and have all the duties, powers, responsibilities and authority that parents have in relation to the child until the child’s 18th birthday. The order will usually include conditions.
Undertaking
The Court has decided that a child is in need of protection and that future risks can be sufficiently managed by the parent and child with community support. The undertaking may include conditions. The Department of Health and Human Services does not stay involved when an undertaking is made.