The Children’s Court has the power to make orders for the protection and care of children. In some circumstances that order is for the child to receive therapeutic treatment. More information about these orders is on the Child Protection manual website.
Temporary assessment order
A temporary assessment order is a short-term order made by the court. This order gives Child Protection the authority to fully investigate a report that a child is at risk of harm. For example, this order could require a family to allow Child Protection to enter their home. It is used when a full assessment may not be possible without a court order.
Interim accommodation order
The court makes this order when it believes the child's safety and wellbeing are at risk. The order states where the child must live until the next court date. It will usually have conditions.
Between court dates Child Protection continues to investigate if the child is at risk of harm.
Family preservation order
A family preservation order allows a child to stay in their parent's care with supervision from Child Protection.
The child will live with one or more parents, who will have parental responsibility for the child. The department must supervise the child's care.
The aim is to help the family make changes needed to keep the child safe at home. This order will usually include conditions. A family preservation order is generally made for up to 12 months. In some circumstances, the order can be for up to 24 months.
Family reunification order
The court issues a family reunification order when it finds a child needs protection and cannot live safely with their parents.
The aim of a family reunification order is to safely return a child to the care of their parents by the end of the order.
The child will be placed in care. The Secretary has parental responsibility for the child and will make day-to-day decisions such as where the child will live. The parents still help with long-term life decisions like where the child goes to school.
The family will receive targeted support and services so that the child can safely return home.
An initial family reunification order is usually for no longer than 24 months. This order may be extended for up to 12 months at a time (without limit on the number of extensions) if this is in the child’s best interests.
Care by Secretary order
The court makes a care by Secretary order when it finds the child's safety and wellbeing are at risk. This happens when it is not safe for a child to live with their parents.
This order gives the Secretary sole parental responsibility for a child. The department has all the rights and responsibilities that a parent has.
The order can last for up to 2 years but can be extended.
The department generally aims to find a permanent or long-term carer for the child. Where possible with extended family, otherwise another family, as soon as possible. However, the department can still work to reunify the child with their parents if it is appropriate.
Long-term care order
The court issues a long-term care order when a child needs ongoing protection.
The aim is to give a child a secure, stable home until they turn 18.
The Secretary has sole for a child under this order. The department has all the rights and responsibilities that a parent has until the child turns 18.
Permanent care order
A permanent care order grants a person custody and guardianship of a child until they turn 18.
Under this order the carers are the permanent care parents of the child. They have all the duties, powers, responsibilities and authority that parents have until the child turns 18. The order will usually include conditions.
Undertaking
An undertaking is a formal, legally binding agreement made to the court. An undertaking may require a child, parents or person who the child is living with to do, or not do, certain things for a specified period.
The court can grant an undertaking where it finds that:
- a child is in need of protection, and
- the parent and child can manage future risks, often with community support.
The undertaking may include conditions. The department does not stay involved for an undertaking.
Therapeutic Treatment Order
A therapeutic treatment order is issued by the Children's Court. This order requires the child to attend therapeutic treatment for harmful sexual behaviour. It can apply to children aged 10 to 18 years.
Therapeutic treatment is an extra layer of support provided by the department.
A therapeutic treatment order remains in place for 12 months. If the court is satisfied the treatment is still needed, the order can extend for up to another 12 months at a time. This order still applies to the child even if they turn 18 before or during the extension period.
The order may include a range of conditions, including for the child's parents to take part in the treatment.
Therapeutic Treatment Placement Order
The court can issue a therapeutic treatment placement order to place a child away from home to receive therapeutic treatment.
This is treatment for harmful sexual behaviour.
The court will issue this order when:
- it makes or has made a therapeutic treatment order for the child; and
- it finds that the placement is needed to enable therapeutic treatment for the child.
The placement order will only apply for the length of the treatment order.
This order applies to children aged 10 to 18 years.
Therapeutic treatment is an extra layer of support provided by department. The Therapeutic treatment placement order grants parental responsibility to the Secretary.
The placement order remains in place for the period of the therapeutic treatment order. The court may extend the placement if it is still needed for the therapeutic treatment order. The placement order will not be longer than the treatment order. It lasts for the period of the treatment order.