6.2 Applying for a directive order
Purpose
This procedure outlines the process for decision-making regarding an application for a child protection order directing a parent regarding actions or contact (directive order).
Authority
- Child Protection Act 1999, section 6, 54, 61(a)(b)
- Policy No. 395-1: Administrative access to child safety records
- Policy No. 369-1: Participation in decision-making - children and young people in alternative care
Types of directive orders
There are two types of directive orders:
- an order directing a parent of a child to do, or refrain from doing, something directly related to the child's protection; and
- an order directing a parent not to have contact, direct or indirect:
- with the child; or
- with the child other than when a stated person or a person of a stated category is present.
When to use a directive order about parental actions - section 61(a)
It will be appropriate for a CSO to seek a directive order when all of the following circumstances apply:
- the child can safely remain at home, as long as the parents take certain action or cease certain actions (where applicable, this consideration will be informed by the most recent safety assessment);
- the parents will not take the action, or cease the action, on a voluntary basis;
- the action is able to be clearly defined, and what is required of parents is easily understood by the parents;
- a specific order is able to be made by the court;
- failure on the parent/s part to keep to the directives of the order, will not place the child at unacceptable risk of harm; and
- the parents are likely to adhere to the recommended order.
The CSO must ensure that the order is specific, not general (for example, 'ensure the child attends school every school day', rather than 'ensure proper schooling' or 'take the child to the hospital clinic for treatment every Thursday', rather than 'provide adequate medical care'). If the order needs to be general, a protective supervision order would be more appropriate.
A directive order can, however, be made in conjunction with a supervision order.
When to use a directive order about parental contact - section 61(b)
It will be appropriate for a CSO to seek a directive order which directs the parent not to have contact (direct or indirect) with the child, or to only have contact, when a stated person or a person of a stated category is present, when any one of the following circumstances apply:
- the child could remain at home with a protective parent if the parent to whom the child protection concerns apply was prevented, or restricted, from contact;
- the child could be placed in a placement (for example, with relatives) if the parent to whom the child protection concerns apply was prevented, or restricted, from contact (if there is a protective parent to consent to the placement);
- there is a Family Court of Australia parenting order which needs to be overridden for child protection reasons (allowing the protective parent to apply for variation of the Family Court of Australia order);
- there is a need to prevent a parent from harassing the child in a significantly harmful way (for example, telephone threats) and prosecution may be required to enforce the contact order. In this case, the order may be made in conjunction with any other child protection order; or
- the child's safety could be secured through the supervision of the parent to whom the child protection concerns apply, and there is a person assessed as able and willing to provide the supervision.
The CSO is not to use a directive order:
- to effectively deny both parents contact. When this is required, a custody order is more appropriate, as someone still has to exercise custody/guardianship over the child;
- when the child is living with their only parent (the order should not be used in a way which would leave the child 'at home alone'); or
- in a way which would effectively deny someone entry to their own home, except on a very temporary basis.
Supervision of parental contact could range from contact visits, to someone moving into the home temporarily, to ensure the child is not left alone with the parent to whom the child protection concerns apply. The supervising person, must however, be aware of the proposed order and voluntarily agree to their role in supervising the parent.
Directive orders can also be applied for, and granted in conjunction, with another child
protection order.
Decision-making regarding duration of the order
Under the Child Protection Act 1999, section 62(2), a directive order must not be for more than one year. When making a recommendation about the required duration of a directive order, the CSO will estimate the time the directive/s need to be in place to ensure the child's protection and that the timeframe is warranted in the circumstances.
Parental compliance with directive orders
A court may impose penalties on a child's parent who knowingly contravenes a directive order regarding contact.
- Last updated
- 30 June 2007
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