6.1 Intervention with a child protection order
Purpose
This procedure outlines the process for deciding the appropriate child protection order for a child, once a decision is made that the child is in need of protection and an order is needed to meet their protection and care needs.
When to apply for a child protection order
An application for a child protection order can only be made when the protection and care needs of the child are unlikely to be met by a less intrusive intervention, such as, intervention with parental agreement.
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If the question of whether an order is necessary is still to be determined, then an application for a child protection order is premature, and either an assessment order should be sought, or the assessment is to proceed with parental agreement.
Whilst the decision is being made about the type of ongoing intervention or the type of order required, the child's safety needs must be met, and a placement with the parent/s agreement (under a care agreement), an assessment order or an interim child protection order may be required.
Deciding which child protection order is appropriate
When deciding which is the most appropriate child protection order for a child, the CSO is to:
- ensure that, having regard to the principles of the Child Protection Act 1999:
- the child and the child's family have an opportunity to participate in the decision; and
- the proposed order to be sought does not exceed the level of intervention needed to secure the child's safety;
- ensure the recognised entity is given the opportunity to participate in the decision-making about the most appropriate order for an Aboriginal or Torres Strait Islander child;
- determine the most appropriate order based on an assessment of the individual circumstances relating to each case, including:
- what the child needs to be safe (where applicable, this consideration will be informed by the most recent safety assessment);
- the strengths and needs of the child and family (this decision will be informed by the most recent child and parental strengths and needs assessments); and
- what level of intervention is needed to meet the child's protection and care needs (consider the child's need for stability and long-term care arrangements, as appropriate)
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When an application for a child protection order is lodged prior to a family group meeting it may be appropriate, following the family group meeting, to change the type of order applied for, in accordance with the reviewed assessment of the child's need for safety. This may require either a more or less intrusive child protection order to be sought.
The decision about 'which order' will also be required when:
- the existing order is due to expire and it is determined that a further period under an order is required;
- the review of the case plan indicates that the existing order is now a more intrusive level of intervention than is required;
- the existing order has been extended more than once and/or the child's longer term needs for permanency and stability must be considered; and
- the existing order has failed to keep the child safe and a new order should be made in its place.
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Deciding which order is appropriate to recommend
The types of child protection orders reflect the needs of children and their families and the case plan goal, either reunification or out-of-home long-term stable living arrangements. Short-term orders are appropriate while efforts are being made to reunify a child and their family. Long-term orders are appropriate when it has been determined that a child's protection and care needs are to be met through long-term out-of-home care.
In deciding which order is appropriate to recommend, the following broad issues will be considered:
- whether the child needs to be removed from home under an order;
- whether ongoing intervention can occur (or is occurring) with the child residing at home;
- the length of time needed to work towards meeting the child's case plan goal; and
- the purpose of the order, that is, whether efforts are being made to reunify the child and family, or a long-term out-of-home care placement is considered necessary.
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More specifically, the CSO will consider the following issues related to the child's family circumstances:
- Does the child need protection from, or need to be removed from the care of, both parents (where applicable, this consideration will be informed by the most recent safety assessment)?
- If the risk of harm relates to one parent only, is the other parent, with support, able to protect the child?
- Are there relatives who have been assessed as able to assume a protective role?
- Is contact with one or both parents to be restricted for safety reasons?
- Is there conflict or harmony between the prospective kinship carers and the parents?
- Are both parents involved and contactable?
- Are the parents able and willing to be involved in case planning?
- If one parent is not contactable or involved, is that parent likely to oppose case planning decisions?
These general considerations should be taken into account alongside the specific those outlined in the remaining sections of Chapter 6: Intervention with a child protection order, when determining the most appropriate protection order for a specific child.
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- Last updated
- 21 April 2009
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