6.4 Applying for a short-term custody order
Purpose
This procedure outlines the process for decision-making regarding an application for a child protection orders granting custody to a suitable person (other than a parent of the child) who is a member of the child's family, or the chief executive.
Authority
- Child Protection Act 1999, section 5, 6, 54(1) and 61(d)
- 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
When to use an order granting short-term custody to a member of the child's family - section 61(d)(i)
It will be appropriate for a CSO to seek an order granting short-term custody to a suitable member of the child's family, when all of the following circumstances apply:
- the child cannot be safely left at home using a lesser order (where applicable,
this consideration will be informed by the most recent safety assessment); - there is an appropriate relative able and willing to assume short-term custody for the purpose of protecting the child;
- it is not necessary to impose a 'no contact' decision on a parent;
- there is no significant conflict between the parents and the relatives;
- the relatives will facilitate appropriate contact between the child and parents;
- the relatives are able and willing to work with the department in planning for the child;
- it is appropriate for the parents to retain guardianship, that is, at least one parent is available and involved in case planning for the child;
- the relatives understand and are able and willing to meet their obligations under the Child Protection Act 1999; and
- the relatives are assessed as suitable.
If there is uncertainty about one of the above factors (for example, the ability of the relatives to ensure positive contact between the child and parents), it may be appropriate for the CSO to seek an order granting custody to the chief executive, but still place the child with the relatives.
If it is necessary to restrict a parent from all contact with the child, or to actively remove guardianship from a parent (for example, due to the very serious nature of the harm) the CSO is to seek an order granting short-term guardianship to the chief executive.
When to use an order granting short-term custody of the child to the chief executive - section 61(d)(ii)
It will be appropriate for a CSO to seek an order granting short-term custody to the chief executive, when all of the following circumstances apply:
- the child cannot be safely left at home using a lesser order (where applicable, this consideration will be informed by the most recent safety assessment);
- the department is working towards the reunification of the child and family;
- it is appropriate for the parents to retain guardianship, that is, at least one parent is available and involved in planning for the child;
- it is not necessary to impose a complete 'no contact' decision on a parent; and
- it is not possible or appropriate to make the short-term custody order in favour of a relative.
If it is necessary to restrict a parent from all contact with the child or to actively remove guardianship from a parent (for example, due to the very serious nature of the harm) the CSO is to seek an order granting short-term guardianship to chief executive. Guardianship cannot be removed from just one parent and not the other.
Decision-making regarding duration of the order
Under the Child Protection Act 1999, section 62(2)(b), a short-term custody order must not be for more than two years. When making a recommendation about the required duration of a short-term custody order, the CSO will estimate the time the department needs to meet the child's protection and care needs and ensure that the timeframe is warranted in the circumstances.
- Last updated
- 30 June 2007
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