6.5 Applying for a short-term guardianship order
Introduction
This procedure outlines the process for decision-making regarding an application for a child protection order granting short-term guardianship of the child to the chief executive.
Authority
- Child Protection Act 1999, section 6, 54(1), 61(e)
- Policy No. 395-1: Administrative access to child safety records
- Policy No. 391-1: Participation in decision-making - children and young people in alternative care
When to use an order granting short-term guardianship to the chief executive -section 61(e)
It will be appropriate for a CSO to apply for a child protection order granting short-term guardianship to the chief executive when it can be demonstrated that:
- 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); and
- the department is working towards the reunification of the child and family; and
- one of the following circumstances apply:
- there is no available parent to exercise guardianship and be involved in case planning (or the parent/s availability is erratic); or
- it is necessary to actively remove guardianship from a parent, for example, because of the very serious nature of the harm, or because the parent's current incapacity to exercise guardianship is causing harm to the child; or
- it is assessed that the parent will fail to exercise appropriate guardianship on a significant issue (for example, an essential medical procedure) and therefore, it is in the child's interests for guardianship to be vested in the chief executive.
It is preferable for parents to retain guardianship unless there are reasons (such as above) why this is not considered to be in the child's best interests.
Decision-making regarding duration of the order
Under the Child Protection Act 1999, section 62(2), a short-term guardianship order must not be for more than two years. When making a recommendation about the required duration of a short-term guardianship order, the CSO will estimate the time required to work with the parents before they are likely to have the capacity to resume guardianship of the child and ensure that the timeframe is warranted in the circumstances.
- Last updated
- 30 June 2007
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