17.5 Transferring child protection orders and child protection proceedings from Queensland to another jurisdiction
Purpose
This procedure outlines the process for transferring a Queensland child protection order or child protection proceedings to another state, territory or New Zealand (jurisdiction).
Authority
- Child Protection Act 1999, chapter 7, part 2
- Protocol for the Transfer of Child Protection Orders and Proceedings and Interstate Assistance 2007
Introduction
This procedure outlines the process for:
- the administrative transfer of a child protection order;
- the judicial transfer of a child protection order; and
- the transfer of Queensland child protection order proceedings.
1. Administrative transfer from Queensland to another jurisdiction
The administrative transfer of a child protection order to another jurisdiction may occur when a parent consents to the transfer of the order. Both short and long-term orders can be transferred.
Note: Custody orders cannot be transferred to Western Australia, Northern Territory or New South Wales.
When requesting the administrative transfer of a Queensland child protection order to another jurisdiction for children subject to a child protection order in Queensland, the CSO will:
- hold a meeting with the family (this may be part of a family group meeting or case planning forum), and discuss the decision to proceed with an administrative transfer of the order with the family;
- contact the ILO to discuss the process of transferring the order to the other jurisdiction;
- request a copy of the 'Request for Interstate Transfer of Child Protection Order' form and 'Consents for Interstate Transfer' form from the ILO at Court Services Unit;
- refer to the 'Transfer summary sheet' to ensure that all required steps are undertaken;
- ensure that all required consents (parents, child and carer) have been obtained in accordance with the Child Protection Act 1999, section 209. If the parent/s cannot be contacted or their whereabouts ascertained, attach a record of the attempts made to gain their written consent to the transfer (Child Protection Act 1999, section 195);
- prepare the 'Request for Interstate Transfer of Child Protection Order' form and background information (see point 8 of the form) and have the request signed by the CSSC manager as the delegated officer;
- forward all documentation by post to the Queensland ILO, including the originals of the request for transfer and the consents, and a copy of the child protection order (Note: New Zealand requires an original and two certified copies of the order);
- prepare an 'Administrative Transfer of Child Protection Order From Queensland' form when advice has been received from the Queensland ILO that the transfer has been accepted. The ILO will forward this to you at the appropriate time;
- upon receipt of consent from the other jurisdiction, provide written notice (using the 'Proposed transfer of CPO to interstate' letter) within three days of the decision to proceed with an administrative transfer (Child Protection Act 1999, section 210(1) and 210(2)), to:
- the child;
- each person whose consent to the transfer is required; and
- anyone else who the chief executive considers ought to be notified of the decision.
- include in the written notice, in accordance with the Child Protection Act 1999,
section 210(3):- the date the decision was made; and
- that anyone who wishes to make a judicial review application in relation to the decision must make an application within 28 days; and
- prepare photocopies of all relevant file material, including a print-out of the electronic file, for the accepting jurisdiction (the original files should be kept by the CSSC and should not be forwarded to the other jurisdiction).
Case management and financial costs remain the responsibility of the CSSC until such time as the order is officially transferred to the other jurisdiction.
The order is to be for the maximum period of time possible before requesting the transfer. This may necessitate an application to extend the order being made before any request for transfer.
If there are exceptional costs associated with the placement in Queensland, for example, PASP funding, the transfer of the order requires careful negotiation between the ILO and the child protection agency in the other jurisdiction. This will include negotiations about the provision of PASP supporting documentation. This financial information, including details of any High Support Needs allowance paid to the carer, must be provided as part of the transfer request.
Once the ILO has advised that the order has been registered in the court in the other jurisdiction, the CSO is responsible for:
- ceasing payment to the carers. Payments are to be made up to and including the day before the date of transfer (date of registration of the order) unless the ILO advises a different date;
- closing the case management record and updating the order details for the child on ICMS; and
- forwarding a photocopy of all relevant file material (including a print-out of the electronic file) to the manager of the relevant office in the other jurisdiction (the original files should be kept by the CSSC and should not be forwarded to the other jurisdiction).
2. Judicial transfer of Queensland child protection order
The judicial transfer of a child protection order occurs only rarely, and is sought when a parent refuses to consent to the administrative transfer of the order.
The judicial transfer of a child protection order or proceedings is a complex process, and must not be commenced until consultation has occurred with the Queensland ILO.
Should, after consultation with the ILO, a decision be made to proceed with the judicial transfer, the ILO will provide the CSO with procedural information for completing the transfer process.
3. Transfer of Queensland child protection order proceedings
Requesting the transfer of Queensland child protection order proceedings to another jurisdiction, should only occur after comprehensive consultation has occurred with the Queensland ILO, and should not be viewed as a substitute for seeking Queensland orders. This is a complex matter and subject to the complete agreement and ongoing co-operation of the 'receiving' jurisdiction throughout the process.
When requesting the transfer of Queensland child protection order proceedings to another jurisdiction, the CSSC will consult with the ILO in relation to the viability of the request, especially in relation to the Child Protection Act 1999, section 229, which outlines the grounds on which such a transfer may take place.
Should, after consultation with the ILO, a decision be made to proceed with the transfer, the ILO will provide the CSO with procedural information for completing the transfer process.
Forms
The following forms are available from the Queensland ILO at Court Services Unit:
- Administrative Transfer of Child Protection Order From Queensland
- Consents for Interstate Transfer
- Request for Interstate Transfer of Child Protection Order
- Transfer summary sheet - Judicial Transfers of child protection orders from Queensland to all states and New Zealand
- Transfer summary sheet - Transfer of Child Protection Proceedings from Queensland to another state and New Zealand
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- Last updated
- 30 June 2007
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