17. Interstate matters

• 17.1 Interstate matters
• 17.2 Requests from Queensland to another jurisdiction - alerts, notifications and open investigation and assessment
• 17.3 Carer assessment requests to another jurisdiction
• 17.4 Transfer of casework tasks to another jurisdiction
• 17.5 Transferring child protection orders and child protection proceedings from Queensland to another jurisdiction
• 17.6 Locating a non-relative placement in another jurisdiction
• 17.7 Enacting a Queensland warrant in another state or territory
• 17.8 Interstate and New Zealand travel for children on a child protection order
• 17.9 Requests to Queensland from another jurisdiction - alerts, notifications and open investigation and assessments
• 17.10 Carer assessment requests from another jurisdiction
• 17.11 Transfer of casework tasks from another jurisdiction
• 17.12 Transferring child protection orders and child protection proceedings from another jurisdiction to Queensland
• 17.13 Requests from another jurisdiction to locate a non-relative placement in Queensland
• 17.14 Enacting a warrant from another state or territory in Queensland
• Resources

17.14 Enacting a warrant from another state or territory in Queensland

Purpose

This procedure outlines the process for another state or territory (jurisdiction) to enact a warrant to recover a child, who is currently in Queensland.

Authority

• Interstate Child Protection Warrants Protocol (21 March 2002)

Introduction

When another jurisdiction advises that they have a valid warrant for the return of a child subject to a child protection order, and the child has been located in Queensland, the child may be recovered from Queensland utilising the 'Interstate child protection warrants protocol (21 March 2002)' (Warrants Protocol).

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Recovering the child

When seeking to recover a child subject to a child protection order in another state or territory from Queensland, the Queensland ILO will:

• refer to the 'Warrants Protocol' for the recovery of a child;
• follow the procedures for the recovery of a child outlined in the warrant process below, in consultation with the other jurisdiction's ILO; and
• advise the CSSC of any action required to assist the interstate office to assume custody of the child in Queensland.

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Warrant process - another jurisdiction enacting their warrant in Queensland

The warrant process is outlined below:

• the child protection worker in the other jurisdiction will contact the Queensland ILO to advise of the warrant being issued in their jurisdiction to recover a child from Queensland;
• once the child has been located, the worker will provide the police in their jurisdiction with the warrant;
• the police officer will contact the QPS (preferably the Child Protection and Investigation Unit) in the local area where the child has been located, and notify them of the warrant and request that they execute the warrant under the Service and Execution of Process Act 1992;
• the interstate worker will contact the relevant Queensland police officer to make arrangements for the QPS to execute the warrant and remove the child;
• the interstate worker will make arrangements to be in Queensland at the time the warrant is being executed to assist the QPS and to attend the Childrens Court;
• the interstate worker/ILO will notify the Queensland ILO of the arrangements made and who they have contacted at the QPS;
• the Queensland ILO will contact the QPS to ensure that they are aware of the correct process;
• the QPS are to, at the earliest opportunity, present the warrant and the child at the local Childrens Court for a Magistrate to make an order to return the child to the custody of the worker from the other jurisdiction; and
• the other worker from the other jurisdiction is to be present at the court so that the Magistrate can make the order returning the child to their custody immediately. They must have a copy of the warrant and a copy of the child protection order for the child at court.

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Additional notes

• If there has been a delay in the other jurisdiction's worker arriving in Queensland for the court appearance, the other jurisdiction may request that a Queensland worker attend court on their behalf.
• In this instance it is possible for the Magistrate to make an order giving temporary custody of the child to a Queensland CSO or other departmental officer, with the child to be returned to the other jurisdiction's care as soon as possible.
• The order made by the Magistrate in relation to recovery of a child using the Warrant Protocol is not an order made under the Child Protection Act 1999, and there is no provision for any Queensland child protection orders to be enacted in this process (for example, a TAO cannot be made to return the child to the original jurisdiction).
• At times, the department may be requested to assist with placing the child with departmental carers while waiting for the other jurisdiction's worker to arrive in Queensland to take custody of the child.

	Interstate child protection warrants protocol (21 March 2002)  (PDF 35 KB)

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