CARE AND PROTECTION ORDERS
To apply for a care and protection order the Minister must believe that a child is at risk and that an order needs to be made. Except in serious, urgent cases, an application for an order can be made only after a family care meeting is held or attempted and the family has not come up with a satisfactory solution to meet the child's safety needs. The Court must first make a finding (either by agreement of all parties, or after hearing evidence) that the grounds of the Department's application have been made out.
If the Youth Court is satisfied with the basis of the Department's application it can make wide ranging orders [Children's Protection Act 1993 s 38] including:
- custody orders for up to twelve months
- guardianship orders for up to twelve months or until the child turns 18 years of age.
The Court can also accept undertakings by parents or children, with or without supervision, for twelve months. Orders are limited to 12 months. The philosophy behind this is that either reunification with the family is to be attempted, or long-term planning should be set in place.The Court's practice is to require Families SA to demonstrate that it is the only appropriate solution, even where the parties are in agreement. However, the Act allows for a long-term order if short-term orders have been renewed for two years. This recognises that if the child and guardian have not been reunited in two years, then long-term plans should be made.
The Court can also make a number of other orders dealing with:
- contact
- who can or cannot reside with the child
- the way in which any custodian or guardian deals with various aspects of the child's welfare.
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CARE AND PROTECTION ORDERS : Last Revised: Wed Jun 23rd 2004 |
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