Child protection
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What organisation do you complain to if you suspect a child is at risk of abuse?
The Department of Child Safety (the department) is the organisation that investigates reports of harm or suspected child abuse against any child under 18.
The department's role in protecting children is to investigate the complaint and if necessary provide ongoing services to the child or any person that cares for the child.
If someone has a concern about an unborn child, the department may also offer support or help to the pregnant woman.
Who can contact the Department of Child Safety with a concern about child abuse?
Anyone can contact the department with concerns about a child who is at risk or who has been harmed. Doctors, nurses and employees of family law courts are obliged by law to report suspected cases of child abuse to the department. Other professionals, such as police and teachers may also report suspected cases of child abuse.
What happens if someone complains about the treatment of my child?
The department's child safety officers, or the police must investigate the complaint. During their investigation the department can visit you at your home to talk about the concerns. The officers must show proof of their identity. They must also tell you what the concerns are, but cannot tell you who made the complaint.
The department may also ask you to attend at one of their offices to discuss the concerns. You can have a support person or a lawyer with you when officers talk to you. If you do not speak with them, the department must still investigate the complaint.
The child safety officer or the police can also speak to your child without your knowledge, for example they may contact your child at school to discuss the concerns.
Who can child safety officers talk to about my child?
The child safety officers can talk to other people such as teachers, relatives, nurses and doctors if it helps them with their investigation.
What if child safety officers decide my child has been abused?
If their investigations show that your child is in need of protection from abuse, the department will work with you and your family to make sure your child is safe.
The department may ask you to enter into a voluntary care agreement which sets out how you and the department will work together to keep your child safe. In some circumstances the department may ask you to sign a care agreement that gives your child to the department for a period of time. Any care agreement can be ended by you giving two days notice to the department. If you end the agreement and the department still believes that your child is at risk they may apply for a child protection order (see below).
If you have been told by the department that they want you to sign a care agreement you should get legal advice before signing the agreement.
What if the department believes my child is in immediate danger?
If the department believes your child is in immediate danger of harm, child safety officers or the police may take your child into the department's care (custody) for eight hours.
If you have been told by the department that they are taking your child into their custody you should get legal assistance immediately.
If the department intends to keep your child for longer than eight hours, they must apply to the court for an assessment order.
What is an assessment order?
An assessment order gives the department or police power to assess the harm to your child. During the assessment time they may:
- have contact with your child
- enter and search premises to find your child
- arrange a medical examination or treatment of your child
- take your child into the department's custody
- direct you not to have contact with your child during the investigation.
If the department have applied for an assessment order in relation to your child you should get legal advice immediately.
If at the end of the assessment order the department decide that your child needs some ongoing protection they can apply for a child protection order.
What happens if the department applies for a child protection order?
If the department believe that your child is suffering harm or is likely to suffer harm and you are not willing and able to protect them then the department may apply to the court for a child protection order.
At a court hearing, you (and the child's other parent) can come to court in person to speak to the magistrate, or you can have a lawyer to represent you. Other family members such as grandparents may also be able to speak to the magistrate.
The magistrate may appoint a separate representative for your child. This is a lawyer who represents your child's best interests. The separate representative must advise the magistrate about what your child wants to have happen. They must also make recommendations to the magistrate about what they think is in the child's best interests. The child's best interests may be different to what the child wants to happen.
An older child may instruct her/his own lawyer to appear in court to represent their view and wishes.
If you have been told by the department that they are applying for a child protection order in relation to your child you should get legal assistance immediately.
What type of child protection orders can the court make?
The court can make the following orders (or combination of these orders) that:
- direct you (and/or the other parent) to do or not to do something related to your child's care
- order that the department supervises your (and/or the other parent's) care of the child
- order that a relative or the department have day to day care of your child (custody)
- order that a relative or another person (usually a foster carer) or the department be entitled to make the important decisions about your child's care. Examples of this include where your child will go to school or what medical treatment your child should have (guardianship).
Are there any limits on child protection orders?
All child protection orders have time limits placed on them. The aim is to return your child to your family if the need for protection can be resolved.
If the court makes an order placing your child outside your care, then another member of your child's family is the preferred carer. If no suitable family member is available, then your child will be placed in foster care.
Can I appeal the making of a child protection order?
Yes. You and/or your child may appeal against a child protection order. You should get immediate legal advice as there is a time limit of 28 days.
What is a case plan and family group meeting?
If your child is in the care of the department, they must have a case plan.
A case plan is a document setting out your child's needs and how they will be addressed. For example, how often you and your child will see each other (contact) if your child is having contact with you (or the other parent), the details of how often that contact happens will be set out in the case plan. Case plans are made at a meeting between you, the department, and any one else who is involved in the your child's care or welfare. These meetings are called family group meetings.
If you are invited to attend a family group meeting, you should get legal assistance.
Is the information about the report of child abuse confidential?
If your child is assessed to be in need of protection some service providers or government agencies may have access to some information about your child and their needs. Apart from these circumstances the information about your family is confidential.
Can children be left at home without supervision?
It is a criminal offence to leave a child under 12 unattended for an unreasonable time without making reasonable provision for the supervision and care of the child. There is no fixed rule about what is reasonable in an individual case. The Department of Child Safety (the department) is the organisation that investigates reports of harm or suspected child abuse against any child under 18.
It is a criminal offence to cause harm to a child under 16 either physically, emotionally or psychologically by leaving the child without adequate food, clothing medical treatment, accommodation and care or by failing to take all lawful steps to obtain those things for the child or by deserting a child or leaving a child without a means of support.
Who can I complain to about the Department of Child Safety?
You can make a complaint about a child safety officer or other departmental person directly to the complaints section of the Department of Child Safety on 1800 08 04 64.
Complaints about services provided to children who are in the care of the department can be made to the Commission for Children and Young People.
If you disagree with a decision made by the department about your child you can contact the Children Services Tribunal and ask them to look at the decision and make sure it is fair. The Children Services Tribunal can only review specific decisions, for example decisions about where your child will live and how much contact you can have with them. For more information contact the Children Services Tribunal directly.