Child protection legal information

When you need legal advice

Get legal advice if:

• you’re being investigated by Child Safety, even when pregnant
• Child Safety has asked you to sign an agreement about your child, such as a safety plan, care agreement or an intervention with parental agreement
• Child Safety has given you documents or told you they are asking the court to make an order about your child
• you or your child want to appeal a child protection order that has already been made
• you want to apply to amend or revoke a child protection order (have your child returned to your care or the order changed)
• you’re invited to attend a family group meeting or case plan review meeting
• someone who is not a parent or guardian of your child wants to be involved in your child protection court case.
• you do not agree with a decision that has been made about your child’s placement or contact with you
• you would like to be considered as a guardian for a child who is in the care of child safety, or be included in child protection proceedings
• You are a child or young person who is under a temporary or final child protection order and you want to have a say in the decisions that affect your care arrangements

How to get legal advice

Reporting child abuse

If you think a child has been, is being, or is at risk of being harmed, you can report this to police—call 000 in an emergency. Generally, your identity will remain confidential.

In Queensland, it might be an offence for an adult not to report to police any sexual offending being done to a child by another adult.

Harm to a child is any detrimental effect of a significant nature on a child’s physical, psychological or emotional wellbeing, caused by:

• physical, psychological or emotional abuse
• neglect
• sexual abuse or exploitation.

It doesn’t matter how the harm is caused, and it can be a single act, omission or circumstance or a series or combination of acts, omissions or circumstances.

Mandatory notifiers

The following people must notify Child Safety if they have reasonable suspicions that a child has been harmed or is at risk of harm

• doctors
• nurses
• teachers
• police officers
• child advocates with the Office of Public Guardian
• family law court employees.

Child Safety’s role

Child Safety’s role is to protect children and young people who have suffered harm or are at risk of suffering harm, and whose parents are not willing or able to protect them. Child Safety investigate reports of alleged child abuse and neglect. Child Safety must also assess how a child’s protection and care needs can be met and provide ongoing assistance to a child and their family, if required.

If Child Safety believes a criminal offence has been committed during the alleged harm of the child, then they must give these details to the police.

Unborn children

If, before a child is born, Child Safety suspects that the child will need protection after their birth, they must take appropriate action. This includes:

• investigating the family’s situation, assessing the risk of future harm and how the baby’s protection needs can be met; and
• offering help and support to the pregnant mother.

Child Safety’s investigation

If Child Safety is investigating allegations of harm to a child, they must also assess how the child’s protection and care needs can be met.

Child Safety has a range of powers during an investigation. This can include receiving information from your children’s teachers, doctors or nurses, or speaking with your relatives or people close to your family.

Child Safety officers may have contact with your child without your approval or knowledge if they reasonably believe:

• it’s in your child’s best interests to speak with Child Safety before you, or the child’s other parent or guardian are told about the investigation; or
• the investigation would be adversely affected by you or the other parent knowing about the interview in advance.

During the investigation, police or a Child Safety officer may take your child into immediate custody.

Child Safety officers may ask you to come into one of their offices for an interview about the alleged harm. You can have a support person or a lawyer with you when they talk to you. Even if you don’t speak with them, Child Safety must investigate the complaint.

Child Safety officers can also talk to other people such as teachers, relatives, nurses and doctors if it helps them with their investigation.

Child protection orders

You should immediately apply for legal aid if an application has been made for a court assessment order or a child protection order that would grant Child Safety or another person custody of your child.

Get help from a private lawyer if you’re not eligible for legal aid.

What action can Child Safety take?

Child Safety will take any actions necessary as part of an investigation to assess whether your child needs protection.

They must properly consider an intervention with parental agreement (IPA), which can include entering into an assessment care agreement or child protection care agreement.

Aboriginal and Torres Strait Islander children

When working with Aboriginal or Torres Strait Islander families, Child Safety must make active efforts to uphold the family’s rights under the Aboriginal and Torres Strait Islander Child Placement Principle.

This means Child Safety will make active efforts to:

• respect and understand the child’s culture
• make sure the child and family have their say
• listen to what the affected people say before making decisions
• support families to have an independent person
• work with the local community-controlled organisations so families get the right help at the right time.

When Child Safety is making an important decision about an Aboriginal or Torres Strait Islander child, the child and their family have a right to be heard. The child and family can have a person with them who is not part of Child Safety to help make sure their voices are listened to. This person is called an independent person. 

It may not be possible for the child and family to have an independent person when urgent action is needed to protect a child.

Assessment care agreements

When investigating an allegation of harm to a child, Child Safety must properly consider an intervention with parental agreement (IPA) before other types of action. This is where the child remains in the family home for all, or most of the intervention period.

Child Safety will consider an assessment care agreement if it is satisfied you and your child’s other parent are able and willing to work with them to meet your child’s interim protection needs during the investigation.

It will also need to be satisfied that it’s in your child’s best interests to be temporarily placed in the care of someone other than you or your child’s other parent, and that there will be no safety concerns about you and your child’s other parent retaining guardianship and custody rights.

An assessment care agreement can be signed for up to 30 days and cannot be extended. The agreement is signed by you, your child’s other parent and Child Safety.

During this time your child will be placed with an approved carer, licensed care service or another entity.

The agreement must state:

• the name of the person in whose care your child will be placed
• the period of the agreement
• where your child will be living
• arrangements for contact between your child and you and their other parent
• the types of decisions that relate to your child’s care for which you must be consulted.

If an assessment care agreement is entered into with only one parent, Child Safety must:

• make reasonable attempts to give a copy of the agreement to the other parent and obtain the other parent’s consent, after the agreement has been entered into
• record all attempts to contact and obtain consent from the other parent.

An assessment care agreement can be ended by giving 2 days’ notice to the other parties. If the agreement is ended and Child Safety still needs to investigate and assess the allegation of harm, or risk of harm to your child, it may apply for an assessment order (either temporary assessment or court assessment order).

Removing children

During an investigation, a police or a child safety officer may take your child into their custody for up to 8 hours without an order if there’s a reasonable belief that your child is at immediate at risk of harm unless taken into custody.

The Child Safety officer or police:

• must (as soon as reasonably possible) apply for a temporary assessment order or a temporary custody order
• may also arrange for a medical examination or treatment of your child.

Assessment orders

Temporary assessment orders and court assessment orders authorise actions needed as part of an investigation to assess whether a child needs protection. The assessment order may allow Child Safety to:

• have contact with your child
• enter and search your home or another location to find your child
• arrange for your child to be medically examined or treated
• take your child into Child Safety’s custody
• direct you not to have contact with your child during the investigation.

At the end of the assessment order, if Child Safety decides your child needs ongoing protection, it may refer the matter to the Director of Child Protection Litigation, who will decide whether to apply for a child protection order.

Temporary Assessment Orders	These orders are usually made under urgent circumstances and without a court hearing. The order lasts for 3 business days.
Court Assessment Orders	These orders are made at a court hearing. Child Safety should give at least 3 days notice of the hearing.  The Order lasts for 28 days from the first court date and can be extended once for an additional 28 days.

What if child safety officers decide my child has been harmed?

At the end of an investigation, if Child Safety is satisfied your child needs protection and ongoing help, it will work with you and your family to make sure your child is safe.

Child protection care agreements

Child Safety must consider if an intervention with parental agreement (IPA) is appropriate for your family.

Child Safety will consider an intervention with parental agreement (IPA) if it is satisfied that you and your child’s other parent are:

• willing and able to work with them to meet your child’s protection and care needs and
• it is likely at the end of the proposed intervention that you or your child’s other parent will be able to meet your child’s protection and care needs.

During intervention with parental agreement, or while a child is subject to a directive or supervision order, a child may be placed in an out-of-home care placement with an approved carer using a child protection care agreement, if they require either:

• a short-term out-of-home care placement with an approved carer, to ensure their protection and care needs are met
• regular short-term placements (for example, one weekend a month), if identified as a need during the case planning process.

A child protection care agreement:

• can be used for an initial period of up to 30 days
• can be extended more than once if the child has a current case plan
• can only be extended for a maximum of 30 days at a time, with the approval of the Child Safety Service Centre manager
• can only be used to place a child for a maximum total of 6 months in any 12-month period
• grants custody of a child to the chief executive while the agreement is in force
• enables the parent to retain all rights and responsibilities associated with the guardianship of the child and be given an opportunity to be involved in decisions about the child's care
• gives Child Safety the authority to make decisions about the child’s contact with others.

Child Safety must be satisfied the agreement would be in your child’s best interests to be temporarily placed in the care of someone other than you or your child’s other parent. They also must be satisfied that if you or your child’s other parent were to end the agreement, that it would be unlikely for your child to be at immediate risk of harm.

The agreement must state:

• the name of the person in whose care your child is to be placed
• the period of the agreement
• where your child will be living
• the arrangements for contact between your child and you and their other parent
• the types of decisions relating to your child’s care for which you must be consulted.

You should get legal advice before signing a child protection care agreement.

A child protection care agreement can be ended by a party by giving 2 days notice to the other parties. If the agreement is ended and Child Safety still believes your child needs protection and ongoing help, it may make an assessment that a child protection order is needed.

Child protection orders

If Child Safety believes your child is in need of protection it may refer the matter to the Director of Child Protection Litigation, who will decide whether to apply to the Childrens Court for a child protection order.

If the Director of Child Protection Litigation applies for a child protection order, a lawyer from the Office of the Director of Child Protection Litigation will come to court for the application.

Type of order	Time limit
Protective Supervision and Directive orders	Maximum of 12 months	Child remains in the care of one of their parents. Directive order - The court may direct one or both parents to do or not do something (such as an education program) Supervision order – authorises Child Safety to have contact with a child and supervise their wellbeing.
Out of home orders – short term custody or guardianship orders	Maximum of 2 years.	Child is not in the care of their parents.  The purpose of the order is for the parents to work with Child Safety to address the concerns so that the child can return to the care of one of their parents.
Long-term guardianship orders and permanent care orders	Until the child turns 18 years old.	When Child Safety has assessed that the child cannot be returned into their parents’ care and long-term care is required to protect and care for them

Speaking to the court

You, your child's other parent, and your child (if old enough) can come to court in person to speak to the magistrate each time the application is mentioned. You can have a lawyer represent you. If you have a lawyer representing you, they will tell you whether you need to attend court with them

Other significant people in the child’s life, such as family members, may also be able to speak to the court.

Learn how to be part of the proceedings 

Court appointed representatives 

The court may appoint a separate representative for your child — this is a lawyer who represents your child's best interests.

This representative:

• must advise the court about what your child wants (if they are old enough to communicate their views and wishes)
• must make recommendations to the court about what they think is in your child's best interests — this may be different from what your child wants
• may decide to have a social assessment report prepared. This is a report which information about your child’s history, living situation, views and wishes . It also provides an independent opinion on the best way to protect your child’s best interests.

Other representation in court

A Public Guardian child advocate can also support a child to express their views and wishes to the court.

An older child may instruct their own lawyer to appear in court to represent them—this is called a direct representative.

What can the court order?

The court can make orders (or a combination of orders) that:

• direct you (and/or the other parent) to do, or not do, something related to your child's care
• order Child Safety to supervise your (and/or the other parent's) care of your child
• order a relative or Child Safety to have daily care of your child (custody)
• order a relative or another person (sometimes a foster carer) or Child Safety to have daily care of your child and make important decisions about your child's care. For example, where your child will go to school or what medical treatment they should receive (guardianship). 

If the court makes an order placing your child outside your care, then another family member can apply to Child Safety to be assessed as their kinship carer. If no suitable family member is available, then your child will be placed in foster care.

The court can also make or change a domestic violence protection order when hearing a child protection case.

See domestic and family violence.

How long does the order last

Child protection orders have time limits. Generally, the overall aim is to return your child to your family if protection is no longer needed. There is a limit on the duration of short-term orders (granting custody or guardianship to the chief executive) to a total period of 2 years from when the first order was made. For example, if a child has been subject to a short-term custody order for 2 years, a second, consecutive short-term consecutive order cannot be made.

The 2-year period doesn't include assessment orders or interim orders that were in place before the first child protection order application was finalised.

There is an exception – the court may make a second short-term custody order if it is satisfied that:

1. it is in the best interests of the child or young person; and
2. reunification (returning your child) is reasonably achievable in a longer timeframe, the court may choose to make another short-term order.

Appealing a child protection order

You or your child can appeal against a child protection order within 28 days of the order being made. Get immediate legal advice if an order is made and you want to appeal it.

Applying to the court to have my child returned to my care

If your circumstances change after a child protection order has been made, you can apply to the court and ask for the order to be varied (changed) or revoked (cancelled) and your child returned to your care. Your child can also apply to the court, if they are old enough.

If you or someone else has already filed an application to vary or revoke the order and the court has already made a decision about this previously, you will need permission from the court to file a second application.

If your child is subject to a permanent care order, only the Director of Child Protection Litigation can apply to the court to revoke this order. 

Case plans, family group meetings and case plan review meetings

Your child must have a case plan if Child Safety decides they need protection and ongoing help.

A family group meeting is where your family and other important people in your child’s life meet with Child Safety to develop a case plan.

A case plan is a written plan that sets out what each person will do to ensure your child’s protection and care needs are met. Generally, this plan will be for the next 6 months of your child’s life and should be reviewed regularly at ‘case plan review meetings’.

A case plan should include:

• goals to be achieved by implementing the plan
• arrangements about where your child will live, or who they will live with
• services to be provided to meet your child’s protection and care needs and promote your child’s future wellbeing; this can include any educational and or special needs your child may have, and any medical examinations or appointments your child needs to attend
• matters for which Child Safety will be responsible, including support or services
• how often you, your family and other people connected with your child can have contact with them, and when this can happen
• arrangements for maintaining your child’s ethnic and cultural identity
• matters for which a parent or carer will be responsible
• a proposed review date for the plan.

The case plan should also consider what will happen if your child cannot be returned into your or their other parents care.

Confidentiality

Information about child protection is usually confidential. You should not speak about the child protection court case or provide a copy of the court documents with anyone who is not involved in the court case. In some situations, information about your child may be given to a service provider or government agency.

Sometimes the Childrens Court can let people who are not a child’s parents or guardian take part in a child protection court case and let them have information about the case and your child.

For this to happen, the person who wants to join the court case would need to make an application to the court. Everyone who is already involved in the case will have a chance to tell the court if they agree or disagree with them being included in the case.

Related publication: Can I be involved in a child protection court case if not the child's parent or guardian?

Leaving children at home without supervision

It's a criminal offence to leave a child under 12 unattended for an unreasonable time, without providing reasonable supervision and care of the child. There's no fixed rule about what's reasonable.

If you have care of a child, or you're in charge of a child under 16 (includes a parent, foster parent, step-parent, guardian, or other adult in charge of the child) it's a criminal offence to:

• cause harm to the child (any detrimental effect of a significant nature on their physical, psychological, or emotional wellbeing, whether temporary or permanent) by failing to provide the child with adequate food, clothing, medical treatment, accommodation, or care when it's available for your own resources
• fail to take all lawful steps to get those things for the child when not within your resources
• leave a child without a means of support.

The police may investigate an alleged offence, and Child Safety may also investigate if they are concerned the child has been harmed or at risk of alleged harm.

Making a complaint about Child Safety

To make a complaint about Child Safety or a Child Safety officer, contact the Department of Families, Seniors, Disability Services and Child Safety complaints section.

If you disagree with particular decisions made by Child Safety about your child, contact the Queensland Civil and Administrative Tribunal (QCAT) and ask them to review the decision.

QCAT can only review specific decisions, for example, decisions about where your child will live and how much contact you can have with them. Contact the tribunal for more information. Get legal advice.

If your child is in someone else's care and you think they may be in danger, contact police. It’s a matter for the police whether they take action or not. In an emergency, call 000. Get legal advice.

How to get legal advice

We may give general advice about child protection matters. 

Contact us

Other places to get legal advice:

• Community legal centres
• Private lawyers

Who else can help?

• Organisations directory

Related information

• For children and young people in care
• Caring for children when you are not their parent

Last updated

23 January 2026