What is child protection in Queensland?
Child protection in Queensland aims to keep children safe from harm, abuse or neglect. The Department of Children, Youth Justice and Multicultural Affairs steps in when a child’s parents are unable to protect them from an unacceptable risk of harm.
Child Safety Services may intervene through court proceedings, temporary assessment orders, or court assessment orders to ensure the child’s welfare is prioritised.
Can Child Safety take my child away?
Yes, Child Safety can remove a child if there’s an unacceptable risk of suffering harm. The Department of Children, Youth Justice and Multicultural Affairs must follow strict legal processes, and in most cases, they will first work with the family to address concerns.
If the situation doesn’t improve, a Children’s Court application may be made for a temporary assessment order or further intervention.
What is a Child Protection Order (CPO)?
A Child Protection Order (CPO) is a legal order from the Children’s Court made when a child is at risk of suffering harm. This order places the child in the custody of Child Safety or another suitable person. The CPO ensures the child’s protection by outlining care arrangements, sometimes up to two years, and can be extended or modified depending on the circumstances.
What happens if I get a letter from Child Safety?
If you receive a letter or visit from Child Safety, it is crucial to seek legal advice immediately. A lawyer can help you understand the legal process, advise on how to respond, and ensure you have a clear understanding of your rights.
Experienced lawyers can assist with any court proceedings and help you navigate the whole process, including court assessment orders if needed.
What is a safety plan?
A safety plan is a written agreement between Child Safety and a family to address safety concerns without going to court. It outlines specific steps the child’s parents must take to reduce risks and ensure the child’s safety.
Safety plans are often temporary measures, allowing families to make necessary changes before further intervention, such as a short-term order or court proceedings.
Do I need a lawyer for a child protection matter?
Yes, obtaining independent legal advice is essential in child protection matters. A family lawyer can help you understand your legal rights and the implications of any court assessment orders and represent you through court proceedings. Experienced lawyers can also help ensure that the child’s best possible outcome is achieved while navigating complex court proceedings and child protection orders.
What is the Children’s Court?
The Children’s Court handles cases involving children’s welfare, such as child protection orders or custody disputes. It makes decisions based on the best interests of the child. Court proceedings are often initiated when Child Safety seeks an order to protect a child from harm. The Children’s Court ensures the child’s safety and considers all evidence before making a decision, often in relation to the welfare of the child.
What’s the difference between a care agreement and a court order?
A care agreement is a voluntary arrangement where Child Safety and parents agree on a temporary care solution, such as placing the child with a relative. A court order, on the other hand, is legally binding and involves a judge’s decision, typically following court proceedings. Court orders may be in place for up to two years and enforce child protection measures.
Can grandparents or family members care for a child in protection?
Yes, this is called kinship care, and it’s often preferred as it keeps the child within the family. Family lawyers can help with the application process, which can be organised through the Federal Circuit and Family Court of Australia. If the child is placed with a relative or family member, it’s typically a short-term order, but care arrangements can be made permanent through further legal steps when they are deemed in the best interests of the child.
What support is available for parents when it comes to child protection matters?
Parents involved in child protection matters can receive legal advice, emotional support and access to programs such as parenting support or counselling. Experienced lawyers can guide you through the whole process and help you seek the best possible outcome for your family.
The Department of Children, Youth Justice and Multicultural Affairs may also offer support programs tailored to your family’s needs during the intervention.