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3.3.4 Protection order (special guardianship)

Last Modified: 23-Aug-2023 Review Date: 04-Jan-2021

 ‭(Hidden)‬ Legislation

Overview

A protection order (special guardianship) (SGO) is an order made by the Children's Court of Western Australia (the Court) (s.60 of the Children and Community Services Act 2004 (the Act)).  An SGO grants parental responsibility for a child to an individual or two individuals jointly until the child reaches 18 years of age, to the exclusion of any other person.  These individuals are known as special guardians (s.3).   Special guardians no longer need to consult with the Department of Communities (the Department) or the child's parents' in exercising their parental responsibility for the child.  An SGO cannot be granted to the CEO or to a parent of the child. 

An SGO is one of the Stability and Connection options for children in long term out-of-home care, providing a child with long-term stable care while maintaining their connection to parents, family, culture and their community where possible.  This enhances the child's sense of belonging and provides them with the security and stability they need in their life.

The Court may place certain types of conditions on a SGO with which special guardians must comply.  They include conditions about contact between the child and another person or, for Aboriginal children or children from a culturally and linguistically diverse (CaLD) background, conditions about cultural support aimed at maintaining the child's cultural identity and traditions.  

It is a condition of every SGO that a special guardian must not, except with the permission of the Court, make an application under the Births, Deaths and Marriages Registration Act 1998 to change the child’s name (s.63).  

Note:  CEO refers to the Chief Executive Officer of the Department. The term "placement arrangement" is used in the Children and Communities Services Act (2004) to refer to a care arrangement made under s. 79(2) for the placement of a child. These terms mean the same thing and are interchangeable. 

Rules

  • When applying for an SGO, you must provide a report to the Court regarding the suitability of the proposed special guardian (s.61(3)).  This report must:
    • address the suitability of the proposed special guardian to provide long-term care for the child, and their willingness and ability to do so
    • outline the proposed arrangements for the child's wellbeing, including for encouraging and supporting the child to develop and maintain contact with the child's parents, siblings and other family members and with other people significant in the child's life, and
    • for Aboriginal and CaLD children, contain information addressing the Aboriginal child placement principle in s.12 of the Act or the CaLD Placement Guidelines established under s.80 of the Act.

Where an SGO application is for an Aboriginal child with a sole non-Aboriginal person or two non-Aboriginal people, the CEO must also provide the Court with a report prepared by an Aboriginal organisation or Aboriginal individual who meets the criteria in regulation 23 of the Regulations (s.61(2B)). The purpose of this additional report is to provide the Court with an independent Aboriginal perspective on the cultural implications of the proposed SGO.  For further direction on this requirement see SGO Guidance Note – Independent Report s.61.(2B). 

Process Maps

Not applicable.

Information and Instructions

  • Assessing the appropriateness of an SGO
  • Who can apply for a protection order (special guardianship)
  • Assessing the appropriateness of an SGO for an Aboriginal child
  • Assessing the proposed special guardian
  • Participation of the child
  • Appointment of Child Representative
  • Participation of the family or community
  • Applying for a protection order (special guardianship)
  • Contact between the child, their parents or others
  • Independent report to the Court for certain Aboriginal SGO applications - s.61(2B)
  • Payments to the special guardian / Possible legal claims for a child
  • Other possible payments
  • Arrangements after an SGO is granted
  • Ongoing support for the child
  • Changes to the child’s living arrangements or care needs
  • Revoking or making variations to the order
  • Death of joint or sole special guardians
  • Leaving care services for children under an SGO
  • Assessing the appropriateness of an SGO

    The best interests of the child must always be your paramount consideration, including when making decisions about the appropriateness of an SGO.

    Before considering an SGO for a child, you should be sure that it is a better option for the child than another type of order. 


    Before deciding whether to apply for an SGO for a child, or to support a carer's SGO application, an assessment of the proposed special guardian must be undertaken. This assessment will form the basis of your report to the Court under s.61(3) of the Act.

    You should carefully consider if an SGO is the best option if a child requires significant and/or increasing levels of support due to their disability, physical or mental health status. If an SGO is assessed to be suitable in these circumstances, ensure the carer and parents clearly understand what support options may be available to them, including from the Department and the Commonwealth government, but that it will be the carer's responsibility to meet the child's future needs if such support is not forthcoming. If the child is eligible for assistance from the National Disability Insurance Scheme (NDIS), the child's care plan should reflect this, including that communicating with the service provider will become the sole responsibility of the special guardian. 

    Information relevant to the assessment will include the child's Care Plan, Stability and Connection Planning, carer reviews, health care planning, education planning and Cultural Support Plan.

    The Needs Assessment Tool (NAT) is a tool that assesses the complexity and changing needs of children in the CEO's care and will assist to determine if an SGO will meet these needs. For more information, see Chapter 3.4 Needs Assessment Tool. Any assessment regarding the child's needs should address future needs and identify any current and future support services required.

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    Who can apply for a protection order (special guardianship)

    If the Department does not support a carer's application for an SGO, send a letter, signed by the District Director to the carer to outline the reasons.  Refer to the Template Letter – Decision not to endorse a SGO application (in related resources).

    Either the CEO or a child's carer can apply for an SGO at any time. The CEO may make an initial protection application for an SGO (s.44) or apply to revoke and replace an existing protection order with an SGO (s.68).

    An individual (carer) may apply for an SGO only if they have been the child's carer, while the child has been the subject of a protection order (time limited) or (until 18), for at least two years immediately preceding the application (s.69A). An application made by a carer does not require the consent, endorsement or approval of the Department, however, if the Department does not support the application, as a party to proceedings, it will need to be determined by a court following a contested hearing.

    The decision to apply for an SGO is an appropriate option only where:

    • reunification is not possible or in the child's best interests
    • there is no need for the Department's continued case management to support the child, and
    • an SGO will provide the child with a long-term stable home whilst maintaining their connection to family and others who are significant to the child, and for Aboriginal and CaLD children, to the culture and traditions of their family or community. 

    Where a child is Aboriginal or from a CaLD background, you must support their specific language and cultural needs when considering an SGO.  Where possible, this information should be obtained from the child's family and community. 

    For more  information relating to supporting the cultural, ethnic and religious needs of CaLD children, refer to Chapter 3.4 – Cultural Support Planningor to the Principal Policy and Planning Officer, Cultural Diversity in SCPU.  


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    Assessing the appropriateness of an SGO for an Aboriginal child


    When considering an SGO for an Aboriginal child, you must take into account the child's cultural needs in accordance with their cultural support plan, and should consult with the following to determine if the proposed SGO will meet these needs:

    • Aboriginal members of the child's family
    • an Aboriginal Practice Leader
    • a relevant member of the Aboriginal community or an ACCO.

    Record all consultations in Assist in the case plan screen. For further details, refer to the Assist User Guide – Case Plan Consultations (related resources) and Chapter 3.4 – Child Placement Principle and Culturally Responsive Care Arrangements.

    The report referred to in s.61(2B) of the Act must be prepared by an Aboriginal organisation or Aboriginal individual who meets criteria in regulation 23 of the Regulations. For further direction on this requirement see SGO Guidance Note – Independent Report s.61(2B) (in related resources).

    If the proposed carer is from a Community Sector Organisation (CSO) or an Aboriginal Community Controlled Organisation (ACCO), work with the agency to ensure the carer is aware of the process for the SGO application and the Departments role in this process. The usual assessment process applies, but you should work in collaboration with the agency.  

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    Assessing the proposed special guardian

    An assessment to determine if a proposed special guardian is suitable for an Aboriginal child must be made with careful consideration of the principle in s.8 and 9(ga) of the Act regarding the importance of preserving and enhancing a child's connection with the culture and traditions of the child's family or community, and also the intent of the Aboriginal and Torres Strait Islander Child Placement Principle to promote the child's connection to their family, community and culture.

    Where the child is not cared for, or in regular or consistent contact with family, the importance of commitment and capacity of special guardians to support and maintain cultural connection is reinforced. For further information, refer to SNAICC’s Aboriginal and Torres Strait Islander Child Placement Principle: Aims and Core Elements (related resources).

    The assessment of a carer's suitability to be a special guardian should be undertaken by a child protection worker using the assessment template, Assessment of Proposed Special Guardian for a Protection Order (Special Guardianship) (SGO) (in related resources). The assessment should be completed alongside Stage 3 of Stability and Connection Planning, where decisions regarding long-term out-of-care home occur.

    Before assessing a person's suitability to be a special guardian, provide them with the SGO - Proposed Special Guardians Information Sheet (in related resources).  Before deciding to proceed, the proposed special guardian should be:

    • encouraged to seek legal advice to learn about their legal rights and responsibilities;

    • supported to identify the child's current and likely future support needs to determine if becoming a special guardian is the right choice for the carer and their family;

    • informed about their responsibilities to support the child's connection to family and other people significant to them, including possible associated costs such as travel and planning;

    • advised that there may be difficulties if they want to move interstate or overseas in the future and that if they do wish to move interstate, they may be required to register the SGO in the Family Court and, if they move overseas, they will need to seek legal advice; and 

    • made aware that in the event of their death (if they are a sole carer), or the death of both carers, once notified by the CEO, the Court will revoke and replace the SGO with a protection order (time limited) under s.69B of the Act.  Parental responsibility will revert to the Department while the child's circumstances are reviewed and appropriate plans made in the best interests of the child. 

    Before an application for an SGO is made, ensure the proposed special guardian is aware of their obligation to pursue any legal claims on behalf of the child. For further information, refer to Chapter 3.3 –  Legal support for children in the CEO's care

    Before starting a suitability assessment make sure the proposed special guardian/s understands their responsibilities to meet the child’s needs across the nine dimensions of care, and the Department's role under an SGO. 

    Your assessment should include all interviews with relevant parties, including the child, the parents and other family members, and the carers and carer household members, and should detail their views and wishes about the proposed special guardianship.  

    When interviewing the proposed special guardian, comprehensively explore their views, willingness, motivation, and capacity to meet the following responsibilities associated with an SGO. These include:

    • Maintaining the child's connection to parents, siblings, family and significant others.

    • Meeting the child's cultural, educational, health, safety and wellbeing needs.

    • Identifying new needs as they arise, identifying and planning to meet future needs.

    • Capacity and willingness to seek out and engage with appropriate informal and formal networks and support services as needed to meet the child's needs, until that child reaches 18 years, especially where the child has complex needs. 

    All written assessments should include reference the following: 

    • The identified specific needs of the child, including the likelihood of these needs increasing as the child gets older. This includes, but is not limited to, the child's physical or psychological health needs.

    • If disability, or potential disability has been identified, the child's status with the National Disability Insurance Scheme (NDIS). Wherever possible, any outstanding issues with the child's NDIS status or plan should be resolved prior to making the SGO application and ongoing management responsibility is transferred to the special guardian.

    • Relevant information or discussions related to the special guardians capacity to meet the financial needs of the child, information provided to the guardians about how to seek financial support in the future, and any proposals for financial support to be included in the SGO application.  

    • An assessment of the suitability for the proposed special guardian, including a summary of their strengths, areas for development and any potential risk or current concern.

    • An assessment on the merit of the SGO, and your recommendation for why it is, or is not, in the child's best interest. 

    If areas of development are noted during the assessment, it is expected that the special guardian will work with the Department to address any concerns prior to the application of the SGO. 

    Approval from the Team Leader, Assistant District Director and District Director is required to complete your written assessment. If the child is Aboriginal, endorsement from the Aboriginal Practice Leader is required prior to Team Leader approval. Advice and guidance can also be sought fromt he SGO Support Team during the application process. 

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    Participation of the child


    Subject to the child's age and level of understanding, the child must be given an opportunity to express their wishes and views about the SGO freely, if they wish to do so (s.10 of the Act).  To ensure the child can participate meaningfully, they must be provided with:

    • adequate information about the decision being made, in accessible language and in a manner they can understand
    • an explanation about why the decision is being made
    • any help they need to express their views and wishes
    • information on how their views and wishes will be documented, and
    • a chance to respond to and challenge the decision made (this may occur through the appointment of a separate representative for the child).

    Use different methods to explore and capture the child's wishes and views. Three Houses and Words and Pictures are helpful if the child is non-verbal due to age or disability, and Viewpoint is an additional tool that can be considered if a child is struggling to express their feelings for other reasons. 

    For more information and suggestions on engaging the child, see Chapter 3.4 – Charter of Rights for Children and Young People

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    Appointment of Child Representative

    ​The appointment of a child representative where an SGO application has been made is not a legal requirement but is advisable, especially in relation to older children. The CEO may recommend to the Court that it make an order for a child to be separately represented by a legal practitioner (s.148) and may liaise with Legal Aid or the Aboriginal Legal Service regarding arrangements for representation for the child

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    Participation of the family or community

    Aboriginal and Torres Strait Islander people have a right to participate in the protection and care of their children with as much self-determination as possible (s.13).

    Family, community, or a representative organisation of Aboriginal people must be given, where appropriate, an opportunity and assistance to participate in decision making processes under the Act that are likely to have a significant impact on the life of a child who is a member of, or represented by, the family, community or organisation (s.14).

    You must provide the child's parents and family an opportunity to share their views and wishes about the proposed SGO. Alongside discussions with carers and the child, conversations with the child's parents and family are vital to consider if the proposed SGO is in the best interests of the child.

    Parents and other people significant to the child or young person should be given adequate information in a manner and language they can understand. Where a client has difficulty understanding or communicating in English or has a disability which prevents or restricts their understanding of, or participation in, decision-making processes you should, as far as practicable, offer interpreter or other services to support the person's understanding and participation in the process (s.9(l)). Where support is required, it may include:

    • interpreter services;

    • translating important documents where the person is not confident in reading English, but is proficient in another language;

    • for persons with disability, providing a support person

    • creating a culturally safe environment during decision making processes, including meetings.

    For more information regarding the use of interpreters, see Chapter 4.2 – Language Services Booking and Payment

    When engaging with parents, family, other significant people, or the child themselves, make sure you clearly, accurately, and comprehensively document their views, wishes and any other relevant information discussed. The type of documentation you use will depend on the type of engagement, but as a minimum, ensure there is a case note on the child's file to record the family's wishes and views about the proposed SGO.

    These case notes will inform the CEO's report to the Court required under s.61(3) of the Act.


    Opportunities for decision making meetings or conversations about a proposed SGO with a parent, family member or other person significant to the child can occur during:

    • Care Planning meetings

    • Signs of Safety meetings

    • Stability and Connection Planning meetings, or

    • on an ad hoc basis according to the specific needs and capacity of the family. 

    There may be circumstances or situations where formal meetings are difficult or impossible, such as in regional areas or across large geographical distance. Where this is the case, consider using other strategies for engagement such as:

    • videoconferencing

    • telephone, including conference calls

    • text or messaging via apps

    • email, or

    • letters.

    Provide the child's parents and family with as much information as possible about the process and explain the legal impacts the SGO will have on them and the child. Even if you are confident the family understand the impact the SGO may have on them, provide them with the SGO - Information Sheet for Parents and encourage them to seek independent legal advice.  Independent legal advice can be sought from:

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    Applying for a protection order (special guardianship)

    Before applying for an SGO, contact Legal and Business Services (LBS) to seek information regarding any known or potential legal and/or financial claims for the child.

    LBS can be contacted via Sharepoint using the Request Form page


    If, in consultation with the Team Leader, and where appropriate, the Aboriginal Practice Leader and or the Senior Advisor for Cultural and Linguistic Diversity, it is determined that an SGO is in the child's best interests, document decision making in the Stage 4 Stability and Connection Planning Form. This is also where current and proposed family contact arrangements should be documented. See the Stage 4 Long-term Guidance template for examples of how to complete the form and the information required.

    Stability and Connection Planning should be reflected in the child's case plan on Assist, and, where appropriate, endorsed by the Aboriginal Practice Leader before being approved by the District Director. The District Director should be provided a copy of the draft case plan via email prior to approval. Save the case plan to the child's case file in Objective and link the case plan to Assist. 

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    Contact between the child, their parents or others

    The proposed special guardian must be made aware of the Department's recommendation to the Court regarding contact.

    An SGO may include conditions about contact between a child and another person, such as a parent, sibling, family member or other person significant to the child.  The special guardian will be responsible for implementing the contact arrangements and for supporting and maintaining contact with people important to the child.  

    Ideally, contact should be consistent, regular, and supported as a positive part of the child's life.  The special guardian can support contact in many ways, such as:

    • through audio or visual calls using social media or apps such as Facebook Messenger or Skype

    • emails, letter, exchanges of photos, text and messaging using apps and social media

    • involving the child's family in celebrating birthdays and other significant events such as cultural celebrations or rites of passage

    • visits with parents and other family members, including overnight or extended holidays, particularly as the child ages and becomes more independent

    • international trips to visit family if the child has family overseas, or if their family originated from another country, and

    • if the child is Aboriginal or Torres Strait Islander and not living on Country, return to Country trips.

    Existing contact plans for the child should be recorded in the child's Care Plan and, if relevant, in their CSP.  The contact plans should set out the frequency, duration and nature of the contact and will inform the Department's s.61(3) Court report. The Court may accept the Department's recommendation that current contact continue as a condition on the order or may make alternative conditions related to contact.

    If the proposed special guardian is not able to manage contact arrangements, you should consider if they would be a suitable special guardian. However, if there are complicating factors, such as safety concerns, use of a contact service can assist to facilitate and maintain contact arrangements. 

    If a contact service is required, complete the referral process before submitting the application. It is important to demonstrate that the use of the contact service will ensure contact will be maintained and to provide this information to the Court. If the contact service declines the referral, an alternative proposal for contact arrangements must be included in the application to the Court.

    Costs associated with use of a contact service should be included in the application, as the Court may impose payment to cover associated costs.

    If an SGO is granted, send a copy to the contact service.


    A list of contact service providers can be found on the Australian Children's Contact Services Association website.

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    Independent report to the Court for certain Aboriginal SGO applications - s.61(2B)


    The Court must not make an SGO for an Aboriginal or Torres Strait Islander child, if no Aboriginal person or Torres Strait Islander is to be the special guardian, unless it first considers a written report prepared by an Aboriginal organisation or Aboriginal individual who meets criteria in regulation 23 of the Regulations (s.61(2B)).

    The Department must arrange for the preparation of this report and provide it to the Court.  While this is a new requirement, the Specialist Child Protection Unit will procure these reports in consultation with relevant district staff including the Aboriginal Practice Leaders.  For further direction on this requirement see Guidance Note – s61(2B) SGO Court Reports.

    This report is in addition to the CEO's s.61(3) report, which is required for every SGO application.  

    A report from the CEO (or delegate) to the Court is required under s.61(3) for every SGO application before the Court.  The s.61(3) report must:

    • address the suitability of the proposed special guardian to provide long-term care for the child, and their willingness and ability to do so;

    • outline the proposed arrangements for the child's wellbeing including for encouraging and supporting the child to develop and maintain contact with the child's parents, siblings and other family members and with other people significant in the child's life, 

    • for Aboriginal and CaLD children, contain information addressing the Aboriginal child placement principle in s.12 of the Act or the CaLD Placement Guidelines established under s.80 of the Act. 

    If the child is Aboriginal, Torres Strait Islander or a child of culturally or linguistically diverse background, their CSP must be attached to the report and provided to the Court as part of the SGO application.  For further information, see Chapter 3.4 – Cultural Support Planning.

    Note: The CSP does not have to be included if the SGO application is made under s.69(A) by the carer.


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    Payments to the special guardian / Possible legal claims for a child


    Legal claims

    If a child has a potential legal claim which has not been settled before an SGO application is made, consult with LBS and discuss how to proceed.  If a child leaves the CEO's care under an SGO with an outstanding claim, it is the special guardian's responsibility to lodge the claim at an appropriate time.  

    However, the Department may be able to assist.  For more information on possible assistance, see Chapter 3.4 – Leaving the CEO's Care and Transitioning to Adulthood. In consultation with LBS, consider if financial assistance should be provided to the special guardian to proceed with a legal claim on behalf of the child at the appropriate time. Any sum committed to provide legal assistance will come from case support costs and should be documented in the child's Care Plan before the SGO application. It is important to track when these costs are likely to arise to assist with district budgeting. Some, or all, funds committed may be provided on the agreement that they will be reimbursed when an award of compensation is granted. The amount of funding should be informed by the:

    • complexity of the claim

    • likely costs associated with securing private legal services, and

    • possibility that supporting reports will be required from a psychologist or other professional.

    Payments to the special guardian

    Court ordered payments

    When making an SGO or at any time after, the Court may order the CEO to make fortnightly payments to the special guardian in accordance with the regulations (s.65).  An application for these  payments may be made by any party to the SGO proceedings at any time before the SGO expires.  The carer will continue to receive their foster care subsidy throughout the SGO application process. When the SGO is granted with an order regarding payment, the foster care subsidy will be replaced with the SGO payment.

    Court ordered SGO payments to a special guardian should cease in the following circumstances:

    • the child turns 18

    • the child leaves the fulltime care of the special guardian

    • an Adoption Order is made in respect of the child under the Adoption Act 1994

    • the Court revokes the SGO

    • in the event of the child's death

    • in the event of the death of the child's sole special guardian or joint special guardians.

    Special Needs Loading

    If the carer is receiving Special Needs Loading (SNL) for the child, the Department may also continue to provide this financial support under an SGO.  Decisions relating to the ongoing payment of SNL under a proposed SGO are to be reviewed as part of Case Planning and must be considered by the relevant Executive Director (ED) before an SGO application is made. 

    If SNL payments are approved to continue under an SGO, advise the special guardian to contact the SGO Support Team before a review of the SNL is due (unless the SNL will no longer be required).  A review is required to ensure the child still meets the criteria for the SNL, to assess their current needs and to confirm that the child is still in the special guardian’s care.

    If continued payment of a SNL to the proposed special guardian is approved for a time-limited period (for example, 12-months), the special guardian will need to contact the SGO Support Team who will refer to the relevant district office before that period concludes. The SGO Support Team will also review the SNL before the review period ends. An assigned officer from the Team will confirm if the child remains in the special guardian's full-time care and undertake an assessment to determine if the child's current care needs are being met.  Where the special guardian does not contact the Department, SNL payment will cease.

    Financial support may also be required where a children's contact service will be used to manage contact, or where the cost of travel and/or accommodation to facilitate contact will be quite onerous on the proposed special guardian; for example, travel to remote communities or interstate. In this instance, submit an SNL / Additional Financial Support Application (related resources) for approval by the relevant Executive Director before making an application to the Court.

    The SGO Support Team can provide support, advice, and information to districts if they are completing a child protection assessment where an SGO is in place. The SGO Support Team will manage all other reviews and queries, including inquiries related to financial support and completing SNL reviews. 

    The application and approval process for SNL is detailed in Chapter 3.5 – Case management costs – special needs loading.

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    Other possible payments

    Under an SGO, the child is entitled to a Health Care Card and Youth Allowance. Youth Allowance may be paid, regardless of the assets or income of the special guardian, if the young person meets the standard criteria (such as study or training).

    The special guardian may be eligible for an exemption from the Centrelink activity levels and work participation requirements. Where this occurs, the SGO Support Team can provide the special guardian with a letter for Centrelink, specifying that they meet the exemption criteria. See Letter to Centrelink - Exemption From the Activity Test and Work (related resources). If the proposed special guardian requires eligibility information, advise them to visit their local Services Australia Centre, to contact Services Australia on 132 307, or to visit the website at: https://www.servicesaustralia.gov.au/  

    Where relevant, a Centrelink Grandparent Adviser may also assist a special guardian to understand the payments and services they may be eligible for and can be contacted on 1800 245 965. 

    Children who are the subject of an SGO are eligible for the Additional Child Care Subsidy (child wellbeing) under Division 3 of the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017. The SGO Support Team will ensure the special guardian has an updated tax return (this is an eligibility requirement), and will provide a letter to the childcare service requesting the subsidy.  It is the special guardian's responsibility to pay any applicable gap fees.  For further information, refer to Chapter – 3.4 Child care attendance.   

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    Arrangements after an SGO is granted

    If an SGO is made, the Court will send a copy of the order to each person who is a party to the proceedings. The Court will usually send the Department's copy to LBS, but it may be sent to you directly via the district. If you receive the order directly, forward a copy to LBS for their records and to the Subsidies Processing Unit if it includes details of payments to be processed. LBS will forward you the original order, and details of any court ordered payment required. 

    When LBS receives the order, they will email it to you and to the Subsidies Processing Unit with:

    • the child's name and date of birth

    • the SGO recipient's name, and

    • confirmation that the SGO has been granted – whether with or without a payment order.

    Once the SGO is finalised and all outstanding case planning tasks have been completed, transfer the case on Assist to the SGO SUpport Team -Team Leader. For information on how to do this, see the Assist User Guides – Manage Family Group Allocations.

    If the Department made the application for an SGO, it is the responsibility of the Department to advise the special guardian that the order has been granted, and to advise of any court ordered payments. 


    Upon receipt of the SGO and any court order for special guardian payment, update the order details in Assist, including:

    • the new type of order and number. For cases in the metropolitan area, this may have already been recorded by LBS

    • ending the child's period in the CEO's care, and

    • that the case has been transferred to the SGO Support Team.

    Once these details have been recorded, the Subsidies Processing Unit will process the payments. The Subsidies Unit will advise you via email that the payment to the special guardian has commenced and the foster care subsidy payment has ceased.

    For further information on recording, refer to the Assist User Guide - Protection Order (Special Guardianship Order) (related resources)

    Prior approval for SNL or additional financial support payments should be reflected in the child's case plan and emailed to the Subsidies Processing Unit immediately after transferring the case.  For information on relevant processes or where there are changes needed to the SNL payments, seek guidance from the SGO Support Team. 

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    Ongoing support for the child

    ​To support a child or young person on an SGO, include functions in the CREATE Sortli mobile phone app so they can readily access support/resource information in a confidential manner.

    The Department may support a child under an SGO or their special guardians to access any social services considered appropriate to their needs (s.66).  The child or special guardian can seek assistance and advice from the Department throughout the life of the SGO by contacting the lSGO Support Team. The Team can also determine whether any additional social services or SNL is required (see below for more information about SNL). If the special guardian is also a carer for a child in the CEO's care, they can contact the district responsible for the case management of that child, who will liaise with the SGO Support Team. 

    If the child has any queries or concerns, they can contact the SGO Support Team directly for support, guidance, advice, and information. 

    You must give the special guardian copies of all essential documents, such as health reports and the child's genogram.


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    Changes to the child’s living arrangements or care needs

    It is a condition of all SGOs that the special guardian must not, except with the permission of the Court, make an application to change the child’s name under the Births, Deaths and Marriages Registration Act 1998 (s.63).


    Inform the special guardian that they must notify us if the child ceases to be in their full-time care. This is outlined in the acknowledgement letter, fortnightly letter, and recipient statement that are sent to all special guardians who receive an SGO payment.  

    The Department may need to undertake further assessment of the child's circumstances where the child is not in the full-time care of the special guardian. In some instances, the child's living arrangements may be appropriate and/or short-term, and further action may not be necessary. Where safety concerns for the child exist, the Department may need to take statutory action and seek a revocation of the SGO and payment order.

    An application to revoke an SGO payment order should not be made without an assessment of the child's circumstances, their means of support, and how the withdrawal of this payment will affect the child. 

    If child protection concerns are identified, the Department, via the Central Intake Team (CIT), may need to re-open the case.  If this occurs, the district office must provide support and work with the child and special guardian, through any challenges they may be experiencing. Each contact should be reflected in an interaction on Assist, even where the case is not re-opened. The SGO Support Team is available to the district to provide support, guidance, advice, and information. 

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    Revoking or making variations to the order

    ​Any party to the initial proceedings (as identified by s.42 and s.147 of the Act) can apply to the Court for a variation, addition or substitution of the conditions included in the SGO if there are new facts or circumstances, or where each party to the initial proceedings consents to the application (s.64). 

    A child with sufficient maturity and understanding will be required to provide consent for a variation of contact conditions. Consent is not required where the child is too young or the consent may be provided through legal representation.

    Any party to the initial proceedings may apply to the Court for the revocation of an SGO. Only the CEO may apply to the Court for the revocation of an SGO and subsequent replacement with a different protection order. If an application for the revocation of an SGO is made, a separate application must be made for the revocation of an order for payment.

    When a child's family applies to revoke an SGO, the Department may conduct a review of the child's circumstances and provide a report to the Court. If it is determined that it is in the child's best interests to remain under an SGO, assist the child and/or special guardian to seek legal support.

    Following the application, the Court will decide to keep, revoke, or replace the original order.

    The SGO Support Team is available to provide support, guidance, advice, and information to the district, special guardians, and the child on an SGO or their biological family during a review or as required. 

    For further information, refer to Long-term out-of-home care orders for children in the CEO's care (related resources) and Chapter 3.3 – Protection orders (time-limited and until 18).

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    Death of joint or sole special guardians

    ​In the event that a child's sole or joint special guardian(s) die, you must provide written notice to the Court as soon as practicable after being advised of their deaths.  On the day of notification, the child's SGO will be revoked and replaced with a protection order (time-limited), which is to remain in force for two years or until the child turns 18.  After notifying the Court, you must provide written notice to the child, each party to the initial proceedings, and each other person who has a direct and significant interest in the child's wellbeing (s.69B).  

    The death of a special guardian will likely be an emotional and traumatic time for the child and it is important to identify an appropriate care arrangement that offers security, stability, and connection as soon as possible.  As such, when the special guardianship order is revoked and replaced it is important to explore all significant relationships in the child's life as possible care arrangements. Options could include (but are not limited to) relatives of the special guardians, family members of the young person, or other significant people in their lives. It is particularly important to identify significant others in the child's life as they will later be able to apply for a revocation of the time-limited order under s.69A.

    All significant relationships should be explored, and where appropriate this should be joint work between the new case manager and the SGO Support Team. This is particularly important where the SGO Support Team has had ongoing contact with the child and/or special guardian(s) prior to the special guardian's death, as they may have more information around who is significant in the child's life. The child's views on their preferred living arrangement should form a central part of this work, with all decision making taken in partnership with the child in accordance with s.10 of the Act – the principle of child participation.  

    When the SGO is revoked and replaced with a protection order (time-limited), the care planning requirements under s.89 apply, and the identification , planning and decision-making for the assessment and approval of a placement arrangement applies. When considering care arranegements following the death of a special guardian this entry should therefore be read in conjunction with 3.1.4 Family and Significant other care, 3.3.6 Protection orders (time-limited and until 18) and 3.4.7 Aborigiinal and Torres Strait Islander CHild Placement Principle and Guidelines for the placement of chidlren from culturally and linguistically diverse backgrounds. 

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    Leaving care services for children under an SGO

    ​The proposed special guardians and child's parents and, where appropriate, the child, should understand the implications of seeking an SGO in terms of access to leaving care services, including where a child leaves the CEO's care under an SGO before turning 15 years.  For further information, see Chapter 3.4 – Leaving the CEO's Care.

    Under s.99, assistance to obtain education and training, employment, legal advice, and access to accommodation, health and counselling services must be provided to children who "qualify for assistance" under s.96. This includes children 15 years and over who are the subject of an SGO, provided the SGO was replacing a protection order (time-limited) or protection order (until) for the child. 

    However, children who are the subject of an SGO before turning 15 years may still receive leaving care assistance from the Department.  For further information about providing leaving care supports, refer to Chapter 3.4 – Leaving the CEO's care

    The SGO Support Team is available to provide support, guidance, advice and information directly to young people to discuss leaving care support. 

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