Information and Instructions

• Child enters the CEO’s care under a protection order
• Care arrangements
• Payment to the carer
• Development of care plans and case planning

Child enters the CEO’s care under a protection order

In the proposal to Court, the written report must outline proposed arrangements for safeguarding and promoting the wellbeing of the child. For a protection order (time-limited), the proposal must outline proposed arrangements to work towards reunification (or where this is not in the child's best interests, explain why this is not practicable. For more information, see Chapter 3.3 – Written proposal to Court (s.143).

A protection order (time-limited) remains in place for a period of up to two years unless the order is extended or revoked.


The period specified in the order must be made in the best interests of the child and must not exceed two years and must end before the child reaches 18 years of age (s.55 of the Act).




Subject to their age and level of understanding, you must provide the child with: an opportunity to share their views and wishes, and information about decisions to be made that are likely to have a significant impact on their life so they may participate in decision making according to their age and ability.




When a child enters the CEO's care under a protection order, record information in the Child Information Portal in Assist. Information on the Quarterly Care Report must be reviewed and updated as necessary, or at least every three months. For more information, refer to Chapter 3.4 – Quarterly Care Reports.

Refer to Chapter 3.3 - Intervention action for detailed procedures about  applying for a protection order (time-limited) and (until 18).

Once a child on a protection order (time-limited) or (until 18) reaches 15 years of age, the next review of the child's Care Plan must incorporate a leaving care plan. Refer to Chapter 3.4 Leaving the CEO's care and transitioning to adulthood for more information.


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Care arrangements

A child entering the CEO's care via a protection order may need to be cared for in a number of ways through the following arrangements:

• foster care arrangement 
• family or significant other care
• residential care (the Department's or community service organisation), or an
• intensive specialised care.

If a child is from a CaLD background, where possible, obtain information about the child’s language and cultural needs from the child’s family and community.  For more information refer to the Principal Policy and Planning Officer, Cultural Diversity in SCPU and see Chapter 3.4 Cultural Support Planning.




Where the child is Aboriginal or Torres Strait Islander or has a CaLD background, you must apply the Aboriginal child placement principle or CaLD placement guidelines respectively when making a placement arrangement for the child. For further information see Chapter 3.4 – Aboriginal and Torres Strait Islander Child Placement Principle and Guidelines for the Placement of Children from Culturally and Linguistically Diverse Backgrounds .

For further information on planning a care arrangement, refer to the relevant entry in Chapter 3.4 - Care Planning. 


All decisions about making a care arrangement must be made in the child’s best interests, with opportunities for the child to share their wishes and views according to their age and ability.

Senior Child Protection Workers Placement Services (SCPWPS) should be involved in the process of identifying and securing an appropriate care arrangement. If placement with a family carer or significant other person is considered the best option for the child, this person must be assessed. In emergencies, a child in the CEO's care can be placed in an interim care arrangement. See Chapter 3.1 – Interim Placement Arrangements.


Where possible, encourage the child's parents, family or significant persons to transport the child to the care arrangement. When the care arrangement begins, the carer should be given the Care Arrangement Referral (CAR) detailing the day to day needs of the child.


Before making a care arrangement for an Aboriginal or Torres Strait child, you must consult with each of the following: Aboriginal or Torres Strait Islander members of the child's family An Aboriginal Practice Leader or other officer who, in the opinion of the CEO has relevant knowledge of the child, their family or their community, and where the family wishes, any other relevant Aboriginal stakeholder engaged with the family, such as an Elder or Aboriginal Community Controlled Organisation (ACCO).




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Payment to the carer

When a child enters a care arrangement, payment of the subsidy can only be generated by the system after you have completed recording in Assist (agencies do not generally receive subsidies but are funded through service agreements).  Refer to Chapter 3.5 -  Case management costs - basic subsidy provisions.


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Development of care plans and case planning




Care plans and ongoing case planning must occur for all children in the CEO's care under a protection order (time limited) or (until 18).  The focus of the case plan varies depending on whether the child is under a protection order (time-limited) or a protection order (until 18).  Refer to Chapter 3.4 Provisional Care Planning, Care planning and Viewpoint. 

An application for an extension of a protection order (time-limited) can be made to the Court at any time prior to the expiry of the order, but only once a review of the child's Care Plan and current circumstances has taken place (s.56(2)).  Decisions to make an application for an extension or revocation of a protection order (time-limited) must be documented in the chld's current case plan and the recommendation included in a written report to the Court. Final approval for an extension or revocation of a protection order (time limited) sits with the District Director. 


If revocation of a protection order (until 18) is being sought, final approval sits with the Regional Executive Director. Before deciding to revoke an order, you must conduct a review of the child's circumstances and complete an assessment based on that child's needs. Forward details of your assessment and rationale via Form 249 - Revocation of Long-term Orders (in related resources) to the District Director for endorsement. The District Director will forward the signed form to the relvevant Regional Executive Director for final approval.


If an Approval is provided, the assessment and accompanying proposal to revoke the order must be included in the written report to the Court, along with an application to revoke a protection order (until 18).


Timeframe for an application to extend a protection order (time limited):

• Planning should commence three months before the expiry of the order. 

• The approval process should start at two months before the expiry of the order.

• One month before expiry of the order, send the completed application and all supporting documentation to Legal and Business Services through the SharePoint Request Form page.  
  

If a case plan decision is made that an extension of a protection order (time-limited) is required commence planning for the application:

Three months before the expiry date:

• Advise all relevant parties of the decision to apply for an extension, including those who did not attend the case planning meeting.

• Hold a Care Plan review to discuss the child's needs and circumstances pending the Court's decision.

• Complete Form 250 - Permission to seek extension of a protection order (time-limited).

• Complete and attach the relevant Stability and Connection Form (Stage 1 to Stage 4) to document case planning discussions and reason for the decisions. Access the forms and guidance from Chapter 3.4 Stability and Connection Planning. 

You must include the rationale for seeking permission to extend the order in Form 250 and include information in the child's current Care Plan.  Access the relevant forms and guidance from Chapter 3.4 Stability and Connection Planning.

 Two months before expiry of the order:

Email the documentation for approval.  Form 250 – Permission to seek extension of a protection order (time limited) should be:

• Signed and endorsed by the District Director. 
• Sent to the relevant Regional Exective Director by the District Director for final approval. 

One month before expiry of the order: 


Complete and forward the Written Proposals to Court (s.143) (In related resources) with all supporting documentation to Legal and Business Services through the SharePoint Request Form page.  

The Court may extend the order for a period not exceeding two years or revoke the order and make another protection order in respect of the child. A protection order (time-limited) can be extended more than once.  


Children in the CEO's care under a protection order should be visited at a minimum every three months.  Record details of the visits and any new information about the child's needs across the nine dimensions of care in the Child Information Portal in Assist.




Once the Team Leader or District Director approves the Quarterly Care Report, it will be generated and published in the case file. Refer to Chapter 3.4 Quarterly care review and Quarterly care reports for further detail.


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