Participate in child protection proceedings

Attend court

As the applicant, the DCPL will attend all mentions for a child protection order at the Childrens Court. The CSO and senior team leader may attend court to:

• provide an update to the court about a child’s and family’s circumstances
• provide support to the child and parents
• consult with the DCPL and other parties in the proceeding about case work and decision making for a child and family.

In line with the Child Protection Act 1999, section 67, the Childrens Court may adjourn a child protection proceeding and make 1 or more of the following orders:

• an interim order granting temporary custody of the child to the chief executive or a suitable person who is a member of the child’s family
• an order requesting that a social assessment report about the child and the child’s family be prepared and filed in court
• make directions about a parent’s contact with the child
• that a family group meeting be convened to develop the case plan and the case plan be filed in court (Child Protection Act 1999, section 68(1) (d)(i)).

Prepare updating affidavits

The DCPL may request that an updating affidavit be filed in court to provide: 

• new information about a child’s and family’s circumstances
• a new case plan
• assessments and referrals to a support service completed for a child and family
• an updated assessment that includes a recommendation to revoke, vary or amend the current child protection application  
• updated information or material before a child protection hearing 
• advice that a party in the proceeding has made an appeal.

Complete an updated affidavit using the template Updating affadavit.

Serve the updating affidavit

The DCPL will finalise the updating affidavit before the CSO either swears or affirms the affidavit and provides a copy to the DCPL via CourtShare. The DCPL will file the affidavit in the Childrens Court.

If the parents are legally represented, the DCPL will serve a sealed affidavit on the parents, via their legal representative.

If parents are not legally represented, the DCPL will ask the CSO to serve the updating affidavit on the parents. Service must occur at least 3 business days before the court mention in the Childrens Court.

Complete a Form 25—Affidavit of service – updating affidavits for each parent as proof of service. Provide the completed form to the DCPL via CourtShare.

Serve an amended application and supporting affidavit

If the DCPL decides to amend an application for a child protection order currently before the court, the DCPL will:

• ensure that an amended application is filed with the court
• advise the CSO if an affidavit supporting the amended application is required
• request the CSO service a copy of the amended application and supporting affidavit, if prepared, on the parents by personally giving the documents to them and telling them what the documents are.

Complete a Form 25—Affidavit of service – amended application and supporting affidavit for each parent as proof of personal service. The completed form is uploaded to CourtShare for the DCPL to file in the child protection proceeding. 

Provide an update to the DCPL

In line with the Child Protection Act 1999, sections 67 and 68, the Childrens Court may make directions on an interim child protection order. The CSO and senior team leader may seek a consult with the DCPL if a direction is required to:

• authorise a medical examination or treatment of a child
• direct a parent not to have direct or indirect contact with a child
• enter and search any place the CSO or the QPS believes the child is.

Receive a court outcome

After every court mention, the DCPL will upload a Court outcome notification form, a copy of a sealed child protection order or directions made by the Childrens Court to CourtShare. It is the responsibility of OCFOS to attach the received documents to the child protection order event in ICMS and complete all mandatory fields in a Form 16 - Court Outcome Form—adjournment order.

Request an appeal

The DCPL is responsible for initiating the appeal of a decision made by the Childrens Court and for responding to an appeal initiated by another party. An appeal may be initiated in response to the Childrens Court decisions relating to:

• deciding for an application for a child protection order
  or
• deciding against a decision made on the application for a child protection order, including interim child protection order.

The factors considered by the Childrens Court for an appeal include:

• the impact of the court’s decision on the safety, wellbeing and best interests of the child
• the proposed grounds for the appeal.

If the senior team leader considers an appeal should be made by the DCPL to the Childrens Court, a Form H – Child Safety appeal request form is completed and a case consultation will occur with the DCPL no later than 5 days after the Childrens Court decision. It is the responsibility of the DCPL, as the applicant in the child protection proceeding, to decide if an appeal will be initiated in the Childrens Court.

Engage with the separate representative

The Childrens Court will appoint a separate representative for a child if it is necessary and in their best interests. A separate representative may request that a social assessment report be completed to assist the court in deciding if a child protection order is in the best interests of the child. 

The separate representative will engage a social assessor to complete the social assessment report. After this:

• The separate representative will contact the CSO or the senior team leader to advise them that a social assessor has been appointed.  
• The CSO will inform the child, parents and other significant people (as necessary) about the assessment interviews.
• The CSO will provide letters from the social assessor to the parents and carers advising them of the time and date of the assessment interview.
• Child Safety will provide consent for the social assessor to review the child’s case file.
• The social assessor will also interview the CSO and other relevant staff. 

If a child is not represented by a separate representative or OPG child advocate legal officer in a child protection proceeding, talk with the child about accessing a direct representative through Legal Aid Queensland. Consider the child’s age, development and maturity to be able to provide their legal representative with directions in a child protection proceeding.

Attend a court ordered conference

If one or both parents are contesting the application for a child protection order, a court ordered conference will be scheduled. The Childrens Court will inform the parents and other parties to the proceeding of the date and time of the conference.

Before the court ordered conference:

• If the child is an Aboriginal or Torres Strait Islander child, ask the child and their family if they want an independent person to help facilitate their participation in discussion about a significant decision at the conference. If the child or family consents, collaborate with them to arrange an independent person’s involvement.
• Talk with the child about the conference and seek their views about attending, provide any information and support the child may need to enable their participation, having regard to the child’s age and ability to understand. 
• Inform the DCPL if the child, independent person and other significant people are attending the conference.

The CSO, senior team leader and the DCPL will participate in a case consult 1 week before the scheduled court ordered conference.

The CSO and senior team leader attend the court ordered conference to provide information about case work and make any decisions as per their statutory obligations. 

Engage with the Office of the Public Guardian

If the OPG files a notice of intention to appear or the magistrate requests the OPG’s involvement, the DCPL will seek a direction that OPG be served with filed documents.

The relevant CSSC will respond to general requests for information received from the OPG child advocates. This may include a request for historical court documents.

Attend an interim and final hearing

As the applicant, the DCPL is responsible for organising witnesses, issuing subpoenas and conducting all aspects of the case at an interim and final hearing. The DCPL can request the following witnesses attend a hearing:

• the CSO who completed the investigation and assessment with an outcome recommending a child protection order
• the CSO with current case responsibility
• the senior team leader
• previous CSOs with case responsibility.

Seek a transition order

A transition order continues the existing child protection order for a period of up to 28 days to allow for the gradual transition of a child into the care of their parents in a way that:

• supports the child
• may reduce any disruption or distress experienced by the child
• is in the best of interests of the child.

A transition order may be considered for a child subject to a short-term order when the Childrens Court:

• refuses to extend or make a further order
• revokes the order
• decides, in an appeal against the making of the order, in favour of a person other than the chief executive (Child Protection Act 1999, section 65A(1)(a)(i)–(iii)).

A transition order may also be considered for a child subject to a long-term order when the court:

• revokes the order
• decides, in an appeal against the making of the order, in favour of a person other than the chief executive (Child Protection Act 1999, section 65A(1)(b)(i)–(ii)).

The Childrens Court must:

• be satisfied that the order is necessary to enable the gradual transition of the child to the parents’ care in a way that supports the child, reduces their disruption or distress or is otherwise in their best interest (Child Protection Act 1999, section 65B(1))
• consider the child’s views and wishes
• consider a parent’s readiness to care for the child and any other relevant matters (Child Protection Act 1999, section 65B(2))
• for an Aboriginal or Torres Strait Islander child, have regard to Aboriginal tradition or Island custom in relation to the child and the five elements of the child placement principle (Child Protection Act 1999, section 5G).

If the Childrens Court adjourns an application for a transition order, the pre-existing child protection order continues in force until the application is decided (Child Protection Act 1999, section 65A(4)).

Develop a transition plan

If the Childrens Court makes a transition order, a transition plan for the child must be prepared. The transition plan outlines how Child Safety will support and gradually transition the child into the parents’ care to minimise distress and disruption to the child. 

To develop a transition plan:

• Decide if a meeting is needed—this will depend on the length of the transition order and the complexity of the plan needed.
• Obtain and consider the views of
  • the child, taking into account their age and developmental level
  • the child’s parents and their safety and support network
  • other relevant people, for example, the child’s counsellor.
• Finalise the Transition plan.
• Submit the transition plan to the senior team leader for approval.

Final order

Once a child protection order is made by the Childrens Court, in line with the Child Protection Act 1999, section 63, the DCPL will provide the parents with a copy of the order and a written notice explaining the terms of the order and their right to appeal the decision.