The purpose of an affidavit is to provide sworn or affirmed, factual information to assist a magistrate in making a decision in relation to a child protection order.
Complete:
- an Form 25—Affidavit for an Aboriginal or Torres Strait Islander family
or - an Form 25—Affidavit for Non-indigenous children.
Refer to the practice guides Evidencing compliance with the 5 elements of the Aboriginal and Torres Strait Islander Child Placement Principle and Torres Strait Islander traditional child rearing practice for guidance when completing an affidavit for an Aboriginal or Torres Strait Islander family.
Note
The DCPL completes the application (Form 10) for a child protection order.
The following documents, if relevant and available, must be attached as an exhibit to the initial affidavit using the Form 26—Certificate of Exhibit template:
- record of recent family group meeting
- the child's most recent case plan
- the most recent review of the child's case plan (review report)
- the most recently completed SDM tools
- any independent assessments or reports about the child and or parents commissioned during the period of the order
- any previous social asessment report
- any referral made to support services for the child and the child's parents
- any child protection, criminal and domestic vioilence reports generated during the period of the order, if applicable
- a copy of the child's birth certificate
- a copy of the current or previous child protection order, including emergency orders or care agreements
- any family mapping and/or genograms
- contact visit records generated during the period of the order
- any other relevant documents.
Tip
For an initial affidavit make sure a copy of the handout Child Safety terms is attached as an exhibit.
After the CSO has prepared the draft initial affidavit:
- The senior team leader will review and approve the information in the draft initial affidavit.
- The OCFOS lawyer will review the initial draft affidavit and provide feedback to the CSO
- The OCFOS lawyer will upload the affidavit and Form A referral to CourtShare once the draft initial affidavit is finalised.
The DCPL will review and provide feedback on the initial affidavit to the CSO and senior team leader before it is finalised and filed in the Childrens Court.
Practice prompt
If a referral to the DCPL is completed before a family group meeting has been held, attach the current case plan to the initial affidavit. A family group meeting may be initiated by Child Safety (Child Protection Act 1999, section 51H(1)) or directed by the Childrens Court (Child Protection Act 1999, section 68(1)(d)(i)). Make sure during a child protection proceeding a revised case plan is prepared for the Childrens Court that responds to the child’s assessed needs. (Refer to Procedure 5 Provide the case plan to the Childrens Court.)
Consider attaching to the initial affidavit any practice framework tools completed with the child and family, for example, the Three houses, Future house and Circles of safety and support.
Identify sensitive information
Back to topThe Child Protection Act 1999, section 191, allows Child Safety and the DCPL to not disclose a document or information in an affidavit that may or will endanger a person’s safety or psychological health. The sort of sensitive information that may not disclosed could include:
- a carer’s address, if it has been withheld from a parent
- a parent’s address, if it is not known to the other parent
- the identity of a notifier
- names of children who are not in care
- personal information of people not involved in the court proceeding
- personal information about a child and parent in cases of domestic and family violence, including disclosures of non-offending parent about the violence or coercive control they have experienced from the other parent
- contact details of a current or previous domestic violence shelter
- pending criminal charges.
Work with the senior team leader and OCFOS lawyer to complete the Sensitive information checklist to advise the DCPL about sensitive documents or information that is included in the initial affidavit. The OCFOS lawyer will make sure the sensitive information checklist is provided to the DCPL with the Form A referral and initial affidavit.
Note
The DCPL makes the final decision on whether the information and document can be withheld in the affidavit material.
It is the responsibility of the OCFOS lawyer to redact (remove or conceal) sensitive information in the initial affidavit before it is finalised and filed in the Childrens Court.
Further reading
Serve the application and affidavit
Back to topThe DCPL will finalise the affidavit before the CSO either swears or affirms the affidavit and provides a signed copy of the affidavit to the DCPL via CourtShare. The DCPL will make sure the initial affidavit is always filed with a Form 10—Application for a child protection order and Form D—Disclosure Form.
The application form for a child protection order is an unsworn document and is not considered evidence. Only information contained in the affidavit is considered evidence by the Childrens Court.
OCFOS will open a child protection order event in ICMS and complete all mandatory fields in a Form 10—Application for a child protection order.
The DCPL will request that the CSO serve a copy of the sealed application and initial affidavit on the parents for a child protection order. This is due to the personal service requirement.
Time sensitive
Personal service of the application and affidavit must occur 3 days before the first mention of the application in the Childrens Court.
Complete a Form 22—Affidavit of servicefor each parent as proof of service. The completed form is uploaded to CourtShare for the DCPL to file in the child protection proceeding.
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Resource
Child Safety terms
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Resource
Domestic and family violence – protecting identifying information in court processes
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Resource
Evidencing compliance with the 5 elements of the Aboriginal and Torres Strait Islander CPP
Practice Guide - Evidencing compliance with the 5 elements of the Aboriginal and Torres Strait Islander Child Placement Principle
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Template
Form 22—Affidavit of service
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Template
Form 25—Affidavit-template-Aboriginal and Torres Strait Islander families
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Template
Form 25—Affidavit-Template-Non-Indigenous-children
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Template
Form 26—Certificate of exhibit
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Resource
Sensitive information
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Resource
Torres Strait Islander traditional child rearing practice
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Refer to the Director of Child Protection Litigation to apply, extend, vary or revoke a child protection order
NextParticipate in child protection proceedings
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