Care and Protection of Children

Emergency Care and Protection Order (ECPO)

Emergency care and protection orders places the child or young person in the care responsibility of the Director-General, or another person named in the order. It can be in effect for up to 14 days and can only be extended once, for a maximum of 14 days. The courts may dismiss an application if it finds the child is not at risk of serious harm. If your child is subject to this order, or if you think an EXPO is about to be made, you should speak to a lawyer immediately.

Assessment Order

Applications can be filed with the Children’s Court to assess

• a child or young person’s physical, psychological, psychiatric or other medical needs, or
• a person’s capacity for parental responsibility.

JWP Lawyers can help you make an application like this, or manage your situation if you are the subject of an Assessment Order, and require legal advice.

Parent Responsibility Contract

Parent Responsibility Contracts are voluntary agreements between DCJ and the primary carer/s of a child. It is not a court order but sets goals for the carers to improve their skills. If an agreed target in the contract is breached, a breach notice may be filed in the Children’s Court where it will be presumed by the court that the child needs other care and/or protection. The carer must challenge this to maintain care of the child. JWP Lawyers are very experienced in this area of law.

Removal of a Child

Removal of a child or young person from their parents or carers is only considered where there are reasonable grounds to believe that

• the child is at risk of serious harm, and
• the risk is immediate,
• and less intrusive actions are insufficient to reduce the risk of serious harm.

A child or young person may be removed with or without a search warrant.

Assuming Care Responsibility

When the care responsibility has been assumed for a child or young person, it means that the responsibility for the child’s welfare has been assigned by the court to a person who may not be the child’s parent or guardian. The matter proceeds to the Children’s Court within 3 working days. For legal advice and support on Assuming Care Responsibility matters, please contact JWP Lawyers immediately.

Other Orders

There are a wide range of care applications that may be made to a Children’s Court regarding the care and protection of children and young people, such as

• Order for contact (can be made by any person who is significant to a child or young person, if they wish to have contact with the child and informal arrangements have prevented this),
• Order prohibiting act by a person (e.g. taking a child or young person out of the country),
• Order for supervision,
• Order to attend therapeutic or treatment program,
• Order allocating parental responsibility,
• and others.