Last updated 12 July 2022

At the end of an investigation, the Department of Children, Youth Justice and Multicultural Affairs (Child Safety) must decide whether the child requires ongoing protection under the Child Protection Act 1999 (Qld) (Child Protection Act). Any help that Child Safety provides to the family to meet the child’s protective needs, including any ongoing help, is called intervention.

If Child Safety at the end of the investigation is satisfied that a child is in need of protection and needs ongoing help under the Child Protection Act, Child Safety is then obligated to intervene through either:

  • an agreement with the child’s parents
  • an application for a temporary custody order to ensure the protection of the child while deciding the most appropriate action to meet the child’s ongoing protection and care needs
  • referring the matter to the Director of Child Protection Litigation, if a decision has been made that a child protection order is necessary.

Child Safety must also develop a case plan for a child that is in need of protection and needs ongoing help under the Child Protection Act.

Intervention with parental agreement

Child Safety must give proper consideration to intervening with the parents’ agreement if:

  • the child’s views and wishes, if able to be ascertained, have been considered
  • the child’s parents are able and willing to work with Child Safety to meet the child’s protection and care needs
  • it is likely that, by the end of the proposed intervention, the child’s parents will be able to meet the child’s protection and care needs.

Child Safety does not need to consider the above if they reasonably believe it is likely that, if the child’s parents withdraw their agreement to the intervention, the child will be at immediate risk of harm (s 51ZB(2) Child Protection Act).

If the parents agree to the intervention, then Child Safety must encourage and facilitate the parent and child’s participation in decisions about the most appropriate intervention for the child and how the intervention is to be carried out (s 51ZC Child Protection Act).

An intervention with parental agreement will include Child Safety undertaking work with the family, as well as referring them to appropriate services to address the identified child protection needs in a timely way.

Child protection care agreement

A child protection care agreement (s 51Z(b) Child Protection Act) is available when Child Safety is satisfied that the child is a child in need of protection and needs ongoing help under the Child Protection Act, and there is no child protection order in force granting custody or guardianship of the child to anyone.

A child protection care agreement is an agreement between the parents and Child Safety for the short-term out-of-home care of the child (s 51ZD Child Protection Act). Child Safety may enter into an agreement with only one of the child’s parents, if it is impractical to obtain the consent of the other parent.

Child Safety must obtain and have regard to the child’s views before entering into the care agreement, unless the child is unable to form and express views, taking into account the child’s age and ability to understand (s 51ZE Child Protection Act).

A care agreement should be in the approved form (in writing) and signed by the parties and must state:

  • the name of the person in whose care the child is to be placed
  • the period of the agreement
  • where the child will be living
  • contact arrangements between the child and parents while the agreement is in place
  • the types of decisions relating to the child for which the parents must be consulted (s 51ZF Child Protection Act).

The initial period of operation of the agreement must not be for more than 30 days. However, the agreement can be extended (more than once) with the parents’ agreement for further periods. It must not be extended if the total of the periods would be more than six months during any twelve-month period (s 51ZH Child Protection Act).

Child protection care agreements are intended to be short-term arrangements to allow the parents time to address the child protection concerns. The effect of a child protection care agreement is that while the agreement is in force, Child Safety has custody of the child (s 51ZG Child Protection Act). The parents or long-term guardians will retain guardianship.

The parents or Child Safety may end an assessment care agreement on at least two days notice (s 51ZI Child Protection Act). If a parent ends the agreement and Child Safety is satisfied the child is a child in need of protection and a child protection order is appropriate and desirable for the child’s protection, the matter will be referred to the Director of Child Protection Litigation.

The care agreement will end automatically if a child protection order is made granting custody or guardianship of the child to Child Safety or to someone else (s 51ZI).

Intervention without parental agreement

Temporary custody order

A temporary custody order (TCO) is similar to a Temporary Assessment Order (TAO). The purpose of a TCO is to authorise the following action necessary to ensure the immediate safety of a child:

  • if Child Safety has referred the matter to the Director of Child Protection Litigation, while Child Safety works with the director under s 53A of the Child Protection Act
  • while Child Safety decides the most appropriate action to meet the child’s ongoing protection and care needs, which could include applying for a child protection order (s 51AB Child Protection Act).

An application for a TCO is made directly to a magistrate (s 51AC Child Protection Act) and may be decided without notifying the parents or hearing them on the application (s 51AD Child Protection Act).

The application must be sworn and state the:

  • grounds upon which it is made
  • nature of the order sought
  • proposed arrangements for the child ‘s care (s 51AC Child Protection Act).

A magistrate may make a TCO if satisfied that:

  • the child will be at an unacceptable risk of suffering harm if the order is not made
  • during the period of the order, Child Safety or the Director of Child Protection Litigation will be able to decide the most appropriate action to meet the child’s ongoing protection and care needs and start taking that action (s 51AE Child Protection Act).

A TCO may last for a maximum of three business days (s 51AG Child Protection Act), but can be extended to the end of the next business day. A TCO can only be extended if the magistrate is satisfied that the Director of Child Protection Litigation intends to apply for a child protection order within the extended time. A TCO cannot be extended more than once (s 51AH Child Protection Act).

A TCO can provide for any one or more of the following:

  • authorisation of a Child Safety or police officer to have contact with the child
  • Child Safety to have temporary custody of the child
  • authorisation of medical examinations or treatment of the child
  • direction for a parent of the child not to have contact with the child or to only have supervised contact with the child
  • authorisation of a Child Safety or police officer to enter and search any place the officer reasonably believes the child is to find the child, if the magistrate is satisfied that entry to a place to locate the child has been, or is likely to be, refused and entry is necessary for enforcement of the order (s 51AF Child Protection Act).

Once a TCO is made, if the child does not have long-term guardians, Child Safety must immediately:

  • provide a copy of the order to at least one of the child’s parents
  • explain the terms and effect of the order
  • give information about their right of appeal and that, because of the duration of the order, if a parent wishes to appeal against the order, an appeal should be started immediately, and how to appeal
  • tell the child about the order (s 51AK Child Protection Act).

If a child has long-term guardians, Child Safety must make a reasonable attempt to take the above actions in relation to the child’s parents and must immediately:

  • provide a copy of the order to at least one of the child’s long-term guardians
  • explain the terms and effect of the order
  • give them information about their right of appeal and that, because of the duration of the order, if a parent wishes to appeal against the order, an appeal should be started immediately, and how to appeal
  • tell the child about the order (s 51AK Child Protection Act).