What is a Child Protection Order in Victoria?
A child protection order in Victoria is a legal directive issued by the Children’s Court to safeguard the welfare and safety of a child or young person who is at risk of significant harm. These orders are a cornerstone of the Victorian child protection system, providing statutory intervention when a child’s family is unable or unwilling to provide adequate care and protection. Governed by the Children, Youth and Families Act 2005, child protection orders are designed to ensure that every child in Victoria has the opportunity to grow up in a safe, stable, and nurturing environment.
When Are Child Protection Orders Made?
Child protection orders are made when the Children’s Court determines that a child is in need of protection. This typically occurs if the child has been subjected to abuse, neglect, or is otherwise at risk of significant harm, and the parents or guardians are unable or unwilling to protect them. The Department of Families, Fairness and Housing (DFFH) investigates concerns about a child’s safety and, if necessary, applies to the Children’s Court for an order to intervene.
The court’s primary consideration is the best interests of the child, including their need for safety, stability, and healthy development. The court will only make a protection order if it is satisfied that statutory intervention is necessary to protect the child from harm.
Types of Child Protection Orders in Victoria
There are several types of child protection orders available in Victoria, each designed to address different levels of risk and family circumstances. The main types include:
1. Undertaking
An undertaking is a formal promise made to the court by a parent, carer, or child to do (or not do) certain things for a specified period. For example, a parent might promise to attend counselling or not to have contact with certain individuals. If the undertaking is followed, the DFFH may have no further involvement unless the promise is breached.
2. Family Preservation Order
This order allows the child to remain in the care of one or both parents, while the DFFH supervises the family for a set period. The department may impose conditions, such as requiring parents to attend support services or comply with specific rules, to ensure the child’s ongoing safety and wellbeing. The goal is to support the family to address issues while keeping the child safe at home.
3. Family Reunification Order
If a child cannot safely stay with their parents, a family reunification order gives the DFFH parental responsibility for the child, while parents retain some rights regarding major long-term decisions. The child is placed in out-of-home care (such as with relatives or foster carers), and the order aims to reunite the family once it is safe to do so, usually within 12 to 24 months.
4. Care by Secretary Order
This order gives the DFFH exclusive parental responsibility for the child for up to two years. The department makes all decisions about the child’s care, including where they live and who they have contact with. This order is used when reunification is not immediately possible or safe.
5. Long-Term Care Order
A long-term care order grants sole parental responsibility to the DFFH until the child turns 18 or marries. The child is placed with a long-term carer, providing stability and continuity when returning home is not an option.
6. Permanent Care Order
A permanent care order transfers parental responsibility to a person other than the child’s parent or the DFFH—usually a relative or foster carer. This order is similar to adoption but does not sever the legal relationship with the birth family. It remains in force until the child turns 18 or marries, providing a permanent, stable family environment.
Temporary and Interim Orders
In urgent or emergency situations, the court can issue temporary assessment or interim accommodation orders. These orders allow the DFFH to investigate concerns and place the child in a safe environment while the court process is ongoing. Interim accommodation orders specify where the child will live and may include conditions to protect the child during the investigation.
Legal Process and Criteria
The Children’s Court makes child protection orders based on evidence presented by the DFFH, the child’s family, and other relevant parties. The court must be satisfied that the child is in need of protection and that intervention is necessary to secure their safety and wellbeing. The child’s views and wishes, if appropriate, are also taken into account.
The duration of each order depends on the child’s circumstances and the type of order made. All child protection orders cease when the child turns 18 or marries, but orders can be reviewed, varied, or revoked by the court if circumstances change.
Relationship with Parenting Orders
Child protection orders are distinct from parenting orders made under federal family law. If there is a conflict between the two, child protection orders made by the Children’s Court take precedence to ensure the child’s safety is the overriding concern.
Conclusion
Child protection orders in Victoria are a vital legal mechanism for safeguarding children and young people from abuse, neglect, and significant harm. These orders empower the court and the DFFH to intervene in family life when necessary, always with the goal of prioritising the child’s best interests, safety, and long-term wellbeing. Whether by supporting families to keep children safe at home or providing for out-of-home or permanent care, child protection orders play a crucial role in ensuring every child in Victoria has the opportunity to grow up safe, supported, and given the chance to thrive.
