Types of orders and authorities: children in care

• Authorities 
• Parental Authority for Placement 
• Voluntary Custody Agreement (VCA) 
• Investigation and Assessment orders 
• Care and Protection Orders 
• 12-Month orders 
• Guardianship of the Minister until 18 years 
• Other Person Custody
• Guardianship Grounds for applying for Youth Court Orders

Authorities

There are two types of Authorities to allow children to be placed into the temporary care of Families SA with the agreement of the parent/guardians that do not require going to Court.
These are

• Parental Authority for Placement
• Voluntary Custody Agreements

Parental Authority for Placement

The Parental Authority for Placement is used in emergency situations when a child or young person, due to a particular family crisis such as illness of the parent, requires a placement in alternative care for a brief period of time.
The custody and guardianship of the child remains with the parent/guardians of the child/young person. Parent/guardians are involved with the social worker in making decisions about the child.
A Parental Authority for Placement can be agreed to for a maximum of six weeks, and can be renewed giving no more than a maximum of twelve weeks in care.

Voluntary Custody Agreement

A Voluntary Custody Agreement is used when:

• There are concerns for the safety of the child which cannot be resolved while the child remains at home, but Families SA anticipates that the goal to create a safe environment for the child to return to will be achieved in a short period of time.
• Parents/guardians are willing to be actively involved in a partnership approach with Families SA.

During a Voluntary Custody Agreement Families SA, the child/young person and the parents/guardians work together to:

• Identify the problems
• Establish common goals
• Take responsibility to achieve these goals
• Improve the family’s circumstances so that everyone is confident that the family situation leading to the Voluntary Custody Agreement is resolved.

During a Voluntary Custody Agreement, Families SA is responsible for the day to day care and decision making of the child, but the parent/guardians remain the legal guardians and still have responsibility for the long-term welfare of the child.
This means that Families SA is responsible for where the child will stay and be looked after, their schooling needs, and their health, but will also work closely with the parents during this period.
Signed consent of both guardians is required. If this is not possible the reasons will be recorded by the Families SA case manager.
If the young person is over 16 years of age, the agreement cannot proceed without the young person’s signed consent.
When the child/young person is under 16 years of age, Families SA will discuss the agreement and the case plan with them in a way that is appropriate for their age level and maturity.
Consent can be withdrawn at any time, in writing. However, if the family issues that led to the Voluntary Custody Agreement are not resolved, Families SA may need to consider applying for formal Youth Court Orders.
The Voluntary Custody Agreement is for a period up to three months. In special circumstances they may be extended up to another three months to a maximum of no more than six months in total.
An important part of a Voluntary Custody Agreement is the “Case Plan”.

Orders

Youth Court Orders are the Legislative Authority that Families SA apply for and use to place a child in care.
The Children’s Protection Act 1993 is the legislation that sets out the types of orders the Youth Court can make for the care of a child/young person.
The Children’s Protection Act states that every child has a right to be safe from harm. It also states that every child has a right to be cared for in a safe and stable family environment, and that when making decisions, the child’s wellbeing and best interests are to be the paramount considerations.
Families SA apply to the Youth Court for an Order so that they can continue to work with the family, and so that they can make decisions and arrangements for the care of the child during any period of further involvement.
See Grounds for applying for Youth Court Orders for more about the reasons Families SA can apply for a Youth Court Order.
Although, Families SA may remove a child from their parent/guardians after assessing that the family environment is not safe or stable, it is the Youth Court Judge that ultimately makes the decision for the removal to be longer term.
There are two main types of Youth Court Orders used by Families SA.
These are

• Investigation and Assessment Orders
• Care and Protection Orders

Investigation and Assessment orders

Initially Families SA will seek an Investigation and Assessment Order to allow Families SA time to complete the inquiry into allegations of abuse and/or neglect, and also review and consider the outcomes with the family’s circumstances as a whole, whilst also ensuring the child’s safety and wellbeing during the investigation process.
Investigation and Assessment Orders can be granted for up to 42 days, and may be extended for a further 42 days.
Investigation and Assessment Orders may or may not include the child being placed under the custody of the Minister while the investigation and assessment occurs.
Investigation and Assessment Orders are most often used when parents are unwilling to work cooperatively with Families SA to ensure the safety and wellbeing of their child while investigation and assessment occurs, or when the concerns raised are so serious that only a court order can ensure their child’s safety during the investigation and assessment process.
If after the Investigation and Assessment period it is assessed that the child still cannot return home, Families SA may apply for a 12-month Care and Protection Order to help the family resolve their issues and where possible try to reunify the child with their parents.
In situations where Families SA believe reunification cannot be achieved within the time frame of a 12-month order, they may consider to apply directly for a Care and Protection Order until the child reaches 18 years.

Care and Protection Orders

Care and Protection Orders can be made for either a period of up to 12 months, or for a period until the child reaches 18 years of age.
There are also certain circumstances where another person can become the child’s guardian instead of the Minister.
To find out more go to the section Other Person Custody and Guardianship

12-Month orders

Custody Or Guardianship Orders

12-Month Care and Protection Orders are most often used to ensure a child’s safety and wellbeing while Families SA continue to help the parents address outstanding child protection concerns, improve their parenting skills, and ultimately have their children returned to them. Families SA refer to this process as reunification.
Families SA often apply for Guardianship of the Minister during this period, but in some circumstances it may be appropriate for the parents to retain the Guardianship and that the Minister, or other,  have Custody of the child.
An example of this is where a parent is incarcerated longer than the legal period for a Voluntary Custody Agreement (6- months) and there are no other concerns for the child.

Supervision Orders

Sometimes the Youth Court may grant Care and Protection orders that direct parents to participate in services or programs to improve their parenting and protectiveness of children, but still allow the parents to retain full parenting rights and responsibilities (Custody and Guardianship). These orders are often called “supervision orders”. In these cases, the child remains at home with the parents, but Families SA has the legal mandate to be involved with the family for a period of time.
If during the 12-month Care and Protection Order, the family are addressing the safety and harm concerns that led to the Order, and the child is in the process of being reunified with their parents, Families SA may apply for an extension of the Order to help complete this process. However, if it becomes clear that the family issues will take a very long time to resolve then Families SA will need to apply for a Care and Protection Order until the child reaches 18 years.

Guardianship of the Minister until 18 years

Care and Protection Orders to 18 years are used when parents are unable or unwilling to make the required changes necessary to secure the child’s safety and wellbeing.
Children cannot wait indefinitely for parents to change, and timely decisions about the child’s future care arrangements need to happen to ensure that children can grow up and reach their full potential.
Care and Protection Orders to 18 years always include Guardianship, and this may be to the Minister, or to another person or persons (up to a maximum of two people).
When children are placed under Care and Protection Orders to 18 years their parents still remain their parents – unlike adoption whereby the child legally becomes the adoptive parents’ child.
Although parents will no longer be the primary decision-makers about their child’s future, parents are encouraged to work in partnership with Families SA, and with the carers, to help their child reach their developmental potential. This includes maintaining relationships with their family of origin, community and culture.

Other Person Custody and Guardianship

Families SA has the ability to apply for other people besides the Minister to be the child’s guardian when Care and Protection Orders are required.
When Families SA applies for Care and Protection Orders to 18 years, Families SA will consider whether it is in the child’s best interests to be under the Minister’s guardianship or another person’s guardianship – this may be a relative, foster carer, or community member. These decisions are made on an individual case-by-case basis, and after thorough assessment and planning. Families SA encourages all parents to be involved in this assessment and planning process.
For more information,

• Other Person Guardianship Program - Fact sheet 1 (PDF, 300KB)
• Other person guardianship - Information for carers - Fact sheet 2 (PDF 88KB)
• Other person guardianship - Information for parents and families - Fact sheet 3 (PDF 80KB)

Grounds for applying for Youth Court Orders

Families SA must have reasons to apply for a Youth Court Order. These reasons are referred to as Grounds.
Families SA has Grounds to apply for Youth Court Orders if a child is deemed to be at significant risk of serious harm to his or her physical, psychological, or emotional wellbeing, against which s/he should have, but does not have, proper protection.
Families SA can also apply for Youth Court Orders on one, or more, of the following Grounds:

• the child has been, or is being, abused or neglected
• a person with whom the child lives has threatened to kill or injure the child and there is reasonable likelihood of the threat being carried out
• a person with whom the child lives has killed, abused or neglected some other child and there is reasonable likelihood of the child in questions being killed, abused or neglected by that person
• the guardians of the child are unable or unwilling to care for and protect the child, or exercise adequate supervision and control over the child
• the guardians are dead, have abandoned the child, or cannot be found
• the child is of compulsory school age but has been persistently absent without satisfactory explanation, or
• the child is under 15 years of age and is of no fixed address.