Child exclusion condition on family violence orders

Follow this procedure when responding to a court report request relating to a condition on a family violence intervention order (FVIO) or personal safety intervention order (PSIO) on a child respondent.

Introduction

See Child exclusion condition on family violence orders - advice for further information.

This procedure also relates to a child who is subject to a protection order, or if a child is the subject of an exclusion condition pursuant to a FVIO or PSIO.

Procedure

Intake practitioner tasks

  • Assess the information received from the Court (either as a request for a court report or a notification that an exclusion condition has been made on a FVIO or a PSIO against a child).
  • Follow the usual procedures for assessment of an intake report if the child is not an active child protection client – see Receiving, registering and classifying a report.
  • If a request for a report has been made about a child who is not an active client, either a child wellbeing or a protective intervention report must be recorded, depending on the assessment.
  • If the child is aged more than 16 years and 11 months but less that 18 years –
    • refer the request to the divisional youth justice contact if the child is not an active child protection client
    • direct the matter to the relevant practitioner or team manager if the child is an active child protection client.

Case practitioner tasks

  • Check if the child is a disability or youth justice client.
  • Seek advice from programs relating to the child’s accommodation, care and supervision needs and options.
  • Seek advice from the CPLO or a divisional court officer or legal officer if required.
  • Prepare the court report using the appropriate template and obtain endorsement from your supervisor.
    • The report must be provided within seven days of a request unless another time frame is specified by the Court.
    • It should include the care, supervision and accommodation options available for the child.
    • Ensure compliance with the Aboriginal Child Placement Principle where relevant.
    • If a new report has been registered for a child, the report should include information relating to the outcome of the intake assessment.
    • If the report relates to a child under 17, section 30 of the CFYA applies, which sets out how the request can be responded to.
    • In some instances the Court may order an exclusion clause on the day that the FVIO or PSIO matter is being heard. If there is not enough time to prepare a written report, you will need to verbally inform the magistrate of the options that are available for the appropriate accommodation, care and supervision of the child.
  • Consult your supervisor and CPLO solicitor or a divisional legal officer about the information that should be included in the report. Refer to the CRIS alert screen and ensure the report does not include confidential information such as protected addresses and contact details.
  • Where possible, seek the child and parents’ feedback on the report.
  • Deliver the report to the Court by the due date.

Supervisor tasks

  • Provide ongoing supervision and consultation.
  • Endorse the court report.

Team manager tasks

  • Endorse the court report.
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