Court report request - Family Division

Follow this procedure when managing a request for a court report from the Family Division of the Children’s Court.

Introduction

The Family Division of the Children’s Court may request a report about a child not subject to child protection involvement when:

  • the child is subject to a permanent care order and a person who is a parent of the child, other than the permanent care parent, is seeking leave of the Court to apply to vary or revoke the order (s. 326(1D) of the CYFA);
  • the child is subject to a permanent care order and a party other than the Secretary has applied to vary or revoke the order (s. 326(1E) and (1F) of the CYFA);
  • a police officer has issued a protection application s.553).

Procedure

Intake practitioner tasks

  • Register the request in CRIS as an intake type – 'court report request’.
  • Select application type in CRIS:
    • irreconcilable differences request
    • vary/revoke custody to third party order (available until 1 March 2017)
    • vary or revoke a permanent care order, or
    • protection application (where police have issued a protection application).
  • Ask if the child is Aboriginal and/or Torres Strait Islander, refer to 'Identifying Aboriginal and/or Torres Strait Islander children - for child protection practitioners (pdf, 68.5 KB) for direction.
  • Consult your supervisor in all cases and with ACSASS if the child is an Aboriginal child.
  • Select grounds, dependent upon application type.
  • Create court application in CRIS.
  • Transfer to the appropriate team.

A case is considered substantiated when the police issue a protection application. 

Section 168(1) of the CYFA requires the Secretary to prepare a case plan for a child who has been assessed to be in need of protection. Case plans must include a permanency objective (s. 167(1)).

Allocated case practitioner tasks:

  • Undertake an assessment of the child and family according to the best interests case practice model.
  • If required (PA by police), prepare a case plan and include a permanency objective. See Case plan preparation and review.
  • Prepare the Court report addressing the specific response the Court requires in the circumstances and consult the CPLO or the divisional legal officer. Include the case plan in the disposition report.
  • Seek team manager endorsement and lodge the report with the Court and legal representatives three days before the hearing.
  • Consult your supervisor and the CPLO or divisional legal representative regarding next steps.
  • Attend the Court hearing. See Court.
  • Record the outcome of the hearing in CRIS.
  • If a protection order is made after a protection application by police or an irreconcilable differences application, move the case to protection order phase. See Protection order.

Supervisor tasks

  • Provide support and supervision.
  • Endorse the Court report and recommendations.
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