Child exclusion condition on family violence orders

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.

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 1003 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 identifies as Aboriginal and/or Torres Strait Islander-
  • consider the recognition principles (s. 7E)
  • consult with Aboriginal Child Specialist Advice and Support Service (ACSASS) for Aboriginal children, for all significant decisions (a requirement across all phases of intervention) related to this request. 
• If the child is aged more than 16 years and 11 months but less than 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 Child Protection Litigation Office (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
  •  For Aboriginal children –  
    •    consideration of the recognition principles (s.7E), Aboriginal Child Placement Principle and further principles for placement of Aboriginal child (s.13 -14) must occur. 
    •    consult with ACSASS regarding all significant decisions and, wherever possible, involve Aboriginal-led services to ensure the child has access to culturally safe services.
  • 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, the CPLO solicitor or a divisional legal officer and ACSASS if the child is Aboriginal 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.
• If the child is Aboriginal, consideration of the recognition principles (s.7E) must be recorded on CRIS for all key decisions and actions undertaken for Aboriginal children. The ‘Statement of Recognition’ case note category should be used for recording at all points of child protection involvement.
• 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.
• Confirm the requirements in relation to Aboriginal children have been met. 

Team manager tasks

• Endorse the court report.
• Confirm the requirements in relation to Aboriginal children have been met and recorded on CRIS. 

• 1003 Receiving, registering and classifying a report-procedure
• 2408 Child exclusion condition on family violence orders - advice