Permanent care orders

Care orders , Children's court, application

1210

Follow this procedure when making an application for a permanent care order.
Document ID number 1210, version 7, 1 July 2024.

Introduction

When a permanency objective of permanent care has been endorsed and a permanent care assessment of the carers has been completed, Child Protection can make an application to the Children’s Court for a permanent care order (PCO).

Procedure

Case practitioner tasks

Request and obtain a permanent care assessment report.
For Aboriginal children, consideration must be given to the Aboriginal Child Placement Principle and further principles for placement of Aboriginal child (s.13 and s.14) and recognition principles (s.7E) prior to commencing an application for a permanent care order. Consideration must also be given to an Aboriginal child’s rights to culture and self-determination prior to commencing an application.
If the child is Aboriginal, whether the proposed permanent carer is Aboriginal or not, an accredited Aboriginal agency must conduct the assessment or be consulted as part of the assessment. The accredited Aboriginal agency must endorse the application in all instances.
Complete Report in support of application for a permanent care order and recommendations, setting out why permanent care is in the child’s best interests, attaching the assessment of the proposed permanent carers.
Under s. 320(1A) of the Children, Youth and Families Act 2005 (CYFA), the Secretary must not approve a person as suitable to have parental responsibility for child under a permanent care order and be satisfied they will preserve the child’s identity, their connection to their culture of origin and their relationships with their birth family. Regulation 18 of the Children, Youth and Families Regulations 2017 sets out the prescribed requirements for permanent carers. When assessing permanent carers, you need to provide the Court with a report that addresses the information required in s. 320 and Regulation 18 in order for the Court to make a decision.
Regulation 18 covers:
- the prospective permanent carers’ health (including medical and psychiatric health)
- their skills and experience
- their capacity to provide stability for the child for the duration of the permanent care order
- their capacity to promote and protect the child’s safety, wellbeing and development for the duration of the order
- their capacity to provide appropriate support to the maintenance of the child’s cultural identity and religious faith (if any), including ability to enact the child's cultural plan and maintain their cultural and spiritual connections
- their appreciation of the importance of contact with the child’s birth parents, siblings and family and exchange of information concerning the child
- their general character including any criminal history
- their relationship with other household and family members and the criminal records and history of the household members (if any)
Consider the residency status of the carer, in addition to considering Regulation requirements.

Adoption and permanent care services require that permanent care applicants have shown a permanent commitment to remaining permanently in Australia and are Australian or New Zealand citizens, been granted Australian or New Zealand citizenship or are holders of a permanent resident visa.

Undertake a national police history check on the proposed permanent carer(s) and all adult members of their household no more than three months prior to the application being made. In kinship care cases the national police history checks are undertaken by Child Protection. In all other cases the checks are undertaken by the responsible community service organisation (CSO) or Aboriginal Community Controlled Organisation (ACCO) or Aboriginal Children in Aboriginal Care (ACAC) provider.
Initiate an international police check for proposed permanent carer(s) and all usual household members, who have lived overseas for more than six months as this is also required. In this situation the proposed carer(s) and other usual household members are supported by the department or community service agency to apply for the international police history check (as required). See Undertaking an international police history check procedure for all tasks that must be undertaken,
Check ‘Persons responsible for harm’ on CRIS and Connect for Safety (C4S). A Persons responsible for harm check must occur in consultation with the Interstate Liaison Officer as per the Interstate Child Protection Protocol Australia and New Zealand.
Seek advice from the CPLO solicitor or a divisional solicitor about the proposed application.
Make an application to extend the current protection order in force if this is necessary to ensure that the order will not lapse prior to the making of the permanent care order.
Complete application Form 33 in CRIS, lodge the form with the court registry and obtain a hearing date.
You must consider the views of the parents regarding the placement.
Serve copies of the form on the child aged 12 years and older, the child’s parents, the prospective permanent carers and a party to the proceedings at least five days before the hearing. See 1220 Service of documents. You may apply to the court for dispensation of service. See 1221 Dispensation of service.
Provide the family with information about their and their child’s right to legal representation and Legal Aid.
Complete affidavit of service and lodge the paperwork with court prior to the hearing date to have the matter listed. See 1226 Affidavits and statutory declarations.
Email the application form and affidavit of service to the CPLO as early as possible before the hearing date, or provide them to the divisional solicitor.
Prepare the application court report.
For all Aboriginal children, a cultural plan must be developed with consideration to the recognition principles (s.7E) and Aboriginal Child Placement Principle and further placement principles for Aboriginal child (s 13 and 14). A permanent care order cannot be granted by the Children's Court without an approved cultural plan.
Consult your supervisor, permanent care practitioner and if necessary CPLO or divisional solicitor 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’s and family’s feedback on the report.
Three days before the hearing:
- Submit the report to the Court (non-court ordered reports authored by other professionals cannot be distributed without the consent of the author and the approval of a supervisor).
- Email all reports to the CPLO solicitor or the divisional solicitor.
- Email copy of reports to lawyers representing the child, the child if aged 12 years or older, the child’s parents, the proposed permanent carers and any other party to the proceeding.
- Arrange a legal aid appointment with Victoria Legal Aid for each child aged 10 years or older, so that the child can give instructions to their lawyer and avoid the need to attend court to give instructions, unless they choose to do so.
- For an Aboriginal child, consider opportunities for the child's family, community or other significant persons to participate in the court process.
Where parents indicate they are consenting to the order and do not wish to attend court, obtain consent in writing from the parents after:
- encouraging them to seek legal representation and participate in the judicial decision-making process
- they have been served with a copy of the application, and
- they have been served with a copy of the report.
Written consent should include agreement to both the PCO and to all conditions outlined in the report.
Provide original written consents to the Court.
Obtain and complete the permanent care certificate (available from the CPLO) and provide this to court registry before the hearing date.
Contact court to arrange security if there are worker safety issues.
Consult the CPLO solicitor or divisional solicitor before the hearing date.
Complete CRIS requirements including court screen and record of activity, decisions and rationales.

Permanent care orders

Case practitioner tasks

Supervisor tasks

Team manager tasks