Care and protection by migrate1 (last modified Dec 07, 2009 08:07 PM Care and protection)
Introduction If Child, Youth and Family believe a child is in need of protection (e.g. they are being abused or neglected), they may apply to the Family Court for orders to protect the child. A social worker or the Police usually file the application and the Court will appoint a lawyer for the child. A wide range of orders can be made under the Children Young Persons and their Families Act 1989 to protect children and provide support to their families or caregivers.
Information on the role of the Family Court in care and protection proceedings Application for declaration The Family Court first becomes involved in care and protection proceedings when an application for a declaration that a child or young person is in need of care or protection is filed (unless there has been emergency action).
A social worker or the Police usually file the application.
After the application has been filed, parents, guardians, care givers and other persons entitled to be served under the Act (the parties) will be served with a copy of the application and any evidence that has been filed in support of the application. The parties will also be served with a notice advising when the matter is going to be heard in Court.
When the application is filed, the Family Court must appoint a lawyer for the child to represent the child. The Family Court will advise you whom they have appointed. If the child or young person is 12 years old or over, they will also be given a copy of the application. The lawyer for the child usually does this.
If the Family Court makes the declaration, it will also consider whether to make any other orders. There is a wide range of orders that can be made under the Children Young Persons and their Families Act 1989 to protect the child or young person and to provide support to the family or caregivers of the child or young person.
Reviews If orders are to be made, Child Youth and Family are required to file a plan for the child or young person with the Family Court. The plan covers matters such as the details of services and assistance to be provided for the child or young person and the responsibilities of people such as the parents, guardians and caregivers.
The plan must be reviewed every 6 months if the child or young person is under 7 years, or every 12 months if the child or young person is 7 years or older. At each review, Child Youth and Family will file a new plan. The review hearing will decide whether the orders should be cancelled, continued or changed. The parties will be given a copy of the plan and any other documents filed at the review unless the Court directs that all or some information not be disclosed. The Family Court will also advise the parties when the matter is going to be considered by a Judge and what steps the parties can take in relation to the plan.
Information for parties If you are served with an application for a declaration or another document in relation to the care and protection of a child, you should contact the social worker who is responsible for the case. You may also wish to seek legal advice from a family lawyer, Community Law Centres or Citizens Advice Bureaux.
Legal Aid If you are eligible, legal aid is available for all Family Court matters except dissolution (divorce). To find out if you are eligible for legal aid, talk to your lawyer or contact your local Community Law Centre.
Further Information Further information on lawyer for the child
Further information on mediation conferences
Practice note Ministry of Justice and Department of Child, Youth and Family Services
Further information on Child Youth and Family
Introduction If Child, Youth and Family believe a child is in need of protection (e.g. they are being abused or neglected), they may apply to the Family Court for orders to protect the child. A social worker or the Police usually file the application and the Court will appoint a lawyer for the child. A wide range of orders can be made under the Children Young Persons and their Families Act 1989 to protect children and provide support to their families or caregivers.
Information on the role of the Family Court in care and protection proceedings Application for declaration The Family Court first becomes involved in care and protection proceedings when an application for a declaration that a child or young person is in need of care or protection is filed (unless there has been emergency action).
A social worker or the Police usually file the application.
After the application has been filed, parents, guardians, care givers and other persons entitled to be served under the Act (the parties) will be served with a copy of the application and any evidence that has been filed in support of the application. The parties will also be served with a notice advising when the matter is going to be heard in Court.
When the application is filed, the Family Court must appoint a lawyer for the child to represent the child. The Family Court will advise you whom they have appointed. If the child or young person is 12 years old or over, they will also be given a copy of the application. The lawyer for the child usually does this.
If the Family Court makes the declaration, it will also consider whether to make any other orders. There is a wide range of orders that can be made under the Children Young Persons and their Families Act 1989 to protect the child or young person and to provide support to the family or caregivers of the child or young person.
Reviews If orders are to be made, Child Youth and Family are required to file a plan for the child or young person with the Family Court. The plan covers matters such as the details of services and assistance to be provided for the child or young person and the responsibilities of people such as the parents, guardians and caregivers.
The plan must be reviewed every 6 months if the child or young person is under 7 years, or every 12 months if the child or young person is 7 years or older. At each review, Child Youth and Family will file a new plan. The review hearing will decide whether the orders should be cancelled, continued or changed. The parties will be given a copy of the plan and any other documents filed at the review unless the Court directs that all or some information not be disclosed. The Family Court will also advise the parties when the matter is going to be considered by a Judge and what steps the parties can take in relation to the plan.
Information for parties If you are served with an application for a declaration or another document in relation to the care and protection of a child, you should contact the social worker who is responsible for the case. You may also wish to seek legal advice from a family lawyer, Community Law Centres or Citizens Advice Bureaux.
Legal Aid If you are eligible, legal aid is available for all Family Court matters except dissolution (divorce). To find out if you are eligible for legal aid, talk to your lawyer or contact your local Community Law Centre.
Further Information Further information on lawyer for the child
Further information on mediation conferences
Practice note Ministry of Justice and Department of Child, Youth and Family Services
Further information on Child Youth and Family