TAS Children's Court — Care and Protection Application (Children, Young Persons and Their Families Act 1997)

Issuing authority

Department for Education, Children and Young People TAS / Magistrates Court of Tasmania (Children's Division)

Official source

How to apply

1. Department for Education, Children and Young People (DECYP) assesses a child as being at risk and determines that court orders are necessary to protect the child.
2. The Secretary of DECYP (or delegate) files an application with the Magistrates Court (Children's Division) for a care or protection order, or first an Assessment Order if further assessment is needed.
3. The application is served on the child's parents and any other relevant parties.
4. Where an Assessment Order is sought first, it is typically granted for an initial period of 4 weeks; during this time specialist assessments, case conferences, family meetings, and referrals to services occur.
5. The matter is heard before a Magistrate in the Children's Division, which is a closed court (media and public excluded).
6. The Magistrate hears evidence and submissions from all parties, including a separate representative for the child if appointed.
7. The Court may make care and protection orders for up to 12 months, or until the child turns 18 in long-term cases.
8. Orders are subject to review; parties may apply to vary or discharge orders as circumstances change.

Related topics

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