Care and protection order type code N[N]
Identifying and definitional attributes
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A code set representing the type of care and protection order to which a child may be subject to.
Collection and usage attributes
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CODE 1 Finalised guardianship or custody order
Guardianship orders involve the transfer of legal guardianship to the relevant state or territory department or non-government agency. These orders involve considerable intervention in the child’s life and that of their family, and are sought only as a last resort. Guardianship orders convey responsibility for the welfare of the child to the guardian (for example, regarding the child’s education, health, religion, accommodation and financial matters). They do not necessarily grant the right to the daily care and control of the child, or the right to make decisions about the daily care and control of the child, which are granted under custody orders.
Custody orders generally refer to orders that place children in the custody of the state or territory, or department responsible for child protection or non-government agency. These orders usually involve the child protection department being responsible for the daily care and requirements of the child, while the parent retains legal guardianship. Custody alone does not bestow any responsibility regarding the long-term welfare of the child.
CODE 2 Finalised third party parental responsibility order
Third party parental responsibility orders transfer all duties, powers, responsibilities and authority, parents are entitled to by law, to a nominated person(s) considered appropriate by the court. The nominated person may be an individual such as a relative or an officer of the state or territory department.
Third party parental responsibility may be ordered in the event that a parent is unable to care for a child, and as such parental responsibility is transferred to a relative.
‘Permanent care orders’ are an example of a third party parental responsibility order and involve transfer of guardianship to a third party carer. It can also be applied to the achievement of a stable arrangement under a long-term guardianship order to 18 years without guardianships being transferred to a third party. These orders are only applicable in some jurisdictions.
CODE 3 Finalised supervisory order
Finalised supervisory orders give the department responsible for child protection some responsibility for a child’s welfare. Under these orders, the department supervises and/or directs the level and type of care that is to be provided to the child. Children under supervisory orders are generally under the responsibility of their parents and the guardianship or custody of the child is unaffected.
Supervisory and other finalised orders are therefore less interventionist than guardianship or custody orders but require the child’s parent or guardian to meet specified conditions, such as medical care of the child.
CODE 4 Interim and temporary order
Interim and temporary orders generally cover the provisions of a limited period of supervision and/or placement of a child. Parental responsibility under these orders may reside with the parents or with the department responsible for child protection.
Unfinalised orders (such as applications to the court for care and protection orders) are also included in this category, unless another finalised order is in place.
CODE 5 Administrative arrangements
Administrative arrangements are agreements with the child protection departments, which have the same effect as a court order of transferring custody or guardianship. These arrangements can also allow a child to be placed in out-of-home care without going through the courts.
CODE 6 Assessment order
A court order to enable the assessment of the child for the purposes of determining whether the child is in need of protection. The assessment is also used to determine whether the parent has the capacity to exercise parental responsibility for the child.
CODE 7 Other
'Other' is only used for appropriate authorities for the placement of children in out-of-home care that are outside the scope of care and protection orders. These may include administrative authority for placement of young offenders, interstate orders or administrative and voluntary arrangements with the Department responsible for child protection which do not have the effect of transferring custody or guardianship.
CODE 99 Not stated/inadequately described
Includes unknown and other types or orders not listed above.
Source and reference attributes
Australian Institute of Health and Welfare
|Steward:||Australian Institute of Health and Welfare|
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