Child Protection in Queensland Glossary
If you're involved in a child protection matter in Queensland, you're probably hearing a lot of words you've never encountered before.
This glossary explains the most common child protection terms in plain language. It's not a substitute for legal advice, but it's a starting point so you can walk into every meeting and hearing with a clearer picture of what's going on.
A
Alleged perpetrator
A person suspected of causing harm, abuse, or neglect to a child during a child protection investigation. The term does not mean the person has been found guilty, only that concerns are currently being assessed by the Department.
Application for child protection order
An application made by the Department of Child Safety to the Children’s Court requesting an order to help protect and ensure the ongoing care, safety, and wellbeing of a child.
C
Case plan
A document developed by the Department of Child Safety and the child’s family outlining the steps, goals, services, and timelines needed to keep a child safe and supported. Parents and carers have the right to be involved in the planning process. See also: our blog post on case plans in child protection.
CSO (Child Safety Officer)
A government worker responsible for investigating child safety concerns, managing cases, and making decisions about a child’s care and protection. They are usually the family’s main contact with the Department.
Child Advocate
A lawyer who works with the child and support them to participate in the child protection proceedings. They will meet with the child and can provide information about legal matters, they can help the child have a voice in court proceedings in relation to issues like where the child will live, how much time they spend with their parents, siblings etc. More information about child advocates can be found here: Child Advocate | Office of the Public Guardian (OPG), Queensland
Child in need of protection
A child in need of protection is a child who has suffered significant harm, is suffering significant harm or is at risk of suffering significant harm AND does not have a parent willing and able to protect the child from the harm. This legal threshold must be met before the Court can make a protection order.
Child protection order
A court order made to protect a child from harm by setting conditions about their care, living arrangements, family contact, or support services. There are a number of different types of child protection orders. Orders can be short-term or long term depending on the child’s needs.
Children's Court
The court in Queensland that deals with child protection matters under the Child Protection Act 1999. It is separate from the Family Court. which deals with parenting orders between separated parents.
Contact decision
A decision made by the Department of Child Safety specifying when, how, and under what conditions a child can have contact with a parent, grandparent, sibling, or other significant person. Contact can be supervised or unsupervised and be subject to certain things happening (or not happening). The Department can make contact decisions if they have been granted an order by the court to do so.
Court Assessment Order - CAO
An order made by the Childrens Court authorising the Department to assess whether a child is a child in need of protection. The order may grant custody of the child to Child Safety, authorise medical treatment, or direct how much supervised time a parent or other person can have with the child. The order can be for up to 28 days and can be extended in certain circumstances. The Department will often apply for a CAO following a TAO if they require more time to complete their assessment.
Custody
Custody is the legal responsibility and authority to make decisions about the child’s daily care needs. It is different to guardianship.
D
Department of Child Safety
Officially the Department of Child Safety, Youth and Families (DCSYF) in Queensland. This is the government department responsible for investigating reports of harm and abuse, making decisions about children's care, and managing child protection cases.
Director of Child Protection Litigation (DCPL)
DCPL are lawyers who represent the state in child protection proceedings. They are responsible for determining the type of child protection order that will be applied for and then conducting the proceedings on behalf of the state. They are usually the applicant in the proceedings as they are making an application for a child protection order.
F
Family group meeting (FGM)
A meeting organised by the Department that brings together the child's family (and sometimes other significant people) to develop a case plan for the child. Participation is encouraged, and you can have a support person attend with you. See also: our article on family group meetings.
Findings
In Children's Court proceedings, the court makes findings of fact, conclusions about what happened. Findings are not the same as criminal convictions, but they can have significant consequences.
Foster carer
A person who is approved and licensed to care for a child placed into the care of the Department of Child Safety. Foster carers are not the child's legal guardians unless a specific order is made.
G
Guardianship
The legal responsibility for a child, including the authority to make decisions about their daily care needs as well as responsibility for making decisions about a child’s long term care, welfare and developement. In child protection matters, guardianship can be transferred from parents to the Chief Executive of the Department or another person through a court order.
H
Harm
Under Queensland law, harm means any detrimental effect of a significant nature on a child's physical, psychological, or emotional wellbeing. This includes physical abuse, emotional abuse, sexual abuse, and neglect.
I
Interim orders
Are orders made by the court on an interim (temporary) basis in child protection proceedings where the application is being adjourned to another day - the interim orders cover the period of the adjournment and can include orders granting custody of the child to the chief executive (or another person).
Intervention with parental agreement (IPA)
A voluntary arrangement between parents and the Department (without court involvement) where the family agrees to certain conditions and support services to keep a child safe. It is different from a court order because it is voluntary and not made by the court.
K
Kinship carer
A person who is related to, or has a significant relationship with, a child in care. Under Queensland law, the Department must consider placing a child with a kinship carer before placing them with a stranger foster carer.
L
Long-term guardianship order - chief executive (LTG-CE)
An order that grants long-term guardianship of a child to the chief executive of the Department until the child turns 18. It is used when a child cannot safely return home and long-term alternative care is needed and means that the Department will have decision making responsibility for the child until the child turns 18 years old.
Long-term guardianship order - other (LTG-O)
An order that grants long-term guardianship of a child to a suitable person (such as a grandparent, family member or carer) until the child turns 18. It is used when a child cannot safely return home and long-term alternative care is needed.
N
Neglect
A form of harm that involves failing to meet a child's basic physical, emotional, educational, or medical needs, to the point that it causes or is likely to cause significant harm.
O
Out of home care
Out of home care is a phrase often used by Departmental workers referring to the alternative living arrangements for children who are subject to Departmental intervention and not living at home with their parents.
P
Permanent care order
A court order which grants long term guardianship of a child to a suitable person until the child turns 18 years old. It is similar to a long term guardianship order - other but has some important differences in the way the order is case managed by the Department and the way in which the order can be later varied or revoked.
Placement
Where a child lives when they have been removed from their parents' care. The Department is required to prioritise placement with relatives or kinship carers over foster care placements or residential placements.
Party
A person who has the legal right to participate in court proceedings including attending hearings, receiving documents, and presenting evidence. Parents are automatically parties. Grandparents, carers, and others can apply to be joined as parties.
Q
Queensland Civil and Administrative Tribunal (QCAT)
An independent tribunal that can review certain decisions made by the Department of Child Safety (including contact decisions). Parents, carers, children and other people affected by certain decisions can ask for a review.
R
Report of suspected harm
A formal notification made to the Department when someone believes a child may be at risk of harm or neglect. Reports can be made by anyone including mandatory reporters (teachers, doctors, police) or members of the public.
Residential care facilities - “resi’s”
Care facilities are licensed facilities often provided by non - government organizations which provide children who are in the care of the Department of Child Safety a safe place to live. The facilities are staffed by carers who provide care to children in a group home setting.
S
Safety plan
An informal agreement between the Department and a family that outlines specific actions to keep a child safe. Safety plans can be developed before court action is taken. They are not court orders, but the Department monitors whether they are followed and can be relied upon in court.
Separate representative
A separate representative is a lawyer appointed by the Children’s Court to independently represent a child’s best interests in proceedings, separate from the parents’ views or the views of the Department. They may meet with the child, review evidence, and make submissions to the court about appropriate outcomes. They not the same as a child advocate.
Social assessment report
A social assessment report is prepared by a social worker or Child Safety officer that evaluates a child’s circumstances, parenting capacity, and support needs. It is used as evidence to help the Children’s Court make informed decisions.
Substantiation
A formal determination made by the Department that harm or risk of harm to a child has been established. If a report is substantiated, it means that the Department is satisfied that abuse or neglect occurred. Substantiation is recorded and can have long-term consequences for parents.
Supervision order
A child protection order that allows a child to remain living with their parent or parents while Child Safety supports, supervises and monitors their safety and compliance with required conditions.
T
Temporary Assessment Order (TAO)
A short-term order that gives Child Safety temporary authority to take custody of a child to assess whether the child is a child in need of protection. The order can be for up to three (3) days but the practical effects of having an order made can continue after three (3) days.
Temporary Custody Order (TCO)
A short-term court order giving Child Safety temporary physical custody of a child while longer-term arrangements are being made. An application is usually made when the Department have decided to apply for a child protection order but require more time to make the application.
W
Warrant to bring child before court
A court order authorising Child Safety or police apprehend a child where the chief executive has been granted custody or guardianship of the child but is unable to locate the child, or the child has been unlawfully removed from the custody or guardianship of the chief executive.
Still Have Questions?
This glossary covers the most common terms you are likely to encounter in a Queensland child protection matter. Every case is different, and what these terms mean in your specific situation will depend on the facts and the orders already in place.
If something does not make sense, do not guess. Get advice.
Contact Kalo Children's Law and we will explain what is happening, what it means, and what your options are.
Call (07) 4426 1000 or book a consultation online.