Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 59

59 Making of child protection order

(1) The Childrens Court may make a child protection order only if it is satisfied—

(a) the child is a child in need of protection and the order is appropriate and desirable for the child’s protection; and

(b) there is a case plan for the child—

(i) that has been developed or revised under part 3A ; and

(ii) that is appropriate for meeting the child’s assessed protection and care needs; and

(iii) for a long-term guardianship order or a permanent care order for the child—that includes living arrangements and contact arrangements for the child; and

(c) if the making of the order has been contested—

(i) a conference between the parties has been held or reasonable attempts to hold a conference have been made; or

(ii) because of exceptional circumstances, it would be inappropriate to require the parties to hold a conference; and

Example of exceptional circumstances—

The court may be satisfied the risk to the safety of a party if a conference were held outweighs the potential benefit of holding the conference.

(d) the child’s wishes or views, if able to be ascertained, have been made known to the court; and

(e) the protection sought to be achieved by the order is unlikely to be achieved by an order under this part on less intrusive terms.

(2) Before making a child protection order, the court may have regard to the following matters—

(a) any contravention of this Act or of an order made under this Act;

(b) a decision by the chief executive to end intervention under part 3B because the intervention was no longer appropriate to meet the child’s protection and care needs.

(3) When deciding whether a case plan is appropriate under subsection (1) (b) (ii) , it is not relevant whether or not all persons who participated in the development or revision of the plan agreed with the plan.

(4) The court must not make a child protection order unless a copy of the child’s case plan and, if it is a revised case plan, a copy of the report about the last revision under section 51X have been filed in the court.

(5) Also, before making a child protection order granting custody or guardianship of a child to a person other than the chief executive, the court must have regard to any report given, or recommendation made, to the court by the chief executive about the person, including a report about the person’s criminal history, domestic violence history and traffic history.

Note—

Section 95 deals with reports about the person’s criminal history, domestic violence history and traffic history.

(6) In addition, before making a long-term guardianship order or a permanent care order for a child, the court must be satisfied—

(a) there is no parent able and willing to protect the child within the foreseeable future; or

(b) the child’s need for emotional security will be best met in the long term by making the order.

(7) Further, the court must not grant long-term guardianship of a child to—

(a) a person who is not a member of the child’s family unless the child is already in custody or guardianship under a child protection order; or

(b) the chief executive if the court can properly grant guardianship to another suitable person.

(7A) The court may make a permanent care order for a child only if, in addition to the other matters about which the court must be satisfied under this section, the court is satisfied—

(a) the person to whom guardianship of the child is to be granted under the order (the
"proposed guardian" ) is—

(i) a suitable person for having guardianship of the child on a permanent basis; and

(ii) willing and able to meet the child’s ongoing protection and care needs on a permanent basis; and

(iii) committed to preserving—

(A) the child’s identity; and

(B) the child’s connection to the child’s culture of origin; and

(C) the child’s relationships with members of the child’s family in accordance with the case plan for the child; and

(b) the child has been in the care of the proposed guardian, under a child protection order granting custody or guardianship of the child to the chief executive or the proposed guardian, for a period of at least 12 months immediately before the making of the application.

(7B) However, the court may make a permanent care order, despite not being satisfied of the matter mentioned in subsection (7A) (b) , if the court is satisfied there are exceptional circumstances that, in the best interests of the child, justify the making of the order.

Example of exceptional circumstances—

The proposed guardian is caring for 1 or more of the child’s siblings under a permanent care order.

(8) Before the court extends or makes a further child protection order granting custody or short-term guardianship of the child, the court must have regard to the child’s need for emotional security and stability.

(9) This section does not apply to the making of an interim order under section 67 .