Child Protection Law Updates Encouraging Keeping Kids With Their Families; Interstate Child Protection Order Recognition and Transfer

Children and Young People (Safety and Support)

1st House

2nd House

Law



Effects of Bill:

This bill being passed means that:

before applying to a court for an order to remove a child, authorities must first assess whether the child can be reunified with their family. If removal is necessary, the Chief Executive is encouraged to place children with other family members or people the child knows before considering foster care with strangers.

Courts are required to ensure that a family group conference has been offered before making orders to remove Aboriginal and Torres Strait Islander children. These conferences aim to involve the broader family and community in finding solutions that keep children within their cultural and family context.

If a court is considering removing a child from their parents, it can instead order the parent to attend courses or undertake programs to improve their ability to care for the child.

Young people who are transitioning out of care are elegible for ongoing support, which could include help with education, finding a place to live, or finding work

Even when children are removed from their immediate family, the bill encourages maintaining contact with their family members as long as it's in the child's best interest. This could mean setting up regular visits or other communication methods.

Child protection orders can now be transferred between South Australia and other states, and child protection proceedings can be transferred between South Australian courts and courts in other states. This applies when the child or family moves, or if the circumstances of the case make it more appropriate to be handled in a different state’s court system.

Decisions made in another state about a child’s welfare (e.g. Child protection orders) can now be enforced in South Australia without needing to be reissued by local courts.


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