Care and protection

Can the Department of Communities and Justice assist me if I need support to c​are for my child or young person?

If you need support to care for a child or young person, you can contact the Department of Communities and Justice (DCJ). DCJ can refer you to services for help, such as the Brighter Futures program. 

For more information, see Brighter Futures on the DCJ website.

There are many other types of early intervention programs which can provide you with:

• information and advice to support your family
• support and services to prevent your child or young person going into care
• longer term support for up to two years if you are accepted into the program.

You can call DCJ 24 hours, seven days a week. 

For more information, see Contact us on the DCJ website.

Can the Department of Communities and Justice assist me if I am a child or young person and I have concerns about the way I am being looked after?

If you have concerns about the way you are being looked after, you can contact the Department of Communities and Justice (DCJ) at any time. DCJ can provide referral and support services and will conduct a risk assessment to decide if you are at risk of significant harm.

For more information, see Mandatory reporters: How to make a child protection report on the DCJ website.

You can also contact Kids Helpline on 1800 551 800.

If you have experienced violence including threats, harassment and intimidation you can speak to the police about applying for an Apprehended Violence Order.

If you are concerned about your safety, you should get urgent legal advice.     

What is the Brighter Futures program?

The Brighter Futures program is designed for families with children under nine years old, or are expecting a child, and who face specific problems. If you have a child under the age of three or you have been referred to the program by an Aboriginal Maternal and Infant Health Service, you will be given priority to enter the program.

The Brighter Futures program may be able to help you if you:

• are experiencing domestic violence
• have drug and alcohol issues
• have a mental health issue
• don't have extended family and social support
• have a significant learning difficulty or an intellectual disability
• have a child with behaviour management problems
• need help with parenting skills or are not able to provide adequate supervision for your child.

For more information, see Brighter F​uture​s​​ on the Department of Communities and Justice website. 

What is ​the Early Intervention and Placement Preven​tion program?

The Early Intervention and Placement Prevention​ program provides various family support services for children, young people and families aimed at dealing with issues early and reducing the risk that children and young people will have to go into out-of-home-care. The programs are usually run by Non-Government Organisations (NGOs).

For more information, see Early intervention services on the Department of Communities and Justice website. 

What is a dispute resolution co​nference?

A dispute resolution conference is a meeting where an impartial person helps people in dispute reach an agreement about the problems that are causing th​​​​e dispute.

What is said at the conference, or any documents that are prepared for or used in the conference, can't be used in court.

Do I have to attend the dispute​ resolution conference?

If you have been asked by the Department of Communities and Justice or referred by the Court to attend a dispute resolution conference, you should get legal advice. 

Can I have a lawyer at a dispute​ resolution conference? 

If you are attending a dispute resolution conference organised by the Department of Communities and Justice (DCJ), you can ask to have a lawyer represent you during the conference. It is up to DCJ whether they will agree to your request. Whatever DCJ decides, you can still get confidential legal advice prior to and during a conference. 

Legal Aid NSW dispute resolution conferences are lawyer assisted. If you are eligible, Legal Aid NSW will assign a lawyer to represent you during the conference.   

If you have been asked to attend a dispute resolution conference, you should get legal advice.

When is a child or young person c​onsidered to be at risk of significant harm?

A child or young person is considered to be at risk of significant harm if there are current concerns about the safety, welfare or wellbeing of a child or young person to a significant extent for any of the following reasons:

• their basic physical or psychological needs are not being met, or are at risk of not being met
• necessary medical care is not being arranged for them
• they are not attending school or receiving an education
  
• they have been, or are at risk of being, physically or sexually abused or ill-treated
• they are living in a situation of domestic violence and are at risk of serious physical or psychological harm
• a parent or caregiver has behaved in such a way towards them that they have suffered, or are at risk of suffering, serious psychological harm
• the birth mother did not work with support services to remove or minimise risk factors.   

What can I do if I think a child or young pe​rson could be at risk of significant harm?

If you suspect that a child or young person is at risk of significant harm, you can make a report to the Department of Communities and Justice (DCJ) Child Protection Helpline. This helpline is open 24 hours, seven days a week.

You should be sure that your concerns are genuine and based on reliable information.

If you are a mandatory reporter, you have a legal obligation to make a report to DCJ if you think a child (but not a young person) is at risk of significant harm.

Generally, your identity is protected in making a report to DCJ.​

For more information, see Mandatory reporters: How to make a child protection report on the DCJ website.

What will ha​​​ppen when I ca​ll the Child Protection Helpline?

If you need to discuss the health, welfare or safety of a child or young person, you can call the Child Protection Helpline ​at any time. The Helpline operates 24 hours, seven days a week. A Helpline staff member can:

• provide you with information, referrals or assistance
• make a report about the safety and welfare of the child or young person
  
• undertake an initial intake assessment and report
• decide if the matter will be referred for further investigation or intervention.

All reports to the Child Protection Helpline are treated confidentially. You can also choose to remain anonymous when making a report.    

For more information, see Protecting our kids on the DCJ website.

What is a Department of Communities and Justice report?

A Department of Communities and Justice (DCJ) report is information provided to DCJ by any person who has reasonable grounds to suspect a child or young person is at risk of significant harm.     

What happens after a report is made to the Department of Communities and Justice?

If you have made a report to the Department of Communities and Justice (DCJ), it will assess the report to determine whether the child or young person is at risk of significant harm. DCJ may:

• ask a local DCJ office to make a further assessment of the report
• talk to other people to find out about the family's circumstances, for example, DCJ might contact the child or young person's teacher, childcare worker or relatives
• visit the family - DCJ might do this quickly if it considers the child to be in immediate risk of serious harm
• move the child or young person to a safer place, if they are considered to be in immediate risk of serious harm
  
• decide to take no further action, if DCJ considers there is insufficient reason to believe that the child or young person is at risk of significant harm or the concerns have been dealt with.

The DCJ investigation may also include:

• a medical examination of the child or young person
• an interview with the child or young person and/or their family members
• interviews with other relevant people, including teachers and carers
• psychological and developmental assessments of the child or young person and/or their family members
• an assessment of the child or young person and their family
• an assessment of proposed caregivers.
  

Can I make an anonymous report to the Department of Communities and Justice about the safety​​, health or wellbeing of a child or young person?

When you contact the Child Protection Helpline you can let the staff member know that you wish to make an anonymous report.

Are reports made to the Department of Communities and Justice confidential?

Reports to the Department of Communities and Justice (DCJ) are treated confidentially and the identity of a person making a report is protected by law.

DCJ can contact you after you make a report to get further information or to provide feedback to you. NSW Police can access the report, including information about your identity if they are investigating a serious offence against a child or young person.

Can I make a report to the Department of Communities and Justice before a child has been born?

If you have concerns that an unborn child may be at risk of significant harm after their birth, you can make a report to the Child Protection Helpline.

Your report will be confidential and you can choose to make it anonymously.    

For more information, see Mandatory reporters: How to make a child protection report on the Department of Communities and Justice website.

What is m​andatory reporting?

There are certain groups of people who are required by law to make a report to the Department of Communities and Justice (DCJ) if they suspect on reasonable grounds that a child is at risk of significant harm. This is called mandatory reporting. 

For more information, see Mandatory reporters on the DCJ website.

Am I a mandatory reporte​r?

If your professional or paid work involves managing, supervising or delivering health care, welfare, education, children's services, residential services or law enforcement to children (under 16 years old) then you are considered a mandatory reporter.

If you are not sure whether you are a mandatory reporter, you can:

• speak to your supervisor or employer
• contact the Department of Communities and Justice
  
• get legal advice.
  

Do I have to make a mandatory rep​ort if the child is over 16?

The mandatory reporting law only applies to children under the age of 16 years old.  

Even if there is no legal obligation, a mandatory reporter can still choose to make a report about a child over 16 years old who they consider to be at risk of significant harm.

How do I know if the child or young person is a​t risk of significant harm before I make a mandatory report?

All government agencies that provide services to children have Child Wellbeing Units or staff trained to help you to decide whether you should make a report or not. 

You can contact your Child Wellbeing Unit for assistance.     

What protec​t​ion do I have in relation to making a mandatory report? 

If you have made a report in good faith you are protected under the law. You can't:

• be held liable for a breach of professional ethics or a departure from accepted standards of professional conduct
  
• be held liable for defamation
• have legal action taken against you for malicious prosecution, or
• be required by a Court to provide the report or give any evidence about its contents.

Information about your identity can only be disclosed with your consent or with the permission of the Court. However, the Department of Communities and Justice can contact you for further information or to give feedback about your report. 

The NSW Police can access the report and information about your identity if this is needed for the investigation of a serious offence against a child or young person. The request must come from a Senior Law Enforcement Officer. You must also be informed that your identity is to be released, unless informing you will impact on the investigation.

What powers do the Department of Communities and Justice have when investigating a report about the safety or wellbeing of my child or young person?

The Department of Communities and Justice (DCJ) has wide powers that enables them to thoroughly investigate reports made to them about the safety or wellbeing of a child or young person. They can:

• ask a local DCJ office to make a further assessment of the report
• talk to other people, for example your child's teacher, childcare worker or relatives, to find out about your family's circumstances
• interview you and your family, either in their office or in your home - they might do this quickly if they consider your child or young person to be at immediate risk of serious harm
• move your child or young person to a safer place, if they are considered to be at immediate risk of serious harm
• decide to take no further action.

The DCJ investigation may also include:

• a medical examination of your child or young person, with your consent or an order of the Court
• an interview with your child or young person and their family members
• interviews with other relevant people, including teachers and carers
• psychological and developmental assessments of your child or young person and/or their family members
• an assessment of your child or young person and their family
• an assessment of proposed caregivers.
  

If DCJ are investigating a report about a child or young person in your care, you should get legal advice.

Does the Department of Communities and Justice have power to talk to other people about my​​ child or young person?

The Department of Communities and Justice (DCJ) has wide powers that enables it to thoroughly investigate reports about the safety, welfare and wellbeing of your child or young person. DCJ can speak to any person relevant to the investigation, including teachers, doctors, counsellors, childcare workers, relatives and your other children or siblings of your child or young person.

If DCJ are investigating a report about a child or young person in your care, you should get legal advice.     

Should I attend an interview with the Department of Communities and Justice?

If you have been asked by the Department of Communities and Justice to attend an interview in relation to concerns about a child or young person in your care, you should get legal advice urgently. 

Do I have an obligation to co-operate with the Department of Communities and Justice if they are investigating concerns about a child or young person in my care?

It is generally in your interests to try to co-operate with a Department of Communities and Justice (DCJ) caseworker. If you don't, the caseworker may consider removing the child or young person and seeking court orders.

If you are not sure whether to co-operate with DCJ, you should get legal advice.

What is an assessmen​t order?

An assessment order is a court order that permits:

• the physical, psychological, psychiatric, or other medical examination and assessment of your child or young person, or
• an assessment of you and your parenting capacity.

To get an assessment order, the Department of Communities and Justice (DCJ) can apply to the Children's Court of NSW. The Court will consider whether:

• the assessment is likely to provide relevant information that can't be obtained elsewhere
• any distress is likely to be caused to your child or young person and if this outweighs the value of any information obtained through the assessment.

The Children's Court of NSW Clinic usually carries out psychological assessments.

If DCJ are investigating a report about a child or young person in your care, you should get legal advice.

Can my child or young person have their own legal representation during a meeting with the Department of Communities and Justice?

You or your child or young person can ask to have a lawyer present during a meeting with the Department of Communities and Justice (DCJ). DCJ can refuse to allow another person to be present as this may affect what your child or young person says during the interview. 

You, or your child or young person, should get legal advice after an interview with DCJ. 

Can the Department of Communities and Justice force me to take my child to a medical practitioner for a medical examination?

The Department of Communities and Justice (DCJ) may request a medical examination of your child or young person as part of their investigations. If you refuse or fail to co-operate, DCJ can serve a notice on you legally requesting that your child or young person be taken to a particular medical practitioner. 

In some cases, a notice can be served on a person other than the carer, for example a school principal or childcare worker. This notice is referred to as a notice requiring medical examination. The notice will specify the name of the medical practitioner the child must be taken to, and a date and time.

After examining the child or young person the medical practitioner will provide a written report to DCJ.

If DCJ are investigating a report about a child or young person in your care, you should get legal advice.

What will happen if I​ do not comply with a notice requiring medical examination?

If you or the person named in the notice fails to take the child or young person for a medical examination:

• you could be prosecuted. It is an offence to fail to comply with the notice unless you can show that you did not have care of the child or young person at the time the notice was served.
  
• the Department of Communities and Justice (DCJ) or a police officer can take the child or young person to a medical practitioner for the purpose of a medical examination.
  
• DCJ or a police officer can apply for a search warrant. This allows DCJ or the police to enter and search the premises to remove the child or young person and take them to a medical practitioner.

If you have received a notice requiring medical examination, you should get legal advice.

Can the Department of Communities and Justice interview a child or young person that i​s considered at risk of harm?

The Department of Communities and Justice has very wide powers to investigate a report that a child or young person is suspected of being at risk of harm. Thi​​s includes the power to interview the child or young person without you being present and without your permission.

Can the Department of Communities and Justice interview my child or young person without my permission? 

The Department of Communities and Justice has very wide powers to investigate a report that a child or young person is suspected of being at risk of harm. This includes the power to interview your child or young person without you being notified or present.

Can I be present when the Department of Communities and Justice interview my child?

You must ask the Department of Communities and Justice (DCJ) if you can be present when they interview your child. DCJ can refuse to allow you to be present as this may affect what the child says during the interview.

Can the Department of Communities and Justice talk to a child or young person whil​e they are at school?

The Department of Communities and Justice (DCJ) can interview a child or young person at school or day care. DCJ don't need to get the parents' consent to interview the child or young person and don't need to notify the parents before the interview.

Can the Department of Communities and Justice refuse to tell me what they asked my child?

All Department of Communities and Justice investigations are confidential. If the matter goes to Court, you will be entitled to know any evidence that is being used against you.

How do I complain ab​out the Department of Communities and Justice?

If you are not happy with decisions or actions the Department of Communities and Justice (DCJ) are taking, you can:

• speak to the caseworker to clarify any issues or requests they have made to you
• ask for a meeting with the caseworker's manager
• ask for an Aboriginal Officer to be involved (if you are Aboriginal)
• get legal advice.
  

If you want to make a complaint about DCJ, you must first contact the Enquiry, Feedback and Complaints Unit on 1800 000 164.

For more information, see Feedback and complaints on the DCJ website. 

If the complaint is not resolved, you can contact the NSW Ombudsman. For more information, see Making a complaint on the NSW Ombudsman website. 

What will the Department of Communities and Justice do if it is satisfied that my child or young person is in need of care and protection?

After the Department of Communities and Justice (DCJ) investigates a report, it may decide that your child or young person is in need of care and protection. DCJ may consider one or more of the following options:

• take no action - DCJ will only do this if it considers there are proper arrangements for the care and protection of your child or young person
  
• arrange for support services to be provided to your family
• make a temporary care arrangement with you for your child or young person
  
• develop an agreed care plan with your family
• develop a parent responsibility contract with the primary caregivers of your child or young person
• apply to the Court for a parent responsibility order 
  
• remove your child or young person and apply to the Children's Court of NSW for care orders, if it considers your child or young person is at risk of significant harm. Before applying for care orders, DCJ must offer Alternative Dispute Resolution (ADR) processes to your family, unless there are exceptional circumstances. 
  

If DCJ want you to participate in ADR, you should get urgent legal advice. 

Does the Department of Communities and Justice have to offer Alternative Dispute Resolution when responding to a risk of harm report?

If the Department of Communities and Justice (DCJ) decides a child or young person is in need of care and protection, they must make active efforts to:

• prevent a child, who remains in the care of their family, from entering out of home care
• restore a child who is in out of home care:
  • to their family, or 
  • place them with family, kin or community where this is not in the child’s best interests to be restored to their family.

As part of making active efforts, DCJ must offer Alternative Dispute Resolution (ADR) to you and your family if they consider your child or young person is at risk of significant harm, unless there are exceptional circumstances. This must be done before DCJ applies to the Court for care orders.

The purpose of ADR is for you, your family and DCJ agree on what steps need to be taken to keep your child safe.

If DCJ contact you to participate in ADR, you should get urgent legal advice. 

What is a temporary ca​re arrangement?

A temporary care arrangement is an arrangement made by the Department of Communities and Justice (DCJ) that provides a temporary place for your child or young person to live other than with you. 

It gives DCJ the right to make decisions about the care of your child or young person, including in relation to:

• medical and dental treatment (except surgery or medical treatment that might have long-term effects)
• emergency surgery
• correcting and managing your child or young person’s behaviour.

If DCJ decides that your child or young person in your care is in need of care and protection, it may consider making a temporary care arrangement.

A temporary arrangement can only be made if you agree.

Temporary care arrangements will last for three months and can be extended for one further three month period, if agreed.

Before entering into a temporary care arrangement, you should get legal advice.  

What is a care plan?

A care plan is a written agreement between the Department of Communities and Justice (DCJ) and you, your child, if appropriate, and any relevant family members. The care plan can set out what services DCJ agree to provide and will also include things you have agreed to do. 

The purpose of the care plan is to deal with any problems or concerns that your child or young person is at significant risk of harm.

Before agreeing to a care plan, you should get legal advice. 

What is a parent respo​​nsibility contract?

A parent responsibility contract is an agreement between you and the Department of Communities and Justice (DCJ) that aims to improve your parenting skills and encourages you to accept greater responsibility for your child.

Parental responsibility contracts are designed to keep your family living together, safely.

DCJ can ask you to enter into a contract if there are child protection concerns for your child, or you are an expectant parent and a risk of harm report has been made against you.

A parent responsibility contract must be registered with the Children's Court of NSW and takes effect only once it is registered. It will last up to a maximum of 12 months.

There may be serious consequences if you breach the contract.

Before you agree to a parent responsibility contract, you should get legal advice. 

What happens if I breach a par​​ent responsibility contract?

If you breach the terms of the parent responsibility contract, the Department of Communities and Justice (DCJ) may apply to the Children's Court of NSW for a care order and may remove your child or young person.

Before agreeing to a parent responsibility contract, or if DCJ want to remove your child or young person, you should get legal advice.  

What is JCPRP?

JCPRP stands for Joint Child Protection Response Program. JCPRP was previously known as the Joint Investigation Response Team (JIRT).

JCPRP is a team made up of the Department of Communities and Justice (DCJ), NSW Police and NSW Health professionals. It can undertake joint investigations into care and protection matters, where there may be a possibility of criminal proceedings arising out of the investigation.

If JCPRP is involved in your DCJ matter, you should get legal advice.

How does the Joint Child Protection Response Program work?

A police officer and a Department of Communities and Justice (DCJ) caseworker work together conducting interviews of your children, young people, your family and offenders to decide whether intervention is necessary to prevent harm or injury to your child or young person (this is a DCJ decision). The police may decide whether there will be any criminal proceedings as well. 

For more information, see The Joint Child Protection Response Program (JCPRP) on the DCJ website. 

If JCPRP is involved in your DCJ matter, you should get legal advice.

Can the Department of Communities and Justice remove my child or young person from my home?

The Department of Communities and Justice (DCJ) or police can remove your child or young person from your home without a warrant on an emergency basis if DCJ or the police:

• are satisfied on reasonable grounds that your child or young person is at immediate risk of serious harm and that an Apprehended Domestic Violence Order would not be enough to protect your child or young person
• suspect or have reasonable grounds to suspect that your child or young person is in need of care and protection, that they are not in the care or control of a responsible adult and your child is in a public place
• suspect or have reasonable grounds to suspect that your child or young person is in need of care and protection, and
  • is in or has recently been in a premise where there is child prostitution or the production of child abuse material, or
  • your child or young person has or is suspected to have participated in child prostitution.

DCJ can also assume the care of your child or young person who is in hospital or in another place if your child or young person is suspected to be at risk of serious harm and it is not in the best interests of your child or young person to move them somewhere else.

The Children's Court of NSW can also order the removal of your child or young person.

If your child or young person has been or may be removed from your care, you should get legal advice. 

Can I stop the Department of Communities and Justice from removing my child?

If the Department of Communities and Justice have removed, or threatened to remove, your child or young person, you should get legal advice urgently.

​What happens if the Department of Communities and Justice remove my child?

The Department of Communities and Justice (DCJ) must apply to the Children's Court of NSW within five days of removing your child or young person. You will be given a notice telling you the date and which Court will hear the case.

If DCJ want to or have just removed your child or young person, you should get legal advice urgently.

What should I do if I get a notice to​ attend the Children's Court of NSW in relation to a care and protection matter?

If you are required to attend the Children's Court of NSW in relation to a care and protection matter, you should get legal advice. 

On the day of your court case you may also be able to see the Legal Aid NSW Duty Solicitor. 

For more information about Duty Solicitors, see Help at court on the Ways to get help section of our website. 

What will happen at the fir​st hearing?

The Department of Communities and Justice must file documents explaining:

• why they have removed your child or young person, and
• what orders they are asking the Court to make.

The case will be adjourned to another date to enable assessments to be carried out and give everyone a chance to get their evidence ready. 

The Court will almost certainly make an interim care order. This is a temporary order until the next Court hearing.

What is the Winha-nga-nha List? 

The Winha-nga-nha List is a dedicated court list for Aboriginal and Torres Strait Islander families involved in care proceedings at Dubbo Children’s Court.  

It aims to better engage Aboriginal and Torres Strait Islander families in care proceedings by: 

• allowing extended family members, Aboriginal Elders, respected community members and other support people to attend court with parties  
• providing an Aboriginal Court Liaison Officer as a point of contact between families and the Court 
• providing Aboriginal staff to help families between under the court process 
• making the process less formal, and allowing more time for the parties to listen, talk and think about what is important for the children. 

For more information, see Winha-nga-nha List on the Children’s Court NSW website. 

What is parental resp​onsibility?

Parental responsibility means all the duties, powers, responsibilities and authority that parents have in relation to their children. It includes the ability to make decisions for your children, such as where they are to live, educational and medical decisions.

A Court can make an order that parental responsibility is to be given to:

• one or both parents
  
• the Department of Communities and Justice, or
  
• any other suitable person.
  

The Court can also order that parental responsibility be shared.

A Guardianship Order has the effect of giving the guardian parental responsibility. 

A Court can order that a particular person be responsible for making specific decisions for your child or young person, for example, decisions regarding where your child or young person lives, contact arrangements, education, medical and dental treatments, and religious and cultural upbringing.

If there are ongoing court proceedings in your matter, you should get legal advice.     

What is permanency planning?

Once your matter has been filed at Court, the Department of Communities and Justice (DCJ) must prepare a permanency plan and submit it to the Children’s Court for consideration. 

A permanency plan aims to provide a child or young person with a stable placement that offers long-term security. 

A plan must:

• set out the path to restoring a child or young person to the care of their family, or
• if there is not a realistic possibility of restoration within a reasonable period,
  • provide another suitable long-term placement for the child or young person
  • provide DCJ’s reasons for deciding that there is not a realistic possibility for restoration 
  • detail the active efforts taken by DCJ to restore the child to their family or place them with family or kin.

A permanency plan for an Aboriginal or Torres Strait Islander child must show how the plan has complied with the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles.

The Children’s Court will decide whether to accept the plan prepared by DCJ, or prepare a different plan, based on the circumstances of the case and what is in the best interests of the child or young person. The Court must find that permanency planning for the child or young person has been appropriately and adequately addressed.

If there are ongoing court proceedings in your matter, you should get legal advice.     

What are the perm​anent placement principles?

The law states children should have a long term, safe, nurturing, stable and secure environment to ensure their safety and wellbeing. 

The permanent placement principles establish the preferred order for determining the best permanent home for a child or young person: 

1. restoring the child or young person to their family within a reasonable period that is not to exceed two years, unless there are exceptional circumstances that warrant a longer period 
2. placing the child or young person with a relative, kin or other suitable person in accordance with a guardianship order 
3. placing the child or young person with a suitable person who has parental responsibility for the child or young person 
4. adoption (except in the case of an Aboriginal or Torres Strait Islander child or young person, where this is considered the last option) 
5. allocating parental responsibility of the Minister (except if the child or young person is Aboriginal or Torres Strait Islander, where adoption is the last consideration). If parental responsibility is allocated to the Minister, it cannot be for longer than two years unless there are special circumstances. 

The Department of Communities and Justice must show the Court it has considered each placement option in the principles when deciding what the permanency plan will be for a child or young person.      

How does the possibility of re​storation affect the permanency plan?

Restoration to parents must be possible within a reasonable period that is not to exceed two years, unless there are exceptional circumstances that warrant a longer period.

What is a restoration plan?

A restoration plan sets out the steps that parents must take and the changes that need to occur before a child or young person can be reunited with their family.

It must cover:

• the outcomes or goals that the parents must achieve
• the services that the Department of Communities and Justice (DCJ) or the Children’s Court can arrange to help the family
• how long the parents will be required to follow the plan. This may only be an estimate, and DCJ may extend this time if the parents need more time to complete the plan.

For more information, see Restoration: bringing your child home on the Department of Communities and Justice website.

What is a Parent Capacity Order?

A Parent Capacity Order is a court order requiring you or the primary carer of your child or young person to attend a program, service or course, have therapy or other treatment. The aim of the order is to:

• help you improve your parenting skills so that you can provide a safe, nurturing home for your child, and 
• deal with identified problems that could place your child or young person at risk of significant harm. 

A Parent Capacity Order can be used to address issues relating to a child or young person’s safety and wellbeing at an early stage and prevent that child or young person entering into out of home care.  

There may be serious consequences if you breach a Parent Capacity Order. DCJ may decide that your child is at risk of significant harm and remove your child from your care.

If the Court is wanting to make a Parent Capacity Order, or if a Parenting Capacity Order has been made, you should get legal advice.  

For more information, see Parent Capacity Orders on the NSW Children’s Court website.

When can a Parent Capaci​ty Order be made?

A Parent Capacity Order can be made when there are no ongoing Court proceedings or at any time during court proceedings. Parent Capacity Orders can also be made by agreement between the Department of Communities and Justice and you or the primary care-givers for your child or young person.

A Court will make a Parent Capacity Order if it decides:

• there is an issue with you or the primary care giver’s care for your child or young person
  
• there is the potential risk of significant harm to your child or young person
  
• it is reasonable and practical to make you or the primary caregivers participate in a service, course or treatment program, and there is an appropriate service, course or program available
• it is unlikely you or the primary care givers would participate unless an order is made.

The Parent Capacity Order will finish on a particular date or may finish after a future event, which is written in the order.  

Can I apply to have a par​ent capacity order varied (changed) or revoked (cancelled)?

You or a carer can apply at any time to have a Parent Capacity Order changed (varied) or cancelled (revoked). A Court will only vary or revoke the Parent Capacity Order if there has been a significant change in circumstances since the order was made.

The Department of Communities and Justice can also apply to the Court to vary or revoke a Parent Capacity Order.

You should get legal advice about your options to vary or revoke a Parent Capacity Order.       

Can I appeal a Parent ​Capacity Order?

You can only appeal the Court's decision to make a Parent Capacity Order on a question of law. You must appeal to the District Court of NSW within 28 days of the order being made.

If you are considering appealing a Parent Capacity Order, you should get legal advice.

What is a Supervision Or​der?

A Court can make a Supervision Order placing your child or young person under the supervision of the Department of Communities and Justice (DCJ) if it is satisfied your child or young person is in need of care and protection.

During the supervision period, DCJ can inspect the premises where your child or young person lives at any time and talk to your child or young person at any time.

The Court often requests a report during or at the end of the supervision period so that it is aware of what has been achieved, whether more supervision is required, and whether any orders need to be made.

A Supervision Order must not be in place for more than 12 months.

If the Court wants to make a Supervision Order regarding your child, you should get legal advice.

What is a Prohibition Ord​er?

A Prohibition Order is an order made by the Children's Court of NSW that can prohibit any person from making parental responsibility decisions.  

If you think a Court is going to make a Prohibition Order, you should get legal advice.

What is a Guardianship Order? 

A Guardianship Order gives parental responsibility to a suitable person – usually a relative or kinship carer.

When can a Guardianship Order be made? 

A Guardianship Order can be made on an application to the Children’s Court of NSW or in care proceedings. 

Who can apply for a Guardianship Order?

A Guardianship Order can be applied for by: 

• the Department of Communities and Justice
• an organisation responsible for supervising the placement of your child or young person in out-of-home care, or 
• an authorised carer or someone who has been given all aspects of parental responsibility. 

If you want to apply for a Guardianship Order, you should get legal advice about your options. 

I want to become a guardian. Do I have to go to court in person? 

If you want to be a guardian, you should attend Court in person. If it is not possible for you to go to Court, you will need to file evidence to confirm that you understand the obligations and consequences of a Guardianship Order.   

For more information, including the type of evidence you need to file, you should get legal advice.     

How much does it cost to become a guardian? 

If you agree to become a guardian and the Department of Communities and Justice applies for the Guardianship Order, you will not be charged for the preparation of the application to the Children’s Court of NSW, and you will not be charged for any court fees.  

If you are applying to become a guardian yourself, you won't have to pay court fees. 

For more information, see Forms for care and protection cases on the Children's Court of New South Wales website. 

 If you are considering becoming a guardian, you should get legal advice about what option is best for you. 

Will I be provided with financial assistance as a guardian?

Guardians are entitled to be paid the Guardianship Allowance.

Depending on your financial position, you may also be able to claim payments through Centrelink.

I have become a guardian. What role will the Department of Communities and Justice play?

Once you become a guardian, the Department of Communities and Justice will no longer play a role. 

A Guardianship Order gives you all the responsibilities that parents have. 

If you have concerns about your situation, you should get legal advice. 

What can I do if someone has applied to be a guardian for my child?

If an application for a Guardianship Order has been made relating to your child, you are entitled to be involved in the court proceedings. Anyone applying for a Guardianship Order must make reasonable attempts to notify each parent that an application has been made.  

If an application for a Guardianship Order has been made relating to your child, you should get legal advice

I am 13 years old. Do I need to agree to my long term carer becoming my guardian?

If you are over the age of 12 years you need to agree to your carer becoming your guardian.

Before agreeing to a Guardianship Order, you should get legal advice.

How can I apply to the Court see my child after they have been removed from my care?

If you are involved in proceedings in the Children's Court of NSW, you can apply to the Court for a Contact Order to see your child.

The Court will make a decision about contact based on the individual circumstances of your matter. Before final orders are made, your contact with your child may be supervised as part of the assessment process.

Before you apply, it is important that you get legal advice about how to apply and what forms to use. If you don’t use the correct forms, the Court will not accept them.       

Who can apply for a Contact Or​​der?

You or a primary care-giver who is involved in ongoing proceedings in the Children's Court of NSW can apply for a Contact Order.

A Contact Order can also be applied for, with the permission (leave) of the Court, by:

• the Department of Communities and Justice
• your child or young person
• a person with parental responsibility for your child or young person
• a person whose parental responsibility has been removed
• any person who considers they have sufficient interest in the welfare of your child or young person.

Before you apply, it is important that you get legal advice about how to apply and what forms to use. If you don’t use the correct forms, the Court will not accept them.

When can I apply for a Cont​act Order?

You can apply for contact with your child or young person during Court proceedings.

When making final orders, the Court can order:

• that your child is to have contact with you, a parent, relative or other significant person
• how often or how many times contact should occur
• the length of time for each order
• that contact with your child be supervised, or
• that a particular person be denied any contact with your child.

If there is no realistic possibility your child or young person will be restored to your care, contact will only be ordered for a maximum of 12 months. If a Guardianship Order is made, the Court may make contact orders for a longer period (up to the duration of the Guardianship Order), if it is in the best interests of your child or young person. 

With the permission (leave) of the Court, you can also apply for another Contact Order after your first Contact Order finishes or after final orders are made.

Before you apply, it is important that you get legal advice about how to apply and what forms to use. If you don’t use the correct forms, the Court will not accept them.        

Can I still apply for contact w​ith my child after final orders are made?

If your child is in care and you are not happy with the amount of contact you are having, it is a good idea to negotiate an agreement with the Department of Communities and Justice. Legal Aid NSW can arrange an Alternative Dispute Resolution conference to do this. 

For more information, see Care and Protection Service on the My problem is about section of our website. 

If you can't reach an agreement, you can apply to vary your Contact Order. You will need permission (leave) of the Children's Court of NSW to apply for contact with your child or young person. 

Recent changes to the law have made it more difficult to ask the court to change an existing care order.

If you want to apply to change a Contact Order, it is important that you get legal advice about how to apply and what forms to use. If you don’t use the correct forms, the Court will not accept them. 

If your child or young person has been adopted, you will not be able to apply to the Children's Court of NSW for contact with your child.  

What can we do if final orders ​have been made but we all agree to change the contact arrangements?

If everyone involved in the previous court proceedings agrees to change the contact arrangements, you can all enter into a contact variation agreement. The agreement must be in writing, signed and dated by all parties and registered with the Children's Court of NSW within 28 days of the agreement being signed.

If it has been less than 12 months since the final orders were made, the agreement of your child's legal representative must also be sought.

Can I appeal a decision made in ​the Children's Court of NSW?

You can appeal a final order made in the Children's Court of NSW to the District Court of NSW within 28 days of the order being made.

You can only appeal a Parent Capacity Order to the District Court of NSW on a question of law within 28 days of the date of the order.

If the decision was made by the President of the Children’s Court of NSW, you must appeal to the Supreme Court of NSW.

You can't appeal against an interim order or an Emergency Care and Protection Order.

Before making an appeal, or if you don't agree with a decision the Children's Court of NSW has made during proceedings, you should get legal advice. 

How can I change (vary) or cancel (revoke) orders made in the Children's Court of NSW?

If you want to change (vary) or cancel (revoke) Care Orders or Guardianship Orders you will need permission (leave) from the Court to apply. If you want to change or cancel Parent Capacity Orders, you may apply at any time.

Before the Court will change or cancel an order, you must show the Court that there has been a significant change in circumstances since the final order was made and that it is in the best interests of your child. 

The Court may dismiss your application if it determines your application:

• has no prospects of success, or
  
• is frivolous, vexatious or an abuse of process. 
  

Recent changes to the law have made it more difficult to ask the Court to change an existing Care Order.

If you want to apply to change or cancel a current Care Order, you should get legal advice.

I have become the guardian of the child. Who is meant to organise visits between the child and their family? 

A guardian is responsible for organising family contact. 

It is up to the guardian to make arrangements for the contact to be supervised, if it is necessary.     

The Children's Court of NSW can't order the Department of Communities and Justice to supervise family contact. 

For more information about arranging visits, you should get legal advice. 

What payments can guardians get? 

Guardians receive an allowance that is intended to cover the cost of looking after a child. The guardianship allowance is intended to be used for daily expenses such as food, clothing, schooling, travel, recreation and general medical costs.

For more information, see Being a guardian for a child or young person on the Ways to get help section of our website. 

I have become a guardian. What role will the Department of Communities and Justice play? 

Once you become a guardian, the Department of Communities and Justice will no longer play a role.

A Guardianship Order gives you all the responsibilities that parents have for making decisions about a child or young person until they turn 18 years old. 

If you have concerns about your situation, you should get legal advice. 

I am a guardian and I want to leave NSW. What will happen to my guardian allowance? 

If you decide to move and live outside of NSW, your guardianship allowance may only continue for 12 weeks. To get any more payments you will need approval from the Department of Communities and Justice. 

For more information about guardianship allowances, see the factsheet Being a guardian for a child or young person on the Ways to get help section of our website. 

If you are thinking about leaving NSW, you should get legal advice.

What is the process t​o adopt a child in out of home care?

If you want to adopt a child who you have been caring for, you should first contact the Department of Communities and Justice (DCJ) and speak with your casewo​​​rker or your local DCJ Centre, if you do not have a caseworker.

If you are an authorised carer with an agency out of home care service, then you should speak with your case manager. You will have to apply and be assessed to be a prospective adoptive parent. 

For more information, see Infor​mation for authorised carers​ on out-of-home-care adoption​ on the DCJ website. 

You may also have to attend Out of Home Care Adoption Seminars.

For more information, see Participation in Preparation for OOHC Adoption Seminars on the DCJ website. 

Wha​t information​​ can I get about the prospective adoptive parents of my child?

​If you are a birth parent, you can ask either the Department of Communities and Justice (DCJ) or the organisation handling the potential adoption for background information regarding the prospective adoptive parents. Y​ou will be provided with background information, such as the carer's social and cultural background, religious beliefs, domestic relationship and living arrangements, before any Adoption Order will be made. You will not be provided with any information that identifies the prospective adoptive parents.   

What can I do if I don't ag​ree with my child's adoption?

You should tell the Department of Communities and Justice or the organisation handing the prospective adoption that you don't agree to the adoption. 

If the adoption application has been filed with the Supreme Court of NSW, you will be notified in writing.

You can attend Court and you can oppose the application. You will be given the opportunity to participate in the development of an adoption plan for your child.

If you don't agree to the adoption, you should get urgent legal advice.

Is a Working With Children Check required for prospective adoptive parents and other adults in the household?

To adopt a child, you may be required to provide information about you and other adult members of your household where the child will be or is living. You will be required to get a Working With Children Check (WWCC) clearance conducted by the NSW Office of the Children's Guardian (OCG). All adults living in your home must also apply for a WWCC clearance. You will not be considered as a suitable person to adopt the child until you have this clearance.

For more information, see Working With Children Check on the OCG website.

What do I do if I disagree with a decision by the Department of Communities and Justice in relation to a child in out of hom​​​e​​ care?

If you disagree with a decision made by the Department of Communities and Justice (DCJ) you could start by discussing it with your caseworker or the Enquiry, Feedback and Complaint Unit on 1800 000 164. 

For more information, see Feedback and complaints on the DCJ website. 

If you want to appeal the decision, you can ask for an internal review.

You may be able to appeal to the NSW Civil and Administrative Tribunal (NCAT) within 28 days if DCJ:

• cancels your authorisation as a carer and removes a child from your care
• decides not authorise you to become an authorised carer.

Before making an application to NCAT, you should get legal advice. 

I am an authorised carer and have been told there is a problem with my Working With Children Check. What can I do?

You should get legal advice about any issues that arise with your Working With Children Check or anyone who may live or be staying in your home.

For more information, see Working With Children Checks in the Criminal Records - Frequently Asked Questions topic. 

What is a leaving care plan?

A leaving care plan is a plan that sets out the support a young person will need once they leave out-of-home care and become independent and transition into adulthood. A leaving care plan covers:

• culture and connection
• health and wellbeing
• education
• training and employment
• living skills
• legal matters
• financial support and entitlements
• accommodation and housing.

When will I be given a leaving care plan?

A young person must be provided with a leaving care plan if they:

• leave out-of-home care at 15 years of age or older
• were under the Minister’s parental responsibility immediately before leaving care as a result of a Children’s Court order, or otherwise a protected person
• have been under the Minister’s parental responsibility for a cumulative period of at least 12 months
• have not left care as a result of an adoption or guardianship order, and
• are under 25 years of age.

Planning must begin when the young person turns 15 years old and must be completed before they leave care. The plan stays in place until they are 25 years old, and it can be changed or updated to meet their needs.

For more information, see Planning for your future and support after care on the Department of Communities and Justice website.

How can I get my personal documents and photographs?

If you were in care as a child or young person you are entitled to be given, free of charge, the original documents that are held on file for you, including your birth certificate, school reports, medical reports and personal photographs.

If you were in the care of the Department of Communities and Justice (DCJ), you should contact DCJ to get your documents.

If you were supported by a non-government organisation, you should contact that organisation.

What is a legal file audit?

A legal file audit is a review of a young person’s care files to identify any potential legal claims or entitlements that the young person might have, for example victims’ support claims or negligence claims.

A young person is entitled to a legal file audit where:

• they have been under the Minister’s parental responsibility for two years or more
• they are 15 years of age or older, or will leave care in less than three years.

A legal file audit is conducted:

• when a legal entitlement is identified
  
• when a young person turns 15 years old and before they leave care at 18 years old
• when adoption or guardianship orders are made for a young person.

For more information, see Legal audits and supporting victims of crime on the Department of Communities and Justice website.

What happens if a legal claim is identified in a legal file audit?

If a young person is found to have a legal claim, the Department of Communities and Justice (DCJ) will submit the claim on behalf of the young person or arrange for another person to do so.

If the claim is:

• for victims’ support, DCJ will submit the claim
• a civil claim, for example a personal injury claim, DCJ will instruct the Crown Solicitor’s Office to commence proceedings on behalf of the young person
• a civil claim against the state of NSW, DCJ will refer the young person to the Law Society of NSW to be provided with the details of a lawyer who will assist them to make a claim
  
• about a matter that occurred interstate, DCJ will arrange legal assistance from a lawyer who practices in that jurisdiction.

Can I get access to my care records?

If you lived in out-of-home care as a child or a young person, you can request a copy of your care records, including if you were:

• made a ward of the state
• in the care of the Secretary
• under the parental responsibility of the Minister or equivalent, including before being adopted
• living in out-of-home care, for example foster care or kinship care.

How do I get request a copy of my care records?

How you can request your care records depends on whether you were:

• supported by a non-government organisation, or
• in the care of the Department of Communities and Justice (DCJ).

If you were supported by a non-government organisation, you should contact the organisation to find out how to apply.

If you were in the care of DCJ, you need to complete a Care Leaver Records Access Application. You do not have to pay a fee.

You can get a copy of this form:

• online on the Family and Community Services website
  
• from your nearest Community Service Centre.

You will need to provide a copy of your identification documents with your application.

You can lodge your application:

• in person, at your nearest Community Service Centre
• by email, or
• by post.

To find your nearest Community Services Centre, see DCJ Community Services Centres on the DCJ website.

You can have your records sent directly to you, or to a support service or another trusted support person.

For more information, see:

• Accessing your care records on the DCJ website, and
• Leaving care information for young people on the NSW Government website.