The child protection system
We are here to help you understand your rights, have your say and find people who can support you.
This page explains how the child protection system works in Queensland, who is involved, and what happens if Child Safety is worried about your safety.
In this section, the word child means anyone under 18 years old.
Note: the Department of Families, Seniors, Disability Services and Child Safety (Child Safety) is the lead agency for child protection in Queensland. The Child Protection Act 1999 gives Child Safety the mandate to protect children from significant harm or risk of significant harm and whose parents are unable and unwilling to protect them.
Know your rights
Key facts to remember:
- you have rights
- the government can do certain things to keep you safe
- courts can decide how to keep you safe
- there are services which can help you to be, stay and feel safe
- you can always speak up.
Resources:
If anyone is in immediate danger, call triple zero (000). Child abuse can also be reported to PoliceLink on 131 444 or to Child Safety.
Your safety and support network
Children and young people get help and support from people in their safety and support network while they are in care to help keep them safe.
How Child Safety responds to safety concerns
If Child Safety is worried that you are not safe or not being properly cared for, they will speak with you and your family. This is called an investigation and assessment.
The law requires Child Safety to listen to your views before making decisions about you.
During this process, Child Safety will:
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ask questions about what is happening
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look at what is working well
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identify any worries
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work with your family to decide what support is needed.
When answering questions, you can:
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take your time
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ask if you do not understand something
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ask for a break
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have a support person with you, such as a trusted adult or lawyer.
By law, Child Safety must explain what is happening and tell you about your rights.
In urgent situations, Child Safety and police can move you to a safe place before telling your parents. They must tell at least one parent once you are safe, unless doing so would put you at further risk.
Keeping you safe during investigations
When Child Safety is involved, there may be written plans to support your safety and wellbeing.
When you or your family need help to make sure you’re safe and protected, you might see written plans being made. These plans tell each of the people helping you what to do, and they should be developed together with you and your family. Some of the plans you might see are:
Some plans you might see include:
- Case plan – outlines what needs to happen and how to achieve it. It is usually developed during a family group meeting.
- Support plan – created when extra help is needed for your family.
- Education support plan – supports your learning and school needs.
- Child Health Passport – keeps your health information in one place, including immunisations and specialist referrals.
- Cultural support plan – if you are Aboriginal or Torres Strait Islander, or from a specific cultural background, this plan helps you stay connected to your culture and community. An independent person can help you have your say.
- Transition to independence plan – if you are around 15 and in care, your CSO will begin planning with you for adulthood, including life skills, study, work and relationships.
If you’re unhappy with your plan, you can talk to your community visitor or child advocate. They can help you express your views.
Agreements made with families
Sometimes Child Safety and parents can agree on how to keep a child safe without going to court.
- Intervention with parental agreement (IPA) – parents agree to work with Child Safety. You may remain at home or stay somewhere else temporarily.
- Care agreements – short-term agreements for you to stay somewhere safe.
- Assessment care agreement – lasts up to 30 days while concerns are assessed.
- Child protection care agreement – can last up to six months. Child Safety may make day-to-day decisions during this time.
- Support service case – for families who need help but where protective action is not required, or for young people needing support after turning 18.
If your family and Child Safety do not agree, you may go to Childrens Court.
Going to court
If Child Safety believes you are not safe with your parents, they may apply to a court for help to protect you. The court will consider the information provided and decide what should happen.
You have the right to attend court and have your views heard. Depending on your age, you may be able to speak with a lawyer who can help you.
Some of the courts you might see are:
- Childrens Court - deals with child protection matters.
- Family Court - decides where children live and who cares for them when parents separate.
The court protects your rights and your parents' rights, and helps everyone decide what needs to happen to keep you safe. It can make Child Protection Orders that set out how you will be kept safe.
What happens at a court hearing?
At a court hearing (also called a trial), the Magistrate hears all the evidence from people involved in your care and then decides:
- whether you need protection
- what type of child protection order is appropriate
- whether a new case plan is needed
- if you are Aboriginal or Torres Strait Islander, whether your cultural needs have been properly considered
You may be asked questions at court. Everyone is there to listen to you so it is important you get across your story.
- If you do not know the answer, say so. You cannot get into trouble for not knowing an answer – it is not a test.
- If you do not understand a question, ask for it to be explained.
You have the right to be heard
You have the right to speak up, and be heard, at every stage while you’re being looked after.
If you are unhappy with a decision, you should speak to the people around you – your family, your teachers, local Elders, your Child Safety Officer, your community visitor or child advocate .
If you’re still not happy with your time in care, you can formally ask to have a decision reviewed by the Queensland Civil and Administrative Tribunal. QCAT can only review specific decisions like:
- who will you live with
- contact with your parents and family
- removing you from a carer.
- You must apply within 28 days of receiving the decision letter from Child Safety. Someone else can apply on your behalf if needed. QCAT will consider your best interests when reviewing the decision.
If you ever feel unsure, confused or worried, remember:
- You have rights.
- You have the right to be safe.
- You have the right to be heard.
- And there are people who can help you.