Children’s Court of NSW Resource Handbook
Home
Table of contents
Recent updates
Search for:
Care and protection matters
Table of Contents
Principles and jurisdiction
Overview
[2-1000]
Care and protection jurisdiction of the Children’s Court
[2-1020]
Culture
[2-1040]
Removal of child into care and protection
[2-1060]
Aboriginal and Torres Strait Islander principles
[2-1080]
Permanency planning
[2-1120]
Care plan template
[2-1140]
Operating a trauma-informed court
[2-1160]
Further reading
Care tree
[2-2000]
Definitions
[2-2020]
Closed court
[2-2040]
Parties
[2-2060]
Service
[2-2080]
Parties are encouraged to consult but this is not a consent jurisdiction
[2-2100]
Minute of care order
[2-2120]
Expedition and adjournments — s 94
[2-2140]
Legal test
[2-2160]
Hearings
[2-2180]
Unreasonable conduct
[2-2200]
Section 61 and s 90 applications
[2-2220]
Application under s 61 — first return date
[2-2240]
Establishment — second return date
[2-2260]
Directions in relation to the placement stage — third step
[2-2280]
Joined application — first listing
[2-2300]
Assessment order
[2-2320]
Dispute resolution conferences — Practice Note 3
[2-2340]
Hearing date sought
[2-2360]
Readiness hearing
[2-2380]
Final order — s 61 — supported by all parties and court agrees
[2-2400]
Section 90 application
[2-2420]
Guardian ad litem: s 100 — child or young person
[2-2440]
Expedition and adjournments
[2-2460]
Re-listing for non-compliance with directions
[2-2480]
Vacate a hearing date
[2-2500]
Emergency care and protection orders
[2-2520]
Children’s Court may dispense with service — s 256A
[2-2540]
Exclusion of particular persons from proceedings — s 104A
[2-2560]
Aboriginal or Torres Strait Islanders
[2-2580]
Parent capacity order — s 91B(b)
[2-2600]
Overseas travel
[2-2620]
Costs in care proceedings
[2-2640]
Transferring a child protection order
[2-2660]
Order for supervision
[2-2680]
Prohibition orders — s 90A
[2-2700]
Order for undertakings — s 73
[2-2720]
Withdrawal of care application
[2-2740]
Apprehended violence order
[2-2760]
Applications for contact orders under s 86
[2-2780]
Resources
Cross-over kids
[2-3000]
Cross-over kids: introduction
Cross-over kids: the drift of children from the child protection system into the criminal justice system
P Johnstone
Care-experienced children and the criminal justice system
A McGrath, A Gerard and E Colvin
“Crossover kids”: Offending by child protection-involved youth
S Baidawi and R Sheehan
Children’s Court of NSW: 2019
P Johnstone
[2-4000]
Care and protection and the Children’s Court of NSW
Particular aspects of the care jurisdiction
Care appeals
Conclusion
Children’s Court update 2019
P Johnstone
[2-5000]
Introduction
Updates in the care and protection jurisdiction
Conclusion
Important cases
Important cases
[3-1000]
Aboriginal and Torres Strait Islander placement principles
[3-1020]
Adoption
[3-1040]
Bias
[3-1060]
Care and protection
[3-1080]
Care plans
[3-1100]
Change in circumstances/rescission or variation of care plans
[3-1120]
Child Representatives/Independent Legal Representative (ILRs)
[3-1140]
Contact orders
[3-1160]
Convention on the Rights of the Child
[3-1180]
Costs
[3-1200]
Experts’ reports
[3-1220]
Guardian ad litem
[3-1240]
Identification of children in the media
[3-1260]
Joinder
[3-1280]
Jurisdiction
[3-1300]
Language and culture
[3-1320]
Non-accidental injury
[3-1340]
Parens patriae
[3-1360]
“Parent” definition
[3-1380]
Permanency planning
[3-1400]
Proof
[3-1420]
Realistic possibility of restoration
[3-1440]
Short-term orders
[3-1460]
Unacceptable risk
[3-1480]
Unexplained injury
Legislation
Legislation
[4-1000]
Children and Young Persons (Care and Protection) Act 1998
Children and Young Persons (Care and Protection) Regulation 2022
Children (Protection and Parental Responsibility) Act 1997
Children’s Court Act 1987
Children’s Court Regulation 2014
Children’s Court Rule 2000
Community Welfare Act 1987
Assessments
Children’s Court Clinic
[5-1000]
Children’s Court Clinic
Further references
Practice notes, guidelines and protocols
Practice Notes
[6-1000]
Practice Note 2: Initiating report and service of the relevant portion of the community services file in care proceedings
[6-1020]
Practice Note 3: Alternative dispute resolution procedures in the Children’s Court
[6-1040]
Practice Note 5: Case management in care proceedings
[6-1060]
Practice Note 6: Children’s Court Clinic assessment applications and attendance of authorised clinicians at hearings, dispute resolution conferences and external mediation conferences
[6-1080]
Practice Note 9: Joint conference of expert witnesses in care proceedings
[6-1100]
Practice Note 10: Parent capacity orders
[6-1120]
Practice Note 13: Section 38 care plans
[6-1140]
Practice Note 14: Standardised care orders
[6-1160]
Practice Note 15: Requests for the provision of services to facilitate restoration in care proceedings
[6-1180]
Practice Note 17: Designated agencies in Children’s Court care proceedings
[6-1190]
Practice Note 18: Winha-nga-nha List
Guidelines
[6-2000]
Contact guidelines
[6-2020]
NSW care circles procedure guide
[6-2040]
Guidelines for conducting a dispute resolution conference
[6-2060]
Standardised care orders
Protocols
[6-3000]
Protocol for Children’s Registrars conducing Care Call Overs
[6-3020]
Protocol for return of subpoenas for production at Parramatta Children’s Court
[6-3040]
Protocol for return of subpoenas for production at Wagga Wagga Children’s Court
Articles and other resources
Attachment goes to court
P Granqvist et al
[7-1000]
Abstract
Forensic evidence in child protection proceedings
P Johnstone
[7-2000]
Introduction
Specialist nature of the Children’s Court
Non-accidental head injury
Non-accidental head injury in care proceedings
Relevant case law
Forensic evidence in child protection proceedings
Conclusion
Expert clinical evidence in care proceedings
P Johnstone
[7-3000]
Introduction
Specialist nature of the Children’s Court role and structure of the Children’s Court
The use of expert clinical evidence
The emerging importance of advances in the understanding of brain development, particularly in the area of youth crime
Conclusion
Still unseen and ignored
J Tucci and J Mitchell
[7-4000]
Introduction
Methodology
Survey sample: critical findings
Taking action helps children
Discussion
Conclusion
Data availability statement
Ethics statement
Author contributions
Funding
Acknowledgments
Conflict of interest
Publisher’s note
Supplementary material
References
Parenting in a new environment
H Tafadzwa Mugadza, V Williams Tetteh, A Renzaho and B Stout
[7-5000]
Introduction
Pre- and post-migration experiences
Methodology
Results
Discussion
Implications
Appendix 1: Methodology
Appendix 2: Interview guide and focus group schedule
References
Recognising and addressing the needs of children and families impacted by Neonatal Abstinence Syndrome
J Oei
[7-6000]
Neonatal Abstinence Syndrome (NAS): a modern public health crisis
NAS is not the only problem facing babies exposed to prenatal drugs
Why are children with NAS and prenatal exposure at risk of lifetime harm?
Is there hope for children with NAS?
What can we do?
Conclusions
Toward access and equity: disability-informed practice in child protection — a guide to assessing parenting capacity with parents with intellectual disability
S Collings, M Spencer and P Kong
[7-7000]
Abstract