Queensland Government
Department of Communities, Child Safety and Disability Services

Table of contents:

Adoption

TermDetails
Adoption order Adoption order means an order made under the Adoption Act 2009 by which the adoptive parents become the legal parents of the child.
Adoptive father/mother A person who has adopted someone else under the Adoption Act 2009 (PDF).
Adopted person A person who has been adopted by someone else under the Adoption Act 2009 (PDF).
Birth father/mother A person who was a parent of an adopted person before the adoption including:
  • a biological parent of the adopted person
  • a person who was a parent of an adopted person under a previous adoption.
Hague adoption A Hague adoption means an adoption order made whereby a Queensland couple adopt a child from an overseas country which has ratified or acceded to the Hague Convention.
Hague Convention Hague convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, made at the Hague on 29 May 1993. The Convention came into effect in Australia on 1 December 1998.
Identifying information Identifying information is information that identifies a party to an adoption that can be given, upon application, to an adopted person or a birth parent (or relative of an adopted person or birth parent in some circumstances) under Part 11 of the Adoption Act 2009.
Intercountry adoption Intercountry adoption means an adoption of a child under arrangements, between the Chief Executive Department of Communities and the competent authority for another country, made while the child is a resident in the other country that is effected under the Adoption Act 2009 :
  • after the child is brought to Queensland for the purpose of the adoption; or
  • under a law of the other country, after which the child is brought to Queensland.
Intercountry adoption application An intercountry adoption application means an expression of interest made by a couple to be assessed for their suitability to be adoptive parents for a child from overseas.
Intercountry adoption order An intercountry adoption order means an adoption order made in relation to a child from an overseas country that is effected under the Adoption Act 2009.
Non-Hague adoption A non-Hague adoption means an adoption order made whereby a Queensland couple adopt a child from an overseas country which has not ratified or acceded to the Hague Convention.
Non-identifying information Non-identifying information is information that does not identify a party to an adoption that can be disclosed, unless it would be an unreasonable breach of privacy to an adopted person, adoptive parent or a birth parent under section 314(6) of the Adoption Act 2009.
Queensland adoption application A Queensland adoption application is an expression of interest made by a coupleto be assessed for their suitability to be adoptive parents for a child from Queensland, other than a person's step-child.
Queensland adoption order A Queensland adoption order is an adoption order made in relation to a child in Queensland, other than a person's step-child, that is effected under the Adoption Act 2009.
Relative of an adopted person/birth parent A relative of an adopted person or a birth parent is an adopted person's, or birth parent's, spouse, parent, sibling or child.
Special needs children's adoption application As special needs children's adoption application is an application lodged by a person to be assessed for suitability to adopt a child with specific needs made under the repealed Adoption of Children Act 1964 (Act repealed 1 February 2010).
Step-parent adoption application A step-parent adoption application is an application by a person to have his or her suitability to adopt his or her step-child assessed.
A step-parent adoption order Step-parent adoption order is an adoption order made in favour of a child's step-child parent that is effected under the Adoption Act 2009.

Child protection system

TermDetails
Approved carer A person who has been approved by the Department of Communities to provide home-based care for children subject to ongoing child protection intervention.
Assessment order

A short-term order that is granted by either a magistrate or the court, under the Child Protection Act 1999 , to allow a range of activities to occur to complete an investigation and assessment, when a parent has not given consent for these actions to occur.

See also: Temporary assessment order and Court assessment order.
Care agreement A care agreement is an agreement between the department and a parent to place their child or young person in an out-of-home care placement for a short period of time.
Case plan

A written plan for meeting a child's care and protection needs.

  • It is developed in a participative process between the department, the child, their family and other people significant to the child and family.
  • It records the goal and outcomes of ongoing intervention and identifies the agreed tasks that will occur to meet the goal and outcomes.
Chief Executive Unless otherwise specified, refers to the Director-General of the Department of Communities.
Child concern reports Reports that are recorded when information relating to a child protection concern does not reach the legislative threshold for a notification. A child safety officer may respond to a child concern report by providing information and advice, making a referral to an appropriate agency, or providing information to the police or another state authority.
Child placement concern report A report that is recorded when there has been inadequate or poor quality care of a child in out-of-home care that fails to meet the Standards of Care detailed in the Child Protection Act 1999, section 122, but does not meet the threshold for a notification.
Court Assessment Order (CAO)

Authorises actions during the investigation and assessment process when consent cannot be obtained because parents have refused or are unable to consent to the process.

CAO can provide the authority to take a child into the custody of the Chief Executive, however, guardianship remains with the child's parents.

CAO are granted for a maximum of 28 days, however, the Child Protection Act 1999 allows for one extension of a further 28 days.
Custody order

An order which grants custody to the Chief Executive or to a relative of the child.

In accordance with the Child Protection Act 1999, a person who has or is granted custody of a child has the right and responsibility to attend to day-to-day matters only, including:

  • a child's daily care
  • making decisions about a child's daily care.
Directive order

An order made under the Child Protection Act 1999 directing a parent:

  • to do or refrain from doing something directly related to the child's protection
  • not to have contact (direct or indirect) with the child, or to only have contact when a stated person or a person of a stated category is present.
Distinct children The number of individual children who are the subject of specified events during the period. Children are counted once only, regardless of the number of events they may experience within a period.
Emotional harm When the child's social, emotional, cognitive, or intellectual development is impaired or seriously threatened as a direct result of persistent parental behaviour/attitude toward the child. This includes significant emotional deprivation due to persistent coldness or rejection and hostility. The child's harm may be evidenced by severe anxiety, depression, withdrawal, self-harming behaviour, or aggressive behaviour towards others.
Finalised investigation

An investigation is classified as finalised where it is completed and an assessment outcome recorded. Outcomes include:

  • substantiated
  • unsubstantiated
  • no investigation and assessment outcome.
Guardianship order

This is a Child Protection Order where guardianship of the child has been granted to a relative of the child, another person, or the Chief Executive.

In accordance with the Child Protection Act 1999, a person who has or is granted guardianship of a child has the powers, rights and responsibilities to attend to:

  • a child's daily care
  • making decisions that relate to day-to-day matters concerning the child's daily care
  • making decisions about the long-term care, welfare and development of the child in the same way a person has parental responsibility under the Family Law Act 1975.
Harm Any detrimental effect of a significant nature on the child's physical, psychological or emotional wellbeing. Harm can be caused by physical, psychological or emotional abuse or neglect, or sexual abuse or exploitation.
Indigenous Child Placement Principle

Enshrined in Section 83 of the Child Protection Act 1999 the principle requires Indigenous children and young people to be cared for within their own families and communities wherever possible.

The principle guides the department in making a decision about where an Indigenous child or young person should live if they are placed in out-of-home care. The order of priority is:

  • a member of the child or young person's family
  • a member of the child or young person's community or language group
  • another Aboriginal person or Torres Strait Islander who is familiar with the child or young person's community or language group
  • another Aboriginal or Torres Strait Islander person.

Where a child or young person cannot be placed in line with the principle, the department must work with a Recognised Entity to place the child or young person with a carer who lives close to their family, or their community or language group.
Intake Intake is the first phase of the child protection continuum, and is initiated when information or an allegation is received from a notifier about harm or risk of harm to a child, or when a request for departmental assistance is made.
Interim order

On the adjournment of a proceeding for a court assessment or child protection order the Childrens Court has the power to make an interim order.

  • An interim order made on adjournment of a court assessment order may grant temporary custody to the Chief Executive, or the child's parents will retain custody.
  • An interim child protection order made on adjournment of a child protection order will grant custody to a family member or the chief executive.
Intervention with parental agreement (IPA)

Following an assessment that it is appropriate to work on a voluntary basis with a family rather than seeking a court order, an IPA case is opened by the department.

  • During IPA, the department can institute arrangements for intensive support and monitoring to ensure that the child's safety and appropriate levels of care are met.
Investigation and assessment (I&A)

The process of investigating a notification of alleged harm or risk of harm. It involves an investigation of the alleged harm and an assessment of the child's protective and safety needs.

The outcome of an I&A may be either:

  • substantiated
  • unsubstantiated
  • no investigation and assessment outcome.
Kinship carer A person who is related to the child or a member of the child's community who is considered a close family friend, who has been approved by the department to provide family-based care for the child. Kinship carers usually have approval limited to the provision of care for children who are their relatives or with whom they have a close prior relationship.
Living away from home The provision of care outside the home to children who are in need of protection or who require a safe placement while their protection and safety needs are assessed. Living away from home refers to children in out-of-home care (foster care, approved kinship care, provisionally approved care and residential care services) and other locations such as hospitals, Queensland youth detention centres, independent living as at midnight on the reference day.
Long-term guardianship order An order made under the Child Protection Act 1999, granting long-term guardianship of the child to a suitable family member (other than a parent of the child), another suitable person nominated by the chief executive, or to the chief executive.
Mandatory notifiers

Under legislation there are groups of people and professionals who are required to report child protection concerns. These include:

  • medical practitioners
  • family court personnel and counsellors
  • employees of licensed residential facilities
  • staff of the Commission for Children and Young People and Child Guardian (CCYPCG)
  • authorised officers or employees of the Department of Communities with respect to harm involving children in residential care.
Matters of concern

Any concern raised in relation to the quality of the care provided to a child in an out-of-home care placement, where a breach of the standards of care is indicated.
Neglect When a child's basic needs of life are unmet by their parent to such an extent that a child's health and development are affected, causing harm, or likely to cause unacceptable risk of harm to a child.
Non-custodial order Child protection order where custody and guardianship of children remain with the parents. Non-custodial orders may take the form of a directive order or a supervision order.
Notification Recorded by the department when information received meets the legislative threshold that a child may be in need of protection. A notification is counted for each child involved in a report of abuse or neglect, for example where a report involves two children, this is counted as two notifications.
Ongoing intervention

Ongoing intervention by the department is required when it has been determined that a child is in need of protection.

  • When ongoing intervention is required, a case plan is developed in conjunction with the child and their family.
  • Our department may intervene through the use of a child protection order, or may work voluntarily with the family (IPA).
  • The child may also be removed from their home to ensure their safety.
Out-of-home care The provision of care outside the family home to children who are in need of protection or who require a safe placement while their protection and safety needs are assessed. Data for out-of-home care placements refers to children in foster care, kinship care, provisionally approved care and residential care services.
Physical harm When a child has suffered, or is at unacceptable risk of suffering, serious physical trauma or injury of a non-accidental nature, due to the actions of their parent(s).
Provisionally approved carer A person who has been approved by the department to care for a particular child for a defined period of time. A provisionally approved carer must have made an application to be either an approved foster or kinship carer.
Recognised Entites Aboriginal and Torres Strait Islander organisations or individuals connected with their communities, and approved and funded by the department to provide cultural and family advice in Indigenous child protection matters.
Residential care services Non-family-based accommodation and support services funded by the department to provide placement and support for children who are the subject of ongoing intervention. These residential services provide daily care and support for children from a house parent or rostered residential care workers model.
Resubstantiation Resubstantiation is measured by counting the number of children who are subject to a substantiation within a financial year who were subsequently the subject of a further substantiation within the following three or 12 months of the initial substantiation.
Sexual abuse

Any sexual activity or behaviour that is imposed on a child and results in physical or emotional harm. This includes the inducement or coercion of a child to engage in, or assist any other person to engage in, sexually explicit conduct or behaviour for the sexual gratification or profit of the person responsible.

It also includes circumstances where there is unacceptable risk that the child may be sexually abused.
Short-term custody order An order made under the Child Protection Act 1999 where custody rights and responsibilities are granted to a kinship carer or to the Chief Executive (for a period of up to two years). Guardianship rights and responsibilities in relation to the child remain with the child's parents for the duration of the custody order.
Short-term guardianship order An order made under the Child Protection Act 1999 where guardianship rights and responsibilities in relation to the child, including matters associated with the child's daily care, are granted to the Chief Executive (for a period of up to two years).
Substantiated The outcome of an investigation and assessment where it is assessed that the child or young person has experienced significant harm and/or there is unacceptable risk of harm and there is no parent able and willing to protect the child.
Substantiated — child in need of protection The outcome of an investigation and assessment where it is assessed that the child or young person is at unacceptable risk of harm and there is no parent able and willing to protect the child.
Substantiated — child not in need of protection The outcome of an investigation and assessment where it is assessed that the child or young person has experienced significant harm, but there is no unacceptable risk of harm as the child has a parent able and willing to protect them.
Supervision orders A child protection order that requires the Chief Executive to supervise the child's protection in relation to the matters stated in the order.
Temporary Assessment Order (TAO)

Authorises actions during the investigation and assessment process when parental consent cannot be obtained.

TAOs can provide the authority to take a child into the custody of the Chief Executive, however, guardianship remains with the child's parents.

TAOs can be granted for three days or less, however, they can be extended by one day.
Unsubstantiated The outcome of an investigation and assessment where it is assessed that there is no evidence that the child has experienced significant harm and there is no unacceptable risk of harm.