Chapter 5: Child Protection - before 1 March 2016

This chapter commences with a discussion of the four overlapping categories of child abuse. It then discusses the various primary and secondary applications for which the Family Division has jurisdiction, the primary applications being:

• temporary assessment order applications;
• protection applications;
• irreconcilable difference applications;
• applications for permanent care orders; and
• applications for therapeutic treatment orders and therapeutic treatment (placement) orders.

The chapter goes on to discuss the decision-making principles that the Court must apply in determining these applications and the orders which the Court can make on each of the applications, the primary focus being on protection applications. The chapter continues with a discussion of Court reports, emergency care search warrants, interstate transfer of child protection orders & proceedings and the case planning responsibilities of DHHS. Several sections are devoted to the Victorian Aboriginal Child Care Agency [VACCA], its protocol with DHHS and cultural plans for Aboriginal children. The chapter concludes with a brief discussion of the parens patriae jurisdiction of superior courts.