sec.62Duration of child protection orders

### sec.62 Duration of child protection orders A child protection order for a child must state the time when it ends. The stated time for an order that does not grant custody or guardianship of the child must not be more than 1 year after the day it is made. If no previous child protection order has been made for the child and the order grants custody or short-term guardianship of the child, the stated time for the order must not be more than 2 years after the day it is made. If a previous child protection order has been made for the child and the order grants custody or short-term guardianship of the child, the stated time for the order must not be— if, immediately before the making of the order, the child has been in continuous care since the making of the earliest child protection order for the child—later than 2 years after the day the earliest order was made; or The court makes an order granting custody of a child to the chief executive. A previous child protection order granting custody of the child to the chief executive was in effect for 1 year. Since the making of the previous order, the child has been in care, including under interim orders, for a continuous period of 18 months. The stated time for the new order must not be more than 2 years after the previous child protection order was made. As a result, the maximum duration of the new order is 6 months. otherwise—later than 2 years after the day the earliest child protection order for the child made during the relevant continuous care period was made. The court makes an order granting custody of a child to the chief executive and there have been previous orders granting custody of the child to the chief executive. The first order was in effect for 1 year, after which the child was returned to the care of the child’s parents for 1 year. Then another order was made granting custody of the child to the chief executive for 12 months. Since the making of the second order, the child has been in care, including under interim orders, for a continuous period of 18 months. The stated time for the new order must not be more than 2 years after the second order was made. As a result, the maximum duration of the new order is 6 months. However, despite subsection (4) , the stated time for an order to which subsection (4) would otherwise apply must not be more than 2 years after the day it is made if— it is in the best interests of the child to have a longer stated time for the order than the time provided for under subsection (4) ; and the Childrens Court considers that reunification of the child with the child’s family is reasonably achievable within the longer stated time. The stated time for an order that grants long-term guardianship of the child must be the end of the day before the child turns 18 years. The order ends at the stated time unless it is extended or earlier revoked. Regardless of subsections (1) to (7) , the order ends when the child turns 18. In this section— child protection order does not include an interim order under section 67 . relevant continuous care period means a period of continuous care that has not ended immediately before the making of the order. s 62 amd 2017 No. 44 s 34 (sec.62-ssec.1) A child protection order for a child must state the time when it ends. (sec.62-ssec.2) The stated time for an order that does not grant custody or guardianship of the child must not be more than 1 year after the day it is made. (sec.62-ssec.3) If no previous child protection order has been made for the child and the order grants custody or short-term guardianship of the child, the stated time for the order must not be more than 2 years after the day it is made. (sec.62-ssec.4) If a previous child protection order has been made for the child and the order grants custody or short-term guardianship of the child, the stated time for the order must not be— if, immediately before the making of the order, the child has been in continuous care since the making of the earliest child protection order for the child—later than 2 years after the day the earliest order was made; or The court makes an order granting custody of a child to the chief executive. A previous child protection order granting custody of the child to the chief executive was in effect for 1 year. Since the making of the previous order, the child has been in care, including under interim orders, for a continuous period of 18 months. The stated time for the new order must not be more than 2 years after the previous child protection order was made. As a result, the maximum duration of the new order is 6 months. otherwise—later than 2 years after the day the earliest child protection order for the child made during the relevant continuous care period was made. The court makes an order granting custody of a child to the chief executive and there have been previous orders granting custody of the child to the chief executive. The first order was in effect for 1 year, after which the child was returned to the care of the child’s parents for 1 year. Then another order was made granting custody of the child to the chief executive for 12 months. Since the making of the second order, the child has been in care, including under interim orders, for a continuous period of 18 months. The stated time for the new order must not be more than 2 years after the second order was made. As a result, the maximum duration of the new order is 6 months. (sec.62-ssec.5) However, despite subsection (4) , the stated time for an order to which subsection (4) would otherwise apply must not be more than 2 years after the day it is made if— it is in the best interests of the child to have a longer stated time for the order than the time provided for under subsection (4) ; and the Childrens Court considers that reunification of the child with the child’s family is reasonably achievable within the longer stated time. (sec.62-ssec.6) The stated time for an order that grants long-term guardianship of the child must be the end of the day before the child turns 18 years. (sec.62-ssec.7) The order ends at the stated time unless it is extended or earlier revoked. (sec.62-ssec.8) Regardless of subsections (1) to (7) , the order ends when the child turns 18. (sec.62-ssec.9) In this section— child protection order does not include an interim order under section 67 . relevant continuous care period means a period of continuous care that has not ended immediately before the making of the order. - (a) if, immediately before the making of the order, the child has been in continuous care since the making of the earliest child protection order for the child—later than 2 years after the day the earliest order was made; or Example— The court makes an order granting custody of a child to the chief executive. A previous child protection order granting custody of the child to the chief executive was in effect for 1 year. Since the making of the previous order, the child has been in care, including under interim orders, for a continuous period of 18 months. The stated time for the new order must not be more than 2 years after the previous child protection order was made. As a result, the maximum duration of the new order is 6 months. - (b) otherwise—later than 2 years after the day the earliest child protection order for the child made during the relevant continuous care period was made. Example— The court makes an order granting custody of a child to the chief executive and there have been previous orders granting custody of the child to the chief executive. The first order was in effect for 1 year, after which the child was returned to the care of the child’s parents for 1 year. Then another order was made granting custody of the child to the chief executive for 12 months. Since the making of the second order, the child has been in care, including under interim orders, for a continuous period of 18 months. The stated time for the new order must not be more than 2 years after the second order was made. As a result, the maximum duration of the new order is 6 months. - (a) it is in the best interests of the child to have a longer stated time for the order than the time provided for under subsection (4) ; and - (b) the Childrens Court considers that reunification of the child with the child’s family is reasonably achievable within the longer stated time.