Childrens Court Rules 2016
sec.13Documents to be filed if child protection proceeding started
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sec.13 Documents to be filed if child protection proceeding started
This rule applies if a child protection proceeding is started. The litigation director must file an affidavit that exhibits the following documents— an assessment, carried out by the chief executive (child protection), of whether the child the subject of the application is in need of protection and that formed the basis for filing the application, including the outcome of that assessment; an assessment of the most recent strengths and needs of the child and the child’s parents; documents relating to the most recently completed family group meeting for the child, including a case plan if a plan was developed at the meeting; previous applications or orders made for the child under the Child Protection Act , including court assessment orders and temporary assessment orders; referral to an external agency that provides support to the child’s family, or a member of the child’s family; Queensland Health, a domestic and family violence service any independent assessment or report about the child or a parent of the child; the child’s birth certificate; any child protection history report, criminal history, domestic violence history or traffic history of a person relevant to the proceeding. However, the documents must be filed only if— the document is in the possession or control of the chief executive (child protection); and the document is relevant to the proceeding. The affidavit must be filed— at the same time as the child protection application is filed; or if it is not practicable to comply with paragraph (a) — within the period stated in a practice direction; or by a day the court directs the document is to be filed; or if subparagraphs (i) and (ii) do not apply—within 10 business days after the first appearance for the proceeding. In this rule— child protection history report , of a person, means a report made by the chief executive (child protection) of the history of the interactions between the person and the department (child protection) concerning a matter under the Child Protection Act , including details about any court appearances. department (child protection) means the department in which the Child Protection Act is administered. r 13 amd 2024 SL No. 76 s 14 (sec.13-ssec.1) This rule applies if a child protection proceeding is started. (sec.13-ssec.2) The litigation director must file an affidavit that exhibits the following documents— an assessment, carried out by the chief executive (child protection), of whether the child the subject of the application is in need of protection and that formed the basis for filing the application, including the outcome of that assessment; an assessment of the most recent strengths and needs of the child and the child’s parents; documents relating to the most recently completed family group meeting for the child, including a case plan if a plan was developed at the meeting; previous applications or orders made for the child under the Child Protection Act , including court assessment orders and temporary assessment orders; referral to an external agency that provides support to the child’s family, or a member of the child’s family; Queensland Health, a domestic and family violence service any independent assessment or report about the child or a parent of the child; the child’s birth certificate; any child protection history report, criminal history, domestic violence history or traffic history of a person relevant to the proceeding. (sec.13-ssec.3) However, the documents must be filed only if— the document is in the possession or control of the chief executive (child protection); and the document is relevant to the proceeding. (sec.13-ssec.4) The affidavit must be filed— at the same time as the child protection application is filed; or if it is not practicable to comply with paragraph (a) — within the period stated in a practice direction; or by a day the court directs the document is to be filed; or if subparagraphs (i) and (ii) do not apply—within 10 business days after the first appearance for the proceeding. (sec.13-ssec.5) In this rule— child protection history report , of a person, means a report made by the chief executive (child protection) of the history of the interactions between the person and the department (child protection) concerning a matter under the Child Protection Act , including details about any court appearances. department (child protection) means the department in which the Child Protection Act is administered.