Child Protection Reform Amendment Bill 2017

Introduced: 9/8/2017By: Hon S Fentiman MPStatus: PASSED with amendment

Children & Families First Nations Justice & Rights

This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill rewrites large parts of Queensland's Child Protection Act 1999 to give children in long-term out-of-home care more stability and to strengthen cultural protections for Aboriginal and Torres Strait Islander children. It introduces a new 'permanent care order' lasting until age 18, limits successive short-term orders to two years, extends support for young people leaving care up to age 25, and simplifies how agencies share information to protect children at risk.

Who it affects

Children and young people in foster or kinship care, Aboriginal and Torres Strait Islander families, birth parents, carers who may become permanent guardians, and the non-government services that support families.

Key changes

Creates a new permanent care order that gives a carer guardianship until the child turns 18, with obligations to preserve the child's identity, family relationships and cultural connections
Caps successive short-term orders at two years of continuous care unless a court finds it is in the child's best interests to extend
Requires case plans to include a permanency goal, and a backup goal if reunification with parents is the main aim
Recognises the right of Aboriginal and Torres Strait Islander people to self-determination and embeds the five-part Child Placement Principle into the Act
Lets the chief executive delegate specific child protection powers over a named Aboriginal or Torres Strait Islander child to the CEO of a suitable Indigenous organisation
Requires transition-to-independence planning from age 15 and makes help (housing, study, work, legal advice, counselling) available up to age 25
Allows funded non-government 'specialist service providers' to share information with each other and with government without consent to protect children
Clarifies that medical treatment under the Act includes vaccination of children in the chief executive's custody
Stops the media identifying children who are, or are likely to be, witnesses in sexual or violent offence proceedings (including bail and committal hearings) unless a court authorises it
Lets care-leavers access records about their time in care, including information about siblings and carers, subject to safety safeguards

How this affects you

Children & Families

•Children in foster care can get a more stable home through a new permanent care order that lasts until they turn 18Clause 33 (new s 61(g))Introduces a permanent care order granting long-term guardianship to a suitable person, other than a parent or the chief executive, nominated by the chief executive.
•Children cannot be kept moving between short-term orders for more than two years unless a court finds it is in their best interestsClauses 34-35 (ss 62, 64)Limits the stated time for short-term custody or guardianship orders so the child is not in continuous care for more than two years from the first such order.
•Young people leaving care get help with housing, study, work, legal advice and counselling up to age 25Clause 41 (new s 75)Requires the chief executive to ensure help is available from when the person turns 15 until they turn 25, including accommodation, employment, education and access to records.
•Adults who grew up in care can request their own records, including information about siblings and carersClause 71 (new s 188C)Lets the chief executive disclose information to a relevant person about themselves even when it also relates to third parties, unless disclosure would harm someone's safety or wellbeing.

First Nations

•Queensland law will formally recognise the right of Aboriginal and Torres Strait Islander people to self-determination in child protectionClause 7 (new s 5C)Inserts the principle that Aboriginal and Torres Strait Islander people have the right to self-determination and embeds the five child placement principles: prevention, partnership, placement, participation and connection.
•Families can nominate a person or organisation with cultural authority to participate in decisions about their child, instead of relying on a departmental 'recognised entity'Clause 8 (new s 6, 6AA)Replaces 'recognised entity' with 'independent Aboriginal or Torres Strait Islander entity' which can be an elder, relative, cultural advocacy group, or funded service chosen with family consent.
•The CEO of an Aboriginal or Torres Strait Islander organisation can be given powers to make child protection decisions for a specific childClause 48 (new ch 4, pt 2A; ss 148BA-148BI)Allows the chief executive to delegate functions and powers over a named Aboriginal or Torres Strait Islander child to the CEO of an appropriate Indigenous entity who holds a blue card and is accepted as suitable.
•If an Aboriginal or Torres Strait Islander child must be placed in care, the law sets a clear order of preference favouring the child's family, community and cultureClause 46 (s 83)Places the child first with family group members, then community or language group, then another Aboriginal or Torres Strait Islander person, then someone who can maintain connection to kin, country and culture.

Justice & Rights

•Children who are witnesses in sexual or violent offence cases cannot be named publicly, including during bail and committal hearings, unless a court allows itClause 74 (s 193)Extends the automatic publication ban to all proceedings for sexual or violent offences where a child is or is likely to be a witness, from the time the originating process is filed.
•Police investigating a child's death can require the department to hand over information, including the identity of the person who first reported harmClause 71 (new s 188E)Obliges the chief executive to comply with a written request from the police commissioner for information about a deceased child, with a duty to flag notifier details so police can manage any risks.
•Only the government's child protection litigation director can apply to vary or cancel a permanent care order — birth parents cannotClause 38 (new s 65AA)Restricts applications to vary or revoke a permanent care order to the litigation director, who can only act if the child has suffered or is at risk of significant harm or the guardian is significantly breaching obligations.

Bill Journey

Introduced9 Aug 2017

First Reading

Committee

Committee Report28 Sept 2017

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent10 Nov 2017

Referenced Entities

Sectors Affected

Child Protection Community Services Indigenous Affairs Courts

Classified using AGIFT/ANZSIC Australian government standards

Child Protection Reform Amendment Bill 2017

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Places

Roles & Offices

Sectors Affected

Source Documents