Protection and care proceedings

Overview:

If you are worried about the safety of a child, the Department of Child Protection (DCP) can provide immediate protection and care. The Chief Executive Officer (CEO) for DCP has the authority and power to apply for a protection order for a child who has suffered, or is likely to suffer harm as a result of neglect or abuse and place them in a safe environment (Children and Community Services Act 2004). Online copies of this Act can be found here.

For more information about the DCP or to find the contact details of your nearest office, please visit the DCP website.

Types of Protection Orders

The CEO for DCP can apply for the following types of Protection Orders in relation to a child:

  • Protection Order (Supervision order)
  • Protection Order (Time limited, usually 2 years)
  • Protection Order (until child reaches 18 years)
  • Special Guardianship Order (SGO)

Protection proceedings are dealt with in the Children's Court. A Magistrate in the Children's Court will make the final decision about whether or not a child is in need of protection and whether they should be in the DCP's care.

Types of DCP Carers

Children removed from their parents care can be placed with the following types of carers:

  • General foster carers, recruited by the DCP or from non-government foster care agencies
  • Relative care, when a child is placed with a family member or extended family member
  • Residential care
  • Intensive specialised placement

For more information about foster care agencies or if you are interested in becoming a foster carer, please visit the Fostering WA website.

More Information:

  • The Children's Court of WA has informative brochures about child protection proceedings available online. These are also available in hard copy at the Children's Court.
  • Protection and care proceedings forms are available from the Children's Court website
  • Family Inclusion Network

Legal Assistance