Why is child protection services involved with my family? What is child protection law about? What is the role of child protection services?
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- Gyles Poole
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1 g n i d n a s r n e d i n c U e r P & Care u child. b a d u an nders appens y u u y h an help say in wha c e l k in b u can have a a m r f This in n and hw y i prec
2 Why is child precin services invlved wih my family? Child Precin Services becmes invlved wih yur family if hey are wrried abu yur safey r wheher yu are being lked afer prperly a hme. Child Precin Services is smeimes called he Deparmen, he Secreary, Welfare, r Child Precin. I is n yur faul if Child Precin is invlved wih yur family. Wha is child precin law abu? Child Precin law is abu wha is bes fr yu. I aims : >> make sure yu are kep safe frm harm; and >> make sure yu are prperly cared fr. Wha is he rle f child precin services? Child Precin s jb is wrk prec and care fr children and yung peple wh migh n be safe r are n being lked afer prperly a hme. Child Precin wrkers help families make changes s ha he children in he family are safe, healhy and have wha hey need.
3 Ging cur Smeimes Child Precin ges cur ask a magisrae make a precin rder (decisin). Examples f he ypes f precin rders ha a magisrae migh be asked make include: >> Assessmen rder- his ype f rder allws child precin wrkers check u yur siuain and find u hw keep yu safe. >> Care and Precin Order his ype f rder allws child precin wrkers make decisins abu wha happens in yur life and keep yu safe and wellcared fr. Yu can als ask fr anher ype f lawyer called a direc represenaive. A direc represenaive can ell he cur wha yu wan and sand up fr yur pin f view. A direc represenaive can help yu ge infrmain and can explain wha he law means fr yur siuain. T be yur lawyer, a direc represenaive will firs need be sure yu can undersand he cur prcess and he decisin yu wan have a say in. The magisrae is like a judge. Their jb is hear all he facs and decide if a precin rder is he bes way keep yu safe. The magisrae can nly make a precin rder if i is bes fr yu. Ging cur des n mean yu are in ruble. The magisrae will prbably arrange fr yu have a special lawyer called a separae represenaive during he cur case. The separae represenaive will usually alk yu and ell he magisrae wha yu wuld like happen. They will als alk her peple and ell he magisrae wha hey hink is bes fr yu. Smeimes wha yu wan and wha hey hink is bes fr yu may n be he same hing. Yu can ask yur child precin wrker, he magisrae r yur separae represenaive help yu cnac a direc represenaive r yu can call he Legal Aid Cmmissin f Tasmania n Smeimes i can ake sme ime befre he magisrae makes a decisin. If yu are n sure wha is happening, yu can ask yur child precin wrker r yur lawyer ell yu wha is happening.
4 Hw d I ge have a say? Yur views and wishes are very impran. They can be a big par f any decisin he magisrae makes abu yu. Yu dn have say anyhing if yu dn wan. Can I g Cur? There are ls f differen ways he magisrae can hear abu wha yu wuld like happen. The magisrae migh ge his infrmain frm yur child precin wrker, yur parens, an exper (like a psychlgis r dcr), yur lawyer r frm yu (if ha is wha yu wan). Children and yung peple d n have g cur. Yu can alk wih yur child precin wrker r yur lawyer abu hw yu wuld like he magisrae hear abu yur wishes. If yu d wan g cur, yu can alk abu his wih yur child precin wrker r yur lawyer. Sme quesins yu migh ask are: >> When will I g cur? Hw will I ge here? Wh else will be here? >> Will I speak wih he magisrae? Wha will my lawyer say? Wha will her peple say? Remember Yu d n have g cur unless yu wan.
5 Wha happens a cur? The magisrae ges infrmain frm ls f peple help decide wha is bes fr yu. Peple wh ge have a say include: >> Yur child precin wrker >> Yur parens >> Yur lawyer >> Yu (if yu wan ). Oher peple wh may als have a say include: >> If yu are Abriginal, an Abriginal rganisain >> An exper like a psychlgis r a dcr >> Oher impran peple in yur life like grandparens, aunies and uncles r lder brhers and sisers. Smeimes peple give infrmain he cur by affidavi. An affidavi is like a leer wrien he magisrae, where he wrier prmises i is rue. If yu g cur and yu dn undersand wha is ging n, yu can ask yur child precin wrker r lawyer explain. If yu need a break, yu can ask yur child precin wrker r lawyer arrange his. Wh will be a Cur? There are rules abu wh is allwed in he currm. If yu g cur, sme f he peple yu can expec see are: >> he magisrae (judge) >> yur parens >> child precin wrkers >> lawyers. Yu shuld ell yur child precin wrker r yur lawyer if yu d n wan see smene a cur. Wha if I dn have a lawyer? If yu dn have a lawyer and yu wuld like have ne, yu can ask yur child precin wrker r he magisrae help yu ge ne.
6 Wha des being in care mean? If Child Precin is invlved wih yur family, yu migh keep living a hme r yu migh live in care. Being in care means living away frm hme wih anher family (a fser carer r a relaive), r in a family grup hme. Children and yung peple cme in care fr ls f differen reasns. Their paren migh be sick r i migh n be safe fr hem be a hme. If yu are in care, yu can have cnac wih yur family and her peple wh maer yu if i is safe d s. This is smeimes called access. Yu d n have see anyne if yu dn wan. I is n yur faul if yu cme in care. Wha happens when I am in care? When can I g hme? Smeimes children are in care fr a very shr ime and smeimes hey are in care fr a lnger ime. I depends n wha needs happen make i safe fr hem g hme. If yu have cme in care and yu wan knw mre abu why yu cann live a hme righ nw yu can alk yur child precin wrker, yur carer, yur separae represenaive r yur lawyer find u mre infrmain. Yur child precin wrker will wrie a plan abu yu and hw yur life will be while yu are in care. This is called a case and care plan. Yur child precin wrker will alk yu, yur family and yur carer and her impran peple in yur life see wha shuld be in yur case and care plan. If yu d n have a case and care plan r yu are n sure, yu shuld alk yur child precin wrker.
7 Useful wrds Access Affidavi Spending ime wih yur parens r her peple wh are impran yu when yu are in care. Like a leer wrien he magisrae, where he wrier prmises i is rue. Care Living away frm hme wih anher family (a fser carer r a relaive) r in a family grup hme. Child Precin Child Precin s jb is wrk prec and care fr children and yung peple wh migh n be safe r are n being lked afer prperly a hme. Smeimes called he Deparmen, he Secreary, Welfare, r Child Precin. Direc Represenaive Magisrae A lawyer wh can ell he cur wha yu wan and sand up fr yur pin f view. Like a judge wh makes decisins abu he bes way keep yu safe and well cared fr. Precin Order A magisrae s decisin which allws child precin wrkers check u yur siuain (assessmen rder) r make decisins abu wha happens in yur life and keep yu safe and well-cared fr (care and precin rder). Separae Represenaive A special lawyer wh ells he cur abu yur wishes and wha hey hink is bes fr yu. Siblings Yur brhers and sisers.
8 Wh can I alk fr mre infrmain? I is nrmal fr children r yung peple feel wrried r cnfused abu a care and precin cur case. There may als be imes when hey feel unhappy abu wha is happening hem. If yu dn undersand smehing, are wrried r wan cmplain abu smehing ha is happening yu, yu shuld speak yur child precin wrker, yur lawyer r anher adul yu rus. Yu can als alk a lawyer a he Legal Aid Cmmissin by calling hem n bu if yu d, yu shuld ell hem if yu already have a lawyer. Impran Cnacs Child precin wrker Carer Separae represenaive Direc represenaive Oher persn yu rus This infrmain bkle is inended be used by r wih children r yung peple aged beween 10 and 17 years. Cpies can be dwnladed a Pars f his bkle have been adaped frm infrmain resurces develped by Legal Aid Queensland. This resurce was develped and prduced by he Cmmissiner fr Children wih he assisance f a Reference Grup cmprising represenaives frm he Office f he Direcr f Public Prsecuins, Magisraes Cur f Tasmania, Salvain Army (Tas), Legal Aid Cmmissin f Tasmania, CREATE Fundain (Tas), Anglicare (Tas) and Children and Yuh Services (Deparmen f Healh and Human Services Tas). THE LEGAL AID COMMISSION OF TASMANIA Disclaimer The infrmain cnained in his dcumen is n legal advice. Legal advice abu issues discussed shuld be bained frm a legal praciiner.
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