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Referral from Children's Court - Criminal Division

1011
Follow this procedure when responding to a referral from the Criminal Division of the Children's Court;
Document ID number 1011, version 5, 30 September 2026.
Introduction

When a child charged with an offence appears in a criminal proceeding and the Court believes there is evidence of grounds for a protection application, the Court may refer to Child Protection for investigation under s.181 (protection orders) and s.182 (therapeutic treatment orders) of the Youth Justice Act (YJ Act).Child Protection is required to investigate and provide the Court with a report of the outcome of the investigation within 21 days of the referral (s.183 YJ Act).

Procedure

Intake case practitioner tasks

  • Register the referral in CRIS as an intake report, with a reporter source 'Criminal Division – Children’s Court intake – court report request' if the child is not a current post-intake client. If the referral relates to a current post-intake client, the referral should go directly to the allocated practitioner.
  • Confirm whether the child or the family is Aboriginal and/or Torres Strait Islander, Maori or from a culturally and linguistically diverse (CALD) community. For direction on how to ask, refer to Identifying Aboriginal and/or Torres Strait Islander children - for Child Protection practitioners (pdf, 68.5 KB)

Identifying Aboriginal and/or Torres Strait Islander children who are involved with Child Protection in Victoria is a practice requirement.

If the reporter (or other source) does not know if a child or sibling is Aboriginal and/or Torres Strait islander, the child’s Aboriginal and/or Torres Strait Islander status should be recorded as under assessment on the client file (CRIS) and further enquiries made later.

Where either parent identifies as Aboriginal and/or Torres Strait Islander, the child is to be recorded on CRIS as Aboriginal and/or Torres Strait Islander, irrespective of whether the other parent or carer identified the child as Aboriginal.

  • Consult your supervisor in all cases.
  • Consult with ACSASS where it is known or believed that the child is Aboriginal and/or Torres Strait Islander.
    • Victorian Aboriginal Child Care Agency (Lakidjeka) ACSASS (entire state except for the Mallee area) - (03) 9388 2488
    • Mallee District Aboriginal Services ACSASS (Mallee area only) - 0429223833 (daytime), 0427474863 (after hours)
  • Ask the team manager to transfer the case to the appropriate investigation team.

Investigation practitioner or case managing practitioner tasks

  • Register the referral as a new allegation (familial) if the referral relates to an open post-intake case.
  • Contact Youth Justice to find out:
    • if the child is known to, or is a current, Youth Justice client
    • relevant information about the child for the purpose of the investigation
    • If Youth Justice will have a role in supporting a coordinated approach to the investigation and advice to the Court.
  • Complete an investigation according to the procedure for Investigation if the child is not subject to Family Division Children’s Court proceedings.
  • Advise the family that the Court referred the matter to Child Protection.
  • If not yet known practitioners must proactively ask if each child and each parent is Aboriginal and/or Torres Strait Islander.
  • Consult the CPLO or a divisional solicitor on:
    • outcome of investigation and proposed advice to court
    • format and content of court report
    • process for submission of report and requirements for attendance.
  • Prepare the report for the Court and obtain team manager endorsement.
  • Submit the report to the Criminal Division of the Children's Court within 21 days of the referral confirming that Child Protection has enquired into the matter and that either:
    • the child is subject to a protection order, a therapeutic treatment order (TTO) or a therapeutic treatment (placement) order (TTPO), or
    • a protection application has been issued, or
    • an application for a TTO or TTPO has been made, or
    • child protection is satisfied that no protection application or application for a TTO or TTPO is required.

Section 183 of the YJ Act  requires Child Protection to provide a report to the Court. The YJ Act does not require the report to be provided to any other party.

  • Attend the Court to give evidence if required.
  • Refer to procedures for a protection application, a TTO or TTPO where an application has been endorsed by the team manager. Consult your supervisor about the next steps and provide a written report to the Criminal Division of the Children's Court on the outcome of the application including any orders made by the Family Division.
  • Consult your supervisor on next steps if no application to the Court has been made in respect of the child.
  • Complete CRIS requirements including court screen and record of activity, decisions and rationales.

Supervisor tasks

  • Provide ongoing supervision and support.

Team manager tasks

  • Endorse key decisions including:
    • substantiation decision
    • applications to a Children’s Court. 
Related procedures and resources