Follow this procedure for reporting to the Criminal Division of the Children’s Court following a referral from the Court pursuant to section 349(2) of the Children, Youth and Families Act 2005 (CYFA).
Document ID number 1224, version 3, 29 March 2019.
Following a referral from the Criminal Division of Children’s Court, the CYFA requires child protection to report back to the Criminal Division in each of the following circumstances (where applicable):
- within 21 days upon receipt of the referral (s. 350(1) of the CYFA)
- upon determination of a protection application or an application for a therapeutic treatment order (TTO) in the Family Division of the Children’s Court (s. 351 of the CYFA);
- if a TTO has been made, the Court may request a report on the child’s progress under the TTO (s. 352A of the CYFA); and
- upon completion or revocation of the TTO (s. 353 of the CYFA).
Case practitioner tasks
- See Therapeutic treatment orders forms for letter and report templates.
- Provide a report to the Criminal Division of the Children’s Court with 21 days of the referral. In your report confirm that the referral has been investigated and advise whether:
- a protection application has been made or
- an application for a therapeutic treatment order (TTO/TTPO) has been made or
- child protection is satisfied that no protection application or no application for a TTO is required.
- Report to the Criminal Division of the Children’s Court if child protection makes a protection application or an application for a TTO/TTPO as soon as possible after the Family Division of the Children’s Court has determined that either:
- a TTO is not appropriate as child protection is satisfied that the child and family will attend treatment in a voluntary capacity
- the application/s was/were struck out or dismissed
- a protection order and/or a TTO was made and state the terms of the order
- Courts monitoring the progress of a child subject to a TTO
- Seek a report from the Sexually Abusive Behaviour Treatment service (SABTs) regarding the child’s engagement in treatment; and
- Provide to the Court the SABTs report and the Secretary’s report regarding the child’s attendance and engagement in treatment. Where issues are identified in the SABTs report regarding the child’s attendance and or engagement in therapeutic treatment provide information to the Court as to how these issues will be addressed by the Secretary.
The Court may have included a condition on the TTO for the Secretary to report to the Family Division or Criminal Divisions of the Children’s Court on the child’s progress and attendance at therapeutic treatment.
- Seek a final report from the SABTs regarding:
- the child’s attendance record
- the nature and extent of the child’s participation
- whether or not the child’s participation was to the satisfaction of the therapeutic treatment provider
- risk of recidivism (noting the rapid developmental changes during adolescences i.e.: social, physical, familial, and sexual will make the risk assessment time limited); and
- any recommendations regarding future treatment and opinion of the therapeutic treatment provider as to the effectiveness of the treatment.
- Provide the SABTs report alongside the child protection report to the Criminal Division of the Children’s Court following the completion or revocation of a TTO.
- Provide ongoing supervision and consultation.