The Department for Families and Communities (DFC) is now the Department for Communities and Social Inclusion (DCSI). Families SA, including the child protection and family support functions, is now part of the new Department for Education and Child Development. Youth Justice remains with DCSI and the Department now includes Multicultural SA, Northern Connections, Office for the Southern Suburbs, Office for Volunteers, Office for Women, Office for Youth and Social Inclusion. Contact details for these offices are available on the Contacts page.

The department is currently reviewing its online information and updates are in progress. Departmental information can still be found using the search function on this site. For more information about South Australian government services please visit www.sa.gov.au.

Birth parents and the Youth Court

Last Updated Jul 2011

This information is about what happens when a case involving you and your child is taken to the Youth Court. For more information about the types of orders the Youth Court may make see the section How a child comes into care.

If your child is in care also see Parents whose children are in care.

The Youth Court of South Australia hears applications by Families SA for Investigation and Assessment Orders, and Care and Protection Orders. Families SA is represented in the Youth Court by the Crown Solicitor’s Office; the child/children are represented by the Youth Legal Service, and you are encouraged to seek your own legal advice and/or representation.

Youth Court applications

As a parent or guardian, you should have received a copy of the Families SA report in support of either Investigation and Assessment Orders, or Care and Protection Orders. You should also have received a copy of the Application for these orders, and written advice about when the next court hearing will be.

The Application and Families SA report are official documents that outline why Families SA believe further investigation and assessment of your family’s circumstances is required, and/or why your child is in need of care and protection. These documents may include both historical and recent information relevant to the child protection concerns.

Why might this happen?

Families SA only makes applications to the Youth Court for court orders when Families SA believes that a child’s safety and/or wellbeing is in jeopardy, and the child’s family and/or Families SA is unable to keep the child safe without a formal court order in place.

What should you do?

If your child is the subject of an application by Families SA for Investigation and Assessment Orders, or Care and Protection Orders, you should have received a copy of the official documents – this is called ‘being served’.

Before the court hearing you should consider seeking legal advice and/or representation. Deciding which lawyer should represent you is an important decision, and you can contact the Legal Services Commission of South Australia for telephone advice, information and referrals on 1300 366 424 (local call cost).

You may also obtain a list of lawyers with experience in Youth Court matters from the Youth Legal Service, which is located inside the Youth Court.

What is a Family Care Meeting?

Before Families SA makes an application for Care and Protection Orders, Families SA needs to make a referral for a Family Care Meeting. Family Care Meetings are facilitated by the Care and Protection Unit (which is not part of Families SA), and the purpose is to give families (including extended family members like grandparents, aunties and uncles) the opportunity to make plans that keep children safe without the need for Youth Court orders. However, whether a Family Care Meeting happens is your choice, and a Care and Protection Unit coordinator will contact you to discuss your views.

Where Families SA believes that a child is at significant risk of serious harm, and the matter is considered urgent, an Investigation and Assessment hearing, or a Care and Protection hearing may occur before a Family Care Meeting. In these circumstances, the matter is usually adjourned and the Court Order is extended to enable a Family Care Meeting to be held.