Care and Protection Intensive List

The Care and Protection intensive list (CPIL) is an alternative process to the usual care and protection proceedings in the Children’s Court under the Children and Young Person Act 2008. The practice direction for the CPIL can be found here. The court is a closed court. The CPIL’s paramount consideration is to make decisions in the best interests of children and young people subject to applications for care and protection.

The CPIL aims to facilitate long lasting behavioural change in participants.  The CPIL provides court supervised intensive management and therapeutic support of parents, to allow them to address their challenges with alcohol and other drugs, parenting capacity, family violence and other issues which affect their ability to parent their children safely.

This is undertaken to:

  • increase the safety and care of at-risk children and young people;
  • reduce the frequency and length of time children and young people are in out of home care;
  • increase the likelihood of restoration; and
  • improve parental/ child interactions and family bonding

This program will ensure case finalisation and permanency decisions are made by the sitting CPIL Magistrate to reduce the uncertainty of making permanent care orders, whilst ensuring the process is as least protracted as possible.

While this program is being undertaken, interim care orders will be in effect and care of the children or young people  will be in accordance with those orders.

Key Concepts

Participation in the CPIL is voluntary and by election of the participating parent. During the CPIL process parents will attend court ordered programs and will engage with support and therapeutic services to address the issues of concern.

Parents will be intensively managed by the court and supporting clinical team throughout a therapeutic program over the period of approximately 12 months. On completion or exit from the program orders will be made in the best interest of the children or young people.

Eligibility

Eligibility for participation in CPIL is based on the following criteria:

  1. the parent/s is/are committed to change and enter/s the program voluntarily;
  2. the child/ren is/are assessed by the Director General for Community Services Directorate (the DG) as in need of care and protection and:
    1. the risk of neglect or harm arises particularly because of a dependency on alcohol or other drugs, family violence or parenting capacity:
    2. the child/ren is/are in out of home care (regardless of placement- kinship, foster or residential care) or is/are at risk of removal;
  3. there is an application before the Court for long-term orders under the CYP Act in relation to the child/ren;
  4. the parent/s accept/s that there is a need for therapeutic intervention and consents to interim care or protection orders in a form approved by the Court;
  5. the parent/s consent/s to participate in the CIPL eligibility and suitability assessment processes;
  6. the parent/s with pending criminal matters before a court
    1. will be assessed on a case by case basis for suitability and may be deferred entry into the program until the criminal matters are resolved;
    2. parents currently engaged in Warrumbul, Galambany or Supreme Court Drug and Alcohol Sentencing List processes will be assessed on a case by case basis in consultation with the co-ordinator of those processes to ensure their suitability for participation and that services are appropriately co-ordinated;
  7. there are no serious plausible allegations of physical or sexual abuse by a parent;
  8. the parent/s consent to eligibility and suitability assessors accessing their mental health records as required;
  9. the parent/s has/have no mental health conditions which in the opinion of the eligibility assessor would prevent the parent/s from complying with the program obligations;

If all the above eligibility criteria above are met, a parent or their lawyer may apply for a suitability assessment.  An election for suitability assessment can be found here.

If an eligible parent is found suitable after assessments are conducted, to continue in the CPIL they will need agree to a treatment plan, known as a Family Recovery plan and give a commitment undertaking to the court to comply with the steps detailed in the plan.

The CPIL will hold frequent progress review conferences between the court and the parties to ensure that the goals of the Family Recovery plan are being met, and to ensure the needs of the children or young people are being met, and that processes continue to be in the best interests of the children or young people.

For more information please contact:

Children’s Court registry