Court may lose power over children's care

Court may lose power over children's care
CAROL NADER
February 12, 2010 .


THE Children's Court could lose its power to determine whether vulnerable children are taken into protection, and those cases could instead be decided by a new protective tribunal, under one option floated in a state government review.

The Victorian Law Reform Commission has also touted the idea of transferring the family division of the Children's Court - which currently hears child protection cases - to the Victorian Civil and Administrative Tribunal, and including people other than judicial officers in making decisions about whether a child should be taken into care.

Or, the commission says, a panel with both judicial and non-judicial people could sit within the Children's Court. Currently, orders placing children in care are made by a Children's Court magistrate.

The ideas are among a range of options released yesterday by the commission, which is conducting a state government review on the court process within the child protection system.

Attorney-General Rob Hulls last November asked the commission to conduct the review, after the Ombudsman said the court was too adversarial and not always acting in the best interests of children. The criticism was part of a scathing report on how the Department of Human Services manages child protection.

There has also long been tension between the court and child protection workers in the department.

Other options floated by the commission include:

■ A new process that focuses on resolving matters by agreement.

■ New grounds for the state to decide it needs to intervene in the care of a child, whether it should intervene earlier, the possibility of court-approved parental responsibility contracts, and changes to how these interventions are authorised by the Children's Court.

■ Creating an independent statutory commissioner who would take over some of the functions currently performed by the secretary of the Department of Human Services, and make some decisions currently made by the court, such as regarding access.

The commission is now inviting submissions from the public, which are due by April 1.

Commission chairman Professor Neil Rees said in a statement that it had observed proceedings in the court as part of its research. It would consider arrangements in other countries, particularly England and Scotland.

Melbourne University professor in child and family welfare Cathy Humphreys did not single out any option as the best one but said having an independent body with new ideas conducting this review should be welcomed.

She said in Scotland, a panel with both judicial and non-judicial people had been operating successfully for many years.

''It's something we should consider.''

http://www.theage.com.au/national/court-may-lose-power-over-childrens-care-20100212-nvfg.html