documentearth-globe2emaillocation-pinlocationphone

A Permanent Care Order grants a person (other than a parent or the Secretary) custody and guardianship of a child. This is similar to an adoption, but it does not change the legal parentage of the child.

The court may make a Permanent Care Order if the child's parent has not had care of the child for at least 6 of the last 12 months, and it is satisfied that:

  • the parent is unable or unwilling to resume parental responsibility, or
  • it would not be in the child’s best interests for the parent to resume parental responsibility, and that
  • the person to assume parental responsibility for the child is a suitable person.

If an Aboriginal child is placed with a non-Aboriginal permanent carer, the court must be sure:

  • that there is no suitable Aboriginal permanent carer/s available
  • that the order complies with the Aboriginal Child Placement Principle
  • it receives a positive report of the proposed permanent care order from an Aboriginal agency (eg. Victorian Aboriginal Child Care Agency)
  • a cultural plan has been prepared.

Whether the proposed carer is Aboriginal or not, an accredited Aboriginal agency:

  • must conduct the assessment, or 
  • be consulted as part of the assessment, and 
  • must endorse the application in all instances.

Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices or names of deceased persons in photographs, film, audio recordings or printed material. To listen to our Acknowledgement of Country, click here.