If you are Aboriginal or Torres Strait Islander, you can ask someone who is meaningful to you or your family and who is able to talk about your culture, support you and provide information about your culture to the court. Each person in your family can have their own independent person to support them, or the same independent person can support more than one person in the family. The information the independent person shares with Child Safety, the DCPL and the court can help you connect with your family, culture and community. Based on the initial report and available evidence, court proceedings usually involve the appointment of a social worker who represents the interests of the child or children and provides temporary security for the child, helping to determine the merits of the reported case. The juvenile court is not a criminal court and cases of a criminal nature are referred to the competent criminal court. The Juvenile Court is a special child-friendly legal space that deals with the protection of children and provides an environment where a minor feels safe and able to express himself. The purpose of this court is to defend the rights and welfare of children and to care for children who have been neglected, abused or abandoned by their biological or foster families or any other natural or legal person with the responsibility to act as primary guardian. Child Safety works with the DCPL and provides them with information. Your child safety officer (CSO) should know how you feel about their decisions. Your CSO is supposed to share this information with the DCPL and the court. A mention is a brief appearance in court where the judge reviews the case and can then give instructions. A directive is a command to make sure something happens, such as having your case plan reviewed at a case plan review meeting or generating a social assessment report.
There may be a number of mentions during the hearing of the case. If a case is given a different mention date, it is called an adjournment. At a hearing (also called a trial), the judge decides whether to make a child protection order and what type of order would do the most to protect you. The judge will read the documents and listen to what the people involved in your care (such as your parents and the OSC) have to say. The Director of Child Protection Litigation (DCPL) will explain to the court why there are concerns (concerns) about your safety and well-being. They will ask the court to issue a child protection order to protect you. They will explain what they think needs to be done to take care of you and who will work on it. A court-ordered conference is a meeting held when a person disagrees with the DCPL on a child protection order. You can call this COC. All proceedings before the Magistrates Court are heard in camera – only those directly involved in the case are allowed to be present and no information identifying a juvenile accused may be published.
A Child Advocate and Legal Advisor is a lawyer from the Office of the Public Guardian (OPG) who can help you express your views and wishes to the court, child safety, DCPL and other authorities. They are independent of all other parties to the court. The Child Advocate can defend your views and wishes in court and help you participate in court proceedings by going to court with you, helping you meet with the judge in private, or expressing your views and wishes on your behalf so you don`t have to leave. The Child Advocate can also help you contact a direct representative if you want legal advice or a direct representative to represent you. You can ask your CSO, court, separate representative, or community visitor to help you contact a child advocate. If the judge refuses to release the child or minor, he adjourns the case for a maximum period of 7 days. A subpoena is an order to provide information to the court. A person can be “subpoenaed” to give information in person, but documents, such as police records, can also be “subpoenaed” so that the judge can review them before making a decision. When a judge reads “subpoena documents,” these documents are called “evidence” and are part of the evidence. The parent or guardian of a child or young person is required to appear in court if the child or young person is to appear in court. If the court has notified a parent or guardian of the proceedings against his or her child and no parent or guardian is present, it may issue an arrest warrant directing the police to bring a parent or guardian before the court.
In the case of a mention or other type of court appearance called an interlocutory hearing, the court may issue a preliminary (brief) order about your care arrangements. For example, a temporary contact order would allow your parents to spend time with you between court dates. Evidence is information that the judge will use to decide the case. Most often, the information (evidence) is written on paper and given to the court for the judge to read. Documents given to the magistrate are usually called court documents. At the hearing, lawyers will ask questions of the people involved in your care. The magistrate could also ask questions. When a person comes to court to answer questions, they are called a witness. Before the hearing begins, witnesses can sign a written document, which the judge can read, describing what the court should know about your care. This is a court document called an affidavit.
The separate representative is a lawyer that the court can appoint for you. They are independent of all other members of the court – they do not work for child safety, the DCPL or for your parents. Part of their job is to know your views and desires (if you want to have a say) and make sure the court knows what they are. The separate representative must also tell the court what they think is best for you. Sometimes what you want and what is best for you may not be the same. Cases involving minors are dealt with by a special court known as the juvenile court. Once all witnesses have been tested, each party can give a short speech on its version of the case, called statements. Observations may also be written and submitted to the magistrate for reading. Once this is over, the magistrate will make his decision. This may take some time, as the judge must consider everything he or she has read and heard in court.
A COC is held before a hearing, unless the court is concerned that someone is not safe at a meeting. There may be more than one COC while the case is being negotiated. Your parents will be asked whether or not they agree with what the DCPL says. If your parents don`t agree, they can tell the court why they think you should live with them. This means explaining why they are both “able” and “willing” to take care of you and keep you safe under their care. These are legal words that your lawyer or CSO can explain to you. If your parents have a lawyer, they will speak to the judge on their behalf. The magistrate (or judge) is responsible for the juvenile court. They have the final say and make decisions about what will happen to you. The magistrate will make a decision after reviewing all the information and letting everyone speak, including you (if you wish). The direct representative is another type of lawyer who works with children and adolescents. A direct representative can help you get information and explain what the law means for your situation.
You tell the court what you want and they will defend your point of view. To be your lawyer, a direct representative must first make sure you understand the court process and the decision you want to have a say in. You can ask your CSO, court or separate representative to help you contact a direct representative, or you can contact Legal Aid Queensland on 1300 65 11 88 for assistance. A juvenile court is a special court that deals with matters concerning children. Every magistrates` court in South Africa is a juvenile court. The Juvenile Court also deals with children in need of care and protection and decides on children who are abandoned, neglected or abused. The rights, development, well-being, care and safety of South African children and young people are governed by the Constitution and various laws. Section 23 of the Children Act 33 of 2005 allows any person with an interest in a child to apply to the Juvenile Court for an order for custody or contact with the child or children. If you are Aboriginal or Torres Strait Islander, there may be someone in your community who is called an independent entity or an independent person.
At the case management hearing, the parties receive instructions to ensure that the case is ready for trial. If a child or youth pleads not guilty to a crime, the judge adjourns the case to another date for a case management hearing. An independent chair leads the COC with the goal of getting everyone to agree on an outcome. The magistrate will then schedule the case for hearing at another time. On the day of the hearing, the legal representative of the child or young person must ensure that there is evidence to support the defence of the child or young person. Anyone can appeal to the Juvenile Court, but the following persons are required to report a case of potential child abuse, namely: The purpose of this procedure is to ensure the long-term care, well-being and development of a child by creating a lasting fili-child relationship between the child and the adoptive parents. Criminal proceedings against a child or young person for a criminal offence are initiated either by a summons to appear before the juvenile court or by a complaint from the police.