South Australian Consolidated Acts South Australian Consolidated Acts37—Application for care and protection order
(1) If the Minister is
of the opinion—
(a) that
a child is at risk; and
(b) that
an order under this Division should be made in respect of the child to secure
his or her care and protection,
the Minister may apply to the Youth Court for an order under this Division.
(1a) If the
Minister—
(a)
knows or suspects on reasonable grounds—
(i)
that a child is at risk as a result of drug abuse by a
parent, guardian or other person; and
(ii)
that the cause of the child being at risk is not being
adequately addressed; and
(b) is
of the opinion that the most appropriate response is an order under this
Division for one or more of the following purposes:
(i)
to ensure that the parent, guardian or other person
undergoes appropriate treatment for drug abuse;
(ii)
to ensure that the parent, guardian or other person
submits to periodic testing for drug abuse;
(iii)
to authorise or require the release of information
regarding the treatment or the results of the test to the Chief Executive,
the Minister must apply to the Youth Court for such an order.
(2) If the Minister is
of the opinion—
(a) that
proper arrangements exist for the care and protection of a child (whether
pursuant to a decision of a family care meeting or pursuant to an exercise of
administrative powers under the Family and Community Services Act 1972 as
in force immediately prior to the commencement of this Act); and
(b) that
the child would be likely to suffer significant psychological injury if the
arrangements were to be disturbed; and
(c) that
it would be in the best interests of the child for the arrangements to be the
subject of an order under this Division,
the Minister may apply to the Youth Court for an order under this Division.