South Australian Consolidated Acts South Australian Consolidated Acts38—Court's power to make orders
(1) If the Court
finds, on an application under this Division, that the grounds of the
application have been made out and that an order under this section should be
made in respect of the child, the Court may exercise 1 or more of the
following powers:
(a) the
Court may require a parent, guardian or other person who has the care of the
child, or the child, to enter into a written undertaking (for a specified
period not exceeding 12 months) to do any specified thing, or to refrain from
doing any specified thing and, if the Court thinks fit, require the child to
be under the supervision of the Chief Executive or some other specified person
or authority for the duration of the undertaking;
Example—
A parent, guardian or other person could, for example, be required to enter
into an undertaking to undergo treatment for drug abuse, to submit to periodic
testing for drug use and to authorise the release of information regarding
such treatment, and the results of such testing, to the Chief Executive.
(b) the
Court may grant custody of the child, for a specified period not exceeding 12
months, to one of the following persons:
(ii)
some other member of the child's family;
(iii)
the chief executive of a licensed children's residential
facility, for placement of the child in such of those facilities as that
officer from time to time thinks appropriate;
(iv)
the Minister;
(v)
any other person that the Court thinks appropriate in the
circumstances of the case;
(c) the
Court may place the child, for a specified period not exceeding
12 months, under the guardianship of the Minister or such other person or
persons (not exceeding two) as the Court thinks appropriate in the
circumstances of the case;
(d) the
Court may place the child, until the child attains 18 years of age, under the
guardianship of the Minister or such other person or persons (not exceeding
two) as the Court thinks appropriate in the circumstances of the case;
(e) the
Court may direct a party to the application to do one or more of the
following:
(i)
to cease or refrain from residing in the same premises as
the child;
(ii)
to refrain from coming within a specified distance of the
child's residence;
(iii)
to refrain from having any contact with the child except
in the presence of some other person;
(iv)
to refrain from having any contact at all with the child;
(f) the
Court may make consequential or ancillary orders—
(i)
providing for access to the child; or
(ii)
providing for the way in which a person who has custody
or guardianship of the child under an order of the Court is to deal with
matters relating to the care, protection, health, welfare or education of the
child; or
(iii)
requiring a parent, guardian or other person who has the
care of a child to undertake specified courses of instruction, or programmed
activities, in order to increase his or her capacity to care for and protect
the child; or
(iv)
dealing with any other matter.
(2) Before the Court
makes an order giving custody or guardianship of a child to a person who is
not a parent of the child, the Court must be satisfied—
(a) that
there is no parent able, willing and available to provide adequate care and
protection for the child; and
(b) that
the order is the best available solution having regard to—
(i)
the child's need for care and protection (including
emotional security); and
(ii)
the child's age, developmental needs and emotional
attachments.
(2a) If a child is to
be placed in guardianship the Court must consider the importance of settled
and stable living arrangements for the child and, as a general rule, a long
term guardianship order (ie an order under subsection (1)(d)) is to be
preferred to a series of temporary arrangements for the custody or
guardianship of the child.
(3) If the Court finds
that a child is at risk because a person other than a guardian with whom the
child resides has abused, neglected or threatened the child, the Court cannot
make an order removing the child from the guardianship or custody of the
guardians with whom the child resides unless satisfied that they knew, or
ought to have known, of the abuse, neglect or threats.
(4) If the
Chief Executive or some other specified person or authority is, by order of
the Court, to supervise a child who has entered into an undertaking, the
supervisor may exercise such powers as the Minister authorises either
generally or in relation to a particular supervisor.