Can the department take my children away from me and place them with another family member or foster carer?

• If a department officer including a caseworker considers that your child is at risk of serious harm or in need of care and protection they have the power and are required by law to remove your child and place him or her in alternative care.
• There are some urgent circumstances where the department can remove your child without a court order. They then need to file an urgent application with the court so the court can hear your side of the story and make a decision about whether the department’s decision was necessary and in the best interests of your child.
• In other circumstances a caseworker from the department may try to assist you in addressing their concerns. The court does not become involved unless the department considers that circumstances have not improved enough and your child remains at risk. They can then ask the court for an order allowing them to remove your child from your care and place your child with another carer. This could be another family member or foster carer.
• If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.