Child Protection Order Types in Queensland and the My Home Program Explained

If you are a foster carer or prospective carer in Queensland, understanding what type of child protection order a child is subject to is not just administrative background knowledge. It determines who holds legal authority over the child in your care, how often the Department will be involved in your household, what decisions you can and cannot make, and how the long-term plan for the child is likely to unfold.

The Legal Framework: The Childrens Court

Child protection orders in Queensland are made by the Childrens Court under the Child Protection Act 1999. Before a protection order is made, the Department of Child Safety, Seniors and Disability Services (DCSSDS) must have investigated a notification of harm or risk of harm and formed the view that the child cannot be safely protected without a court order.

The Department applies to the Childrens Court, which considers the application and makes an order based on the paramountcy principle: the child's safety, wellbeing, and best interests as the primary consideration in all decisions.

Types of Child Protection Orders in Queensland

Temporary Assessment Order (TAO)

A Temporary Assessment Order is issued when the Department needs time to assess a child's situation and cannot safely do so without temporarily removing the child from their home. A TAO lasts up to three days and can be extended once for a further three days. Children subject to a TAO are typically placed with emergency foster carers while the assessment is conducted.

TAOs are relatively rare as a formal order — most emergency placements in Queensland proceed without them under other provisions — but they represent the most acute entry point into the out-of-home care system.

Short-Term Order (STO)

The most common type of child protection order. A Short-Term Order places the child under the custody of the Department for up to two years. During this period:

• The Department holds legal custody and makes major decisions about the child's life
• The goal is family reunification, and the case plan will outline what the parents must do to have the child returned
• Regular contact between the child and their birth family is a standard component
• Foster carers during this period are supporting a child in transition, not providing permanency

Short-term orders can be extended by the Court if the Department's assessment is that reunification is possible but more time is needed. If reunification is assessed as not achievable within the order period, the Department will apply for a longer-term order.

Long-Term Order (LTO)

A Long-Term Order places the child under the custody of the Department until they turn 18. It is made when the Childrens Court determines that returning the child to their birth family is not safe or achievable and that the child needs stable, long-term out-of-home care.

Under an LTO, the child's case plan focuses on finding a stable long-term placement and supporting permanency. Contact with birth family continues but is typically less frequent than under an STO. Foster carers in these placements are often the eventual applicants for Long-Term Guardianship or a Permanent Care Order.

Long-Term Guardianship Order (LTG)

An LTG order transfers guardianship of the child to a suitable person — usually a foster or kinship carer — until the child turns 18. The Department retains no custodial role, though it does conduct an annual contact visit.

Long-Term Guardianship gives the guardian the authority to make day-to-day and major decisions about the child's life. The Fortnightly Carer's Allowance continues. Annual case plan reviews still occur. The order can be revoked by the Childrens Court in extraordinary circumstances.

Permanent Care Order (PCO)

The most legally autonomous form of permanency available in Queensland that falls short of adoption. Under a Permanent Care Order:

• The Department has no ongoing role unless specifically requested
• The permanent guardian holds full parenting authority
• The Carer's Allowance continues to age 18
• The child retains their birth name and legal identity

PCOs are made when the Court determines that the child's best interests require a clean, permanent legal break from the State's involvement in their care. They are intended for situations where the child and carer have a strong, established bond and where the ongoing presence of Departmental oversight is more disruptive than supportive.

The Distinction From Adoption

Adoption under the Adoption Act 2009 goes further than any protection order: it legally severs all ties between the child and their birth family and creates a new, permanent legal relationship. In Queensland, adoption of a child from foster care is rare. The system strongly prefers Permanent Care Orders because they achieve stable permanency without severing the child's legal and cultural identity.

The My Home Program

The My Home program is a Queensland Government initiative designed to increase the number of Permanent Care Orders for children in stable long-term foster care placements. It was developed in response to evidence that many long-term foster carers were hesitant to apply for PCOs because of uncertainty about what the transition from a supported fostering arrangement to full independent guardianship would mean practically.

Under the My Home program, carers who are considering applying for a Permanent Care Order can access:

• Pre-PCO planning support from their LCS to understand what the transition involves
• Financial support for legal advice and the Court application process
• Post-PCO support services to ensure the guardian has the resources they need once the Department is no longer involved
• Connection to peer networks of other permanent guardians who have navigated the same transition

The Department works with LCS providers to identify children in long-term placements who would benefit from a PCO and to support carers in making the application. Not every long-term placement will proceed to a PCO — some will remain on LTG orders, particularly where ongoing Departmental engagement is appropriate — but My Home is designed to ensure that PCOs are available as a genuine option rather than a theoretical one.

What This Means for Carers

Understanding which order a child is subject to tells you, in practical terms, how much authority you have, how involved the Department will be in your daily life, and where the system is heading with the child's care plan. A child on a short-term order is likely to leave your care within a defined timeframe. A child on an LTG order is likely to be with you until adulthood.

For carers who are committed to a child's long-term wellbeing, understanding the pathway from foster care to Long-Term Guardianship or a Permanent Care Order — and proactively engaging with your LCS and the Department about that pathway — is one of the most important things you can do.

The Queensland Foster Care Guide explains the Queensland protection order framework in plain language, including what each order means for your day-to-day role and how to navigate the permanency planning process.

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