Permanent Care Victoria: How the Permanent Care Order Works

Permanent care is one of the most misunderstood concepts in Victoria's child protection system. People searching for it are often long-term foster carers hoping to formalise their relationship with a child they've raised for years. Or they're prospective carers who've heard the term and aren't sure whether it's something you apply for or something the court decides. Or they're birth families trying to understand what a Permanent Care Order actually means for their parental rights.

The answer to each of those questions is different, and the distinction matters.

What Is a Permanent Care Order?

A Permanent Care Order (PCO) is an order made by the Family Division of the Children's Court of Victoria under the Children, Youth and Families Act 2005 (Vic) (CYFA). When granted, it transfers exclusive custody and guardianship of the child to the permanent carers.

That transfer is significant. In foster care, the DFFH Secretary holds legal guardianship of the child — the state is, in legal terms, the parent. Under a PCO, that guardianship shifts to the carers. They become the decision-makers for the child's education, medical care, religious upbringing, and travel. DFFH typically closes the child's file once a PCO is granted.

The PCO continues until the child turns 18. It doesn't expire earlier, and unlike a foster care arrangement, it cannot be unilaterally ended by DFFH deciding to change the placement.

How a PCO Differs from Foster Care and Adoption

Victoria uses three distinct mechanisms for the long-term care of children who cannot return to their birth families:

Foster care — The state retains guardianship throughout. The placement goal is usually reunification with birth parents. The carer provides day-to-day care but has no independent decision-making authority for significant matters. Agency oversight continues for the life of the placement.

Permanent Care Order (PCO) — The carers become legal guardians. DFFH involvement effectively ends. Birth family contact is usually maintained, typically at around four times per year, managed by the carers rather than an agency. The child's birth certificate is not changed (though names can be changed through Births, Deaths and Marriages separately).

Adoption — Full transfer of parental rights, with a reissued birth certificate in the adoptive parents' names. Adoption is extremely rare in Victoria for children in the care system — fewer than 15 local adoptions occur each year across the state. The CYFA explicitly positions the PCO as Victoria's primary permanency mechanism, not adoption.

The practical effect is that a PCO creates a legally stable, parent-like relationship without the technical finality (and rarity) of adoption.

Who Can Apply for a Permanent Care Order?

Applications for a PCO are made to the Children's Court. In practice, there are two main pathways:

Current carers applying after a period of foster care — Most PCOs are granted to carers who have already been caring for the child for a period of time, typically at least 12–24 months. The court will have already determined that reunification with birth parents is not possible or in the child's best interests. In this context, carers may be formally assessed and recommended for a PCO by DFFH.

Prospective carers assessed specifically for permanent care — Some people approach the system specifically intending to provide permanent care rather than general foster care. Some CSOs have dedicated permanent care programs. The assessment is similar to the foster care assessment but includes additional exploration of the applicant's commitment to long-term permanency and their approach to birth family contact.

The Children's Court makes the final determination based on the best interests of the child. DFFH's recommendation is influential but not binding — courts have both granted and refused PCOs against departmental recommendations.

The Role of Birth Family Contact

One of the most emotionally complex aspects of permanent care is that birth family contact typically continues. A PCO usually includes a contact condition, commonly around four times per year, though this varies based on the child's circumstances and the court's assessment of what's in their best interests.

Unlike foster care, where contact arrangements are managed and supervised by the CSO or DFFH, contact under a PCO is managed by the permanent carers. There's no agency worker present at contact visits unless specific safety concerns require it. This puts permanent carers in a structurally different position — they are the parents, and they manage the birth family relationship directly.

This is something to think through carefully before pursuing a PCO. Some permanent carers describe managing this as deeply rewarding — an integral part of maintaining the child's sense of identity and connection. Others find it one of the most challenging aspects of the role. The research on outcomes for children consistently supports the value of ongoing birth family connection where it's safe.

What Happens After a PCO Is Granted

Once the order is made:

• DFFH typically closes the case file
• The agency's supervision role ends
• You are the child's primary legal decision-maker for all matters until they turn 18
• The Care Allowance continues — permanent carers still receive the fortnightly care allowance at the same rates as foster carers
• The FCAV Carer Assistance Program remains available to permanent carers for counselling and advocacy support
• You can apply for Family Tax Benefit through Centrelink as a long-term carer

The transition from supported foster care (where an agency is actively involved) to the relative independence of permanent care is significant. Some carers describe the reduced oversight as liberating. Others find the withdrawal of structured support disorienting, particularly in the first year.

Post-order support from CSOs varies considerably. Some agencies maintain a light-touch support relationship with permanent care families. Others treat the order as the end of the professional relationship. Ask your agency specifically what post-PCO support looks like before the order is made.

Permanency Planning and the Shift in Victoria's Approach

Victoria has been progressively strengthening its permanency focus since the 2016 CYFA amendments. The changes introduced stricter timelines for case planning decisions — if a reunification goal hasn't progressed within the legislated timeframe, the department is required to consider permanency planning more actively.

In practice, this means more children are moving toward PCOs and long-term care arrangements than in earlier years. For carers who enter the system wanting to provide stable, long-term care, the legislative environment is moving in their direction.

The FCAV has published detailed position papers on permanent care that are worth reading if you're seriously considering this pathway. The Children's Court website also provides accessible guidance on the legal process.

Understanding the difference between foster care, permanent care, and adoption is one of the most valuable things a prospective Victorian carer can do before they start. The Victoria Foster Care Guide includes a full chapter on the permanency pathway — including what makes a strong PCO application and how to navigate birth family contact after the order is granted.

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