Understanding Care by Secretary Orders (CBS) in Child Protection: Processes, Implications, and Outcomes
Key Takeaways
- Care by Secretary Orders (CBS) empower the Secretary of a child protection department to temporarily assume parental responsibility for a child at serious risk of harm.
- These child protection orders stabilise a child’s living conditions while long-term arrangements such as family reunification or out-of-home care are explored.
- The CBS process involves assessment, court approval, ongoing case management, and review.
- Support services such as therapeutic foster care, counselling, and education assistance promote recovery and family restoration.
- CBS orders differ across Australian states but are always guided by child protection laws ensuring the best interests of the child.
What is a Care by Secretary Order?
A Care by Secretary Order (CBS) allows the Secretary of a child protection department to take legal responsibility for a child’s care and welfare. It’s applied when a court determines that a child cannot safely live with their parents or guardians.
CBS orders are a protective child welfare measure rather than a punishment, aimed at ensuring children’s safety, stability, and developmental needs are met.
Legal Framework Governing CBS Orders
Relevant Legislation
CBS orders are grounded in state-specific child protection laws.
In Victoria, they fall under the Children, Youth and Families Act 2005, granting authority to the Department of Families, Fairness and Housing (DFFH) to assume temporary parental responsibility.
Across Australia, legislation consistently prioritises:
- The child’s best interests
- Immediate protection from harm
- Pathways to safe, long-term care
Authority and Responsibilities of the Secretary
Under a CBS order, the Secretary (or a delegated child protection officer) assumes decision-making power over:
- The child’s living arrangements
- Education and schooling
- Medical and therapeutic care
- Family contact arrangements
The Secretary must act in the child’s best interests, balancing safety with the goal of family reunification whenever possible.
How a CBS Order is Issued
Assessment and Investigation
Before recommending a CBS order, child protection workers conduct an in-depth assessment and investigation to determine whether a child can safely remain at home.
This includes:
- Home visits and interviews with family members
- Risk assessments and safety evaluations
- Collaboration with health, education, and community agencies
If serious risk is confirmed, a CBS order is recommended to the court.
Court Proceedings
The Children’s Court reviews all evidence, including:
- Reports from child protection professionals
- The child’s own views (if age-appropriate)
- Family statements and assessments
Only when the court determines that no less intrusive option exists will a CBS order be issued.
Duration and Extensions
A CBS order typically lasts for up to two years, during which the Secretary holds full parental authority.
If reunification or permanent placement isn’t yet possible, the Department may seek an extension, supported by evidence that ongoing oversight remains necessary to safeguard the child’s welfare.
Impacts on Children and Families
Children’s Welfare and Development
CBS orders provide a stable and supportive environment for children facing neglect or abuse. Typical supports include:
- Safe living arrangements through out-of-home care
- Access to education and healthcare services
- Trauma-informed therapy and counselling
- Individual case planning to meet developmental needs
However, placement changes or uncertainty can cause emotional stress, making consistent support and monitoring essential.
Family Dynamics and Reunification
While CBS orders temporarily limit parental rights, they do not permanently remove them. The overarching goal remains safe family reunification.
Families are often provided with:
- Parenting and life-skills programs
- Counselling or rehabilitation services
- Supervised contact sessions
- Ongoing caseworker reviews
Successful reunification depends on sustained progress and demonstrated capacity to provide safe care.
Support Services Available
Counselling and Psychological Support
Children and families affected by CBS orders can access a range of trauma-informed and culturally safe services, including:
- Individual therapy for children and parents
- Family counselling and mediation
- Peer support or community group programs
- Specialist services for Aboriginal and Torres Strait Islander families
Educational and Social Services
Educational stability helps children maintain normalcy and development. Support may involve:
- Tutoring and mentoring
- Assistance with school transitions
- Social inclusion programs and extracurricular participation
Case Studies and Real-Life Examples
Successful Intervention
A nine-year-old under a CBS order in Victoria regained confidence and academic stability with help from a foster carer, school counsellor, and psychologist. After 18 months, the child was safely reunited with the mother following completion of a parenting program.
Challenges and Lessons Learned
In complex cases, children may remain in out-of-home care for extended periods. Multiple placements and limited access to consistent therapy highlight the importance of early intervention and comprehensive support planning.
Recent Developments and Reforms
Legislative Amendments
Recent reforms across Australia, including in Victoria, have sought to:
- Improve transparency and accountability in decision-making
- Reduce court delays and review timeframes
- Increase child participation in care planning
Policy Initiatives
Key national initiatives include:
- Greater investment in Aboriginal-led child protection services
- Expansion of therapeutic foster care models
- Stronger data sharing and inter-agency collaboration to monitor children’s progress
Frequently Asked Questions (FAQs)
What is a Care by Secretary Order (CBS)?
It’s a child protection order that grants the Secretary temporary parental responsibility when a child cannot safely remain at home.
How long does a CBS order last?
Generally up to two years, with possible extensions if safety concerns remain.
What happens before a CBS order is issued?
Child protection officers investigate and assess risks through interviews, home visits, and professional reports.
Can a CBS order be appealed?
Yes. Families may seek legal advice and challenge decisions through the relevant court.
What support is available under a CBS order?
Counselling, parenting support, and family reunification programs are offered to aid recovery and reintegration.
How does it affect parental rights?
Parents temporarily lose decision-making authority, though their rights are not permanently terminated.
Are CBS orders the same across all states?
No. Each state and territory operates under distinct child protection laws and policies.
How do CBS orders impact education?
Authorities prioritise educational continuity and provide tutoring or school support as needed.
Additional Considerations
- CBS vs. Permanent Care Orders: CBS orders are temporary, whereas Permanent Care Orders transfer long-term parental responsibility.
- Role of Child Protection Workers: They manage placements, coordinate services, and support family contact.
- Cultural Considerations: The Aboriginal Child Placement Principle guides culturally appropriate placements for Indigenous children.
Conclusion
Care by Secretary Orders play a vital role in safeguarding vulnerable children in Australia. By temporarily transferring parental responsibility to the state, they enable urgent protection, stability, and access to essential services.
When paired with effective family reunification efforts and therapeutic support, CBS orders can serve as a bridge toward healing and long-term safety for at-risk children.
