Your rights as a birth parent

The law on child protection gives parents the right to be involved in, and have a say about, what happens to their child when in care. While your child's safety and welfare must come first, you still have the right to:

• apply to the Children’s Court to appeal the order placing your child or children in care
• be told where your child is unless Communities and Justice (DCJ) believes that this information would harm the safety, welfare and wellbeing of your child or their carer
• be given information about your child’s carer unless we believe this would harm the safety, welfare and wellbeing of your child or the safety of the carer and their family
• be informed of your child’s progress and development during their placement
• ask DCJ for services that could help your child return to your care.

Almost all major decisions about your child in care will be discussed at a case planning meeting, which you are invited to attend. Types of decisions discussed at a case planning meeting can include:

• change of your child’s school
• your child going away on camp that is for one week’s duration or more
• approval for enrolment in a private school
• your child’s wish to marry before they are 18
• consent for your child’s surgery
• deciding to remove your child from a particular foster care placement
• approval to change your child’s name
• approval for your child to enlist in the armed forces
• approval for your child to enter an apprenticeship
• your child’s carer planning to travel or move interstate
• your child’s carer applying for a passport and/or wanting to obtain a passport on behalf of your child in care
• the carer is considering making application for sole parental responsibility of your child.

Read more information about your rights in maintaining contact with your child and about mediation for contact disputes.

Children and young people also have rights while in out-of-home care.