A Temporary Assessment Order (TAO) is an order which can only be granted by a magistrate. This order is only heard by a magistrate and is not heard in court.

DOCS use a TAO to precure certain provision. The provisions that a TAO cover are:

*have contact with the child;
*take the child into,and/or keep the child, in the custody of the chief executive while the order is in force;
*authorise medical examination or treatment;
*direct a parent about contact with the child; and
*enter a residence or premises and search for a child.

DOCS can seek any number of provisions at one time. A TAO does not always seek cusody of the child. Custody is sought when DOCS believe that the child/ren are at immediate risk of harm.

The TAO can only go for 3 days from midnight the day it was granted. For example, if the order was granted on a Monday it will expire on Thursday at 12 midnight. A TAO can be extended but only for a period of 1 day and only if the magistrate agrees to this and only if they believe that DOCS will apply for a Court Assessment Order (CAO) or a Child Protection Order (CPO) (these will be detailed in another topic).

If DOCS wish to retain custody of a child they have to apply for and lodge either the CAO or CPO before the TAO expires. If they do not do so, then all provisions of the TAO, including custody are now void and the children must be returned.

A copy of the TAO must be given to at least one of the child's parents.

I will emphasise this statement JusticeForAll made:

A copy of the TAO MUST, I repeat MUST be given to at least one of the child's parents before the removal of the child if the Dept has introduced themselves and stated they are removing the child under a TAO.

It can also be handed to you in a paper format of either fax or order form when it has been granted...Section 30 (5)(a),(b)

The TAO does not have to be applied for at the same court district the children are being removed from and the parents do not have to be notified.

But the means for a TAO is if the parent/s could not give or have not given consent for an investigation to be able to take place so therefore alot of the TAO's mentioned in this forum where children are removed under from parents stories shows that either the Dept did not try to make contact with the parents or did not inform the parents clearly of the reason for the Department's visit.

Please also look to Section 23 - 31 Part 2 of the Child Protection Act 1999

www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf

A TAO is also applied for if DEOCS believe that the children are at immediate risk of harm and that custody is needed to ensure their safety.

Hi,
Thanks again for this information.When my child was removed being deemed ' at risk' no paper work was handed to me. Docs workers came out to my home and talked to me. That was a friday pm. Then late on the following monday pm (via australia post) I was received a ?form 5/ ?CAO (? - can't verify now as I have removed all paper work off site here to another secure environment along with all my evidence) for me to appear in court the next day. I had no idea that docs was legal thing up to then. Totally ignorant.

But because this procedure was not correctly followed what can I do now? Nothing? As it goes back to 2006 and it is finished. It did cost me $20,000 in legal fees to be represented in court by a solicitor.

Maybe I should put in another complaint on top of what I already have. What would you do JusticeforAll if you were in my shoes re: this situation?

thisisgood: If your child was removed under section 18 of the CP Act "Child at immediate risk may be taken into custody", then DOCS will not have paper work at that point in time to give to a parent. However, DOCS MUST apply for a TAO and once that TAO is granted by a magistrate they must inform you of the TAO and give you the paper work for this. You should have also been informed about their plans to apply for a CAO in relation to your child before you were given the paper work.

I'm not sure what you could do about this. Perhaps putting in a complaint about it, informing that they didn't follow the correct procedures and practices in this matter. However, because your case was in 2006, they may not follow up on this matter, not that that should stop you from putting in a complaint. You are well within your rights to do so.

I dont believe any Magistrate should have that sort of power without ALL parties present.....and there is no way they have no idea what has been going on........

I agree with you kickemout, but unfortunately they do for the department for 3 days and the accountablity lies right there for magistrates when they are allowing a child to be removed on the basis of the Department's reasons that the parent is none the wiser until an affidavit is presented with this reason among others after 3 days of deliberating and lying to get a case going for either a CAO or PSO - Protective supervision order.

Did that make sense?!

sounds to me it is all a big set up.....cmc, justice dept gov reps are all the same to me....all accountable

Hi,
Thanks Justice4All I did put in an official complaint back in November 2007. I have only received letters back at this stage from the various bodies to state that they received my complaint.
Now after some phone call follow up I find an independant investigation took place about my scenario and the report is sitting on the zonal directors desk. I am still waiting for any follow up response from all this.
I put in an offical complaint and now that the court stuff is over I am now posting it onto here for general viewing.

after four and a half years.....I havent had any word of action from them.....only silence

My goodness, how is DChS when going after children and removing them from their parents not abuse in itself? My 13 year old said this to the DChS workers as he wasn't going to leave with the police officers agreeing with my son...

It does, we are definitely not alone in this fight, we are just distanced by miles....well I am!

Hi,
Ilovemykids I am angry when I hear your story.
Same story different setting - every time.

7 cops!! wow do you possess firearms so it would take 7 cops. I bet you don't but I bet every cop had their guns stuck on their hips ready to use if needed.
Hey, imagine if some cop when they came to someone's house accidentally let their gun off and it killed the kid. I bet you the parent would somehow be blamed for it and the cop gets off scott free.
And that reminds me of a short clip that I saw (based in America) where some woman cop accidentally shot someone - because in stress situations we loose our gross motor skills and so putting the finger on a trigger is fine motor skill.
"step aside (bang) oh shit, I didn't mean that to happen"

Oh gosh yes!

It's too easy to fob a situation or event off on someone else than to own it and take responsibility.

And then every other cop present would deny being witness to what occurred. They didn't see it happen.

I agree with that, The first cop on the scene after the shooting would be the Police union cop Cameron Pope.

Gone are the days where cops were respected.....mind you theyve been bullies for long enough.....and incompetent to boot......they post all the bad uns all over the place til they get another complaint...then move them on tooo.....mmmmmmmmmm bit like the child "unsafe" dept .....hit and run thugs.....

Its what they teach them, starting at Uni, the police academe in townsville is filled with 19 yr olds, thinking they have a Iota to life.
they become fresh blood for the already corrupted cop and the cycle continues.
DOCs workers to, started out in a Uni,with no Iota to life and are quickly converted to corruption.

It starts somewhere, The teachings they learn are just as accountable.