PART III
CARE ORDER
Division 1
Care Application
24. Care application
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(1) The Director may make a care application to the Court —
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(a) in the case of a supervision order, if the Director is satisfied that there is need for continuous supervision enforced by the supervision order;
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(b) in the case of an emergency protection order —
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(i) within twelve hours of the removal of a child under section 22,
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(ii) vesting care responsibility in a child care service —
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(A) after all possible alternative methods of assisting the child have been tried without success and the abuse or harm from which the child is suffering or is likely to suffer requires his or her removal from where he or she is living; or
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(B) if the danger to which the child is exposed is so severe as to require his or her immediate removal from where he or she is living.
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(2) A care application must —
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(a) specify the particular care order sought and the grounds on which it is sought; and
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(b) be accompanied by —
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(i) a care plan,
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(ii) an affidavit in support from the Director, and
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(iii) other supporting documents.
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(3) Before making a care application for a supervision order under subsection (1)(a), the Director shall appoint a person to perform the duties of supervisor and to offer services the Director considers appropriate.
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(4) The Director shall, in making a care application to the Court under subsection (1), furnish details to the Court of —
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(a) the support and assistance provided for the safety, welfare and well-being of the child; and
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(b) an alternative action plan to a care order that was considered, prior to the making of the care application and the reasons the alternative action plan was rejected or abandoned.
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(5) The Court shall not —
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(a) dismiss a care application in relation to a child; or
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(b) discharge a child who is under the care responsibility of the Director from that care responsibility,
by reason only that the Court is of the opinion that an appropriate alternative action plan that could have been taken in relation to the child was not considered.