YOUTH TREATMENT ORDER FOR DRUG DEPENDENCY

Youth Treatment Orders may be made by the Court of its own motion, if there are proceedings before it involving the relevant child [s 54C]. Alternatively, if there are proceedings before the Court:

  • prosecuting a child for an offence, an application may be made by a person authorised by the Director of Public Prosecutions or the Commissioner of Police [s 54C(a)];
  • under the Children and Young People (Safety) Act 2017 (SA) or any other child protection law, an application may be made by the Chief Executive of the Department for Child Protection [s 54C(b)];

In any case, an application to make these orders may also be made to the Court by [s 54C(c)]:

  • A family member of the child;
  • The Public Advocate under the Guardianship and Administration Act 1993 (SA);
  • An officer of the Department administering the Controlled Substances Act 1984 (SA)
  • The Chief Executive responsible for assisting the Minister in the administration of the Youth Justice Administration Act 2016 (SA)
  • A medical practitioner treating the child in relation to the child’s use of drugs; or
  • Anyone else who satisfies the Court that they have a proper interest.

Before making an order in relation to a child who is in the custody or guardianship of the Chief Executive of the Department for Child Protection, the Court must ensure the Chief Executive has been given notice of the proceedings and an opportunity to make submissions [s 54D(5)].

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