Long Term Guardianship Order in South Australia for Kinship Carers

What Long Term Guardianship (Specified Person) Means

Long Term Guardianship (Specified Person) is a Youth Court order under section 53(1)(h) and section 89 of the Children and Young People (Safety) Act 2017 (SA). It transfers legal guardianship of a child from the Chief Executive of DCP directly to you — a named, specified person — until the child turns 18.

This is the pathway for kinship carers who have been raising a child under DCP's statutory care system and want to formalise the arrangement permanently. It gives you legal authority over the child's upbringing while ending the day-to-day involvement of DCP caseworkers in your family's life.

Who Can Apply

To apply for Long Term Guardianship (Specified Person), you must:

1. Normally be an approved carer who has cared for the child under the guardianship of the Chief Executive (DCP) for at least two years. In exceptional circumstances, the Chief Executive may determine that an application can be made sooner.
2. Demonstrate that the order is in the child's best interests
3. Show that the child's care arrangement is stable and the child is settled with you

Ask the Chief Executive to make an application to the Youth Court of South Australia. DCP assesses the request in two phases before it proceeds to court. The court considers the child's wishes (depending on age and maturity), the stability of the placement, and the ongoing needs of the child.

What Changes When the Order Is Granted

You gain: Full legal guardianship — authority to make all major decisions about the child's education, health, religion, travel and daily life without DCP approval. You are, in legal terms, the child's guardian until they turn 18.

DCP steps back: Routine casework terminates. You no longer have a DCP caseworker conducting reviews and case conferences. The ongoing oversight and reporting obligations that come with being a statutory carer under the Chief Executive's guardianship end.

Payments continue: You remain eligible for DCP Carer Support Payments, including the fortnightly base payment and any Special Needs Loadings. Post-18 support through the Supported Family-Based Care program also remains available.

Birth parents retain residual rights: The order does not terminate the birth parents' status as legal parents. They may retain rights of contact or communication as the court specifies. However, day-to-day and long-term decision-making authority rests with you.

How It Differs from a Family Court Parenting Order

A parenting order from the Federal Circuit and Family Court of Australia (FCFCOA) operates under the Family Law Act 1975 (Cth) and deals with private family disputes — typically between parents, or between a parent and a grandparent. Parenting orders allocate parental responsibility and determine who the child lives with.

Long Term Guardianship (Specified Person) is a different legal track. It operates under state child protection law, through the Youth Court, and requires an existing DCP placement. A FCFCOA parenting order does not give you access to DCP Carer Support Payments. A Youth Court guardianship order does.

If there is no DCP involvement in your situation, the parenting order through the Family Court is your route. If DCP is already involved and you have been the child's statutory carer for at least two years, Long Term Guardianship may be the better path — preserving your DCP payment entitlements while giving you independent legal authority.

Getting Legal Advice

The Legal Services Commission of SA Helpline (1300 366 424) provides free initial advice on Youth Court guardianship proceedings. If your matter proceeds, legal aid or a private solicitor experienced in child protection law can represent you in the Youth Court. CF&KC-SA (1800 732 272) provides independent advocacy for approved carers considering this step.

Is It Right for Your Family?

Long Term Guardianship brings stability and independence, but it also means losing DCP caseworker support and navigating future decisions on your own. Our SA kinship carer guide covers the full picture — the eligibility criteria, the application process, what payments continue afterwards, and the practical differences between guardianship and other legal arrangements available to SA kinship carers.

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