The Children, Youth and Families Amendment (Stability) Bill 2026 (Vic) introduces a number of reforms that reshape how Victoria’s child protection system plans cases and handles family reunification orders, seeking the best interests for children in out-of-home care. Ultimately, the amendments centre on stability, reunification and review.
Seeking Stability
Previously, the best interests principles under the Act sought permanency in arrangements for a child’s care. These recent amendments however replace this framing with a new focus on stability; specifically, continuance and stability in care, so that children are able to find enduring arrangements under proper parental responsibility. This would ensure physical, cultural and relational ties from children to carers to remain strengthened.
This is a well received amendment by many non-profit child care and legal services organisations, who have also maintained the need to move away from permanency planning, seeking to keep children in stable arrangements that could still allow for family reunification.
Notably, adoption has also been removed from the hierarchy of options for case planning reasons.
Longer Timeframes for Family Reunification Orders
Another practical change in the amendments includes an alteration to the duration of family reunification orders.
Family reunification orders are a type of court order that places a child in out of home care for a period of time, with the intention of eventually safely reuniting the child with their family. During this time period, parents are typically also required to engage with support services that will allow them
Courts previously could make orders that placed children in out of home care for up to about a year. The amendments have granted a doubling extension, capping orders to about 2 years. There is also the possibility of an additional extension to be ordered for up to 1 year in certain circumstances, granted that it is in the child’s best interests.
For minors who have already been out of home care for more than 2 years, a new provision will allow the court to make a family reunification order for a period of a year or less, provided that, again, it is in the child’s best interests.
In considering this, the courts should consider the history of how well a parent has engaged with reunification services, and any circumstances that may have stumped progress towards reunification, such as barriers to accessing support services.
Transitional provisions have also been included to address children who are already subject to existing family reunification orders. Where a child has been in out of home care for less than two years under an existing order, the court may extend the order up to the two year limit. This would only be applicable under such provisions, after which the new amendments will regularly apply from then on.
Required and Independent Review
The amendments also require the Minister for Children to commission independent reviews of the amendments on the fifth anniversary of full commencement (five years after which the Act fully comes into force). The review should look at the impact on children in need of protection, and their families, as well as proceedings, and ultimately the children protection system as a whole. This review will then be tabled before the Victorian parliament, and further amendments to improve the system will be discussed.
- Stability replaces permanency, ensuring children can maintain physical, cultural and relational ties to carers, while still making room for family reunification.
- Adoption as a planning option has been removed.
- Family reunification orders can now last up to 2 years, with a possible year extension.
- Courts can also consider parents’ barriers to accessing support services in reunification orders.
- The Minister for Children is required to commission reviews on the legislation every five years from full commencement, seeking improvements to the child protection system.
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Disclaimer
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