CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 351 Helping families understand care and protection procedures

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 351

    (1)     A decision-maker making a decision under the care and protection chapters in relation to a child or young person must endeavour to ensure that the relevant people for the decision—

        (a)     understand what the decision is going to be about; and

        (b)     understand the decision-making process; and

        (c)     know that the child or young person, and people with parental responsibility for the child or young person, may take part in the decision-making process and have their views and wishes heard; and

        (d)     are informed of, and understand, the decision.

Note 1     If a child or young person is the subject of a proceeding under this Act, the director-general must give the child or young person sufficient information about the proceeding, in language and a way that the child or young person can understand, to allow the child or young person to take part fully in the proceeding (see Court Procedures Act 2004

, s 74A (Participation of children and young people in proceedings)).

Note 2     If the decision-maker is a court, the court must also endeavour to ensure that the child or young person, and any other party present at the hearing of the proceeding, understands the nature and purpose of the proceeding and any orders and knows of their appeal rights (see  Court Procedures Act 2004

, s 74B (Court must ensure children and young people etc understand proceedings)).

    (2)     The decision-maker must give the relevant people for the decision sufficient information about the decision-making process, in language and a way that they can understand, to allow the child or young person, and people with parental responsibility for the child or young person to take part fully in the decision-making process.

    (3)     In this section:

"relevant people", for a decision in relation to a child or young person, means—

        (a)     the child or young person or, if the child is represented, the representative of the child or young person; and

Note     Representation of children and young people is dealt with in the Court Procedures Act 2004

, pt 7A (Procedural provisions—proceedings involving children).

        (b)     each person with parental responsibility for the child or young person.

Note 1     A child or young person has a right to take part in a proceeding under this Act in relation to the child or young person (see  Court Procedures Act 2004

, s 74A (Participation of children and young people in proceedings)).

Note 2     A court must also take steps to ensure that the child or young person and other people understand proceedings etc (see  Court Procedures Act 2004

, s 74B (Court must ensure children and young people etc understand proceedings)).