CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 433 Interim matters—interim care and protection orders

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 433

    (1)     The Childrens Court may, on application or on its own initiative, make an order (an interim care and protection order ) for a child or young person if—

        (a)     an application for a care and protection order for the child or young person has been made to the court but not finally decided; and

        (b)     the court believes on reasonable grounds that the child or young person is in need of care and protection or would be in need of care and protection if the interim care and protection order was not made.

    (2)     The Childrens Court must include in an interim care and protection order any of the following provisions that the Childrens Court is satisfied is in the best interests of the child or young person:

        (a)     a contact provision;

        (b)     a drug use provision;

        (c)     an ACAT mental health provision;

        (d)     a residence provision;

        (e)     a supervision provision;

        (f)     a parental responsibility provision;

        (g)     a specific issues provision.

    (3)     The length of an interim care and protection order must be stated in the order and the order must end on, or before, the day the application or cross application is decided.

    (4)     Before making an interim care and protection order for a child or young person, the Childrens Court may require the director-general to give the court a care plan for the child or young person for the period of the interim order.

Note     Care plans are dealt with in s 455.