CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 464 Care and protection order—criteria for making

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 464

    (1)     The Childrens Court may make a care and protection order for a child or young person if the court—

        (a)     is satisfied that the child or young person is in need of care and protection; and

        (b)     has considered the care plan prepared by the director-general for the child or young person; and

        (c)     is satisfied that—

              (i)     the provisions included in the order are necessary to ensure the care and protection of the child or young person; and

              (ii)     making the order is in the best interests of the child or young person.

    (2)     The Childrens Court must include in a care and protection order, on application or its own initiative, 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 enduring parental responsibility provision;

        (d)     an ACAT mental health provision;

        (e)     a residence provision;

        (f)     a short-term parental responsibility provision;

        (g)     a long-term parental responsibility provision;

        (h)     a specific issues provision;

              (i)     a supervision provision.

    (3)     However, the Childrens Court must not include in a care and protection order an enduring parental responsibility provision unless satisfied that the criteria mentioned in section 482 (Enduring parental responsibility provision—criteria for making) are met.

    (4)     Unless the Childrens Court orders otherwise, the director-general must give a copy of a care plan provided for a proceeding to each other party to the proceeding.

    (5)     The Childrens Court—

        (a)     must not merely accept the admission of the parties to the proceeding that the child or young person is in need of care and protection; but

        (b)     must satisfy itself that the child or young person is in need of care and protection.

Note 1     In a proceeding for a care and protection order, a fact is proved if it is proved on the balance of probabilities (see  s 711).

Note 2     The court may make an order imposing an obligation on a person only if the person agrees to it, has been given an opportunity to be heard about it or cannot be found (see  s 718).

    (6)     The Childrens Court may include a provision in a care and protection order on application by a party to the proceeding or on its own initiative.

    (7)     If the Childrens Court intends someone to make decisions about where the child or young person lives, the court must include a residence provision in the care and protection order.