CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 477 Short-term parental responsibility provision—extension

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 477

    (1)     The Childrens Court may extend a short-term parental responsibility provision in a care and protection order (the extension decision ) if satisfied that extending the provision is in the best interests of the child or young person.

    (2)     However, for subsection (1) it is a rebuttable presumption that it is in the best interests of the child or young person for the child or young person to be subject to a long-term parental responsibility provision if—

        (a)     for a child who is younger than 2 years old when the extension decision is made—

              (i)     the director-general has had an aspect of daily care responsibility or long-term care responsibility for a total of at least 1 year before the extension decision is made; and

              (ii)     the child or young person has been living with a stated person under a care and protection order for a total of at least 1 year before the extension decision is made; or

        (b)     in any other case—

              (i)     the director-general has had an aspect of daily care responsibility or long-term care responsibility for—

    (A)     the 2 years immediately before the extension decision is made; or

    (B)     a total of at least 2 years in the 3 years immediately before the extension decision is made; and

              (ii)     the child or young person has been living with a stated person under a care and protection order for—

    (A)     the 2 years immediately before the extension decision is made; or

    (B)     a total of at least 2 years in the 3 years immediately before the extension decision is made.

    (3)     To rebut the presumption, a person who is a parent of the child or young person, or someone else who has had parental responsibility for the child or young person during the term of the order, must satisfy the Childrens Court that—

        (a)     the person is likely to be able to resume care of the child or young person during the period of extension; and

        (b)     it is in the best interests of the child or young person for the person to resume care of the child or young person during the period of extension.

    (4)     In subsection (2):

"stated person" means—

        (a)     the carer under the care and protection order; or

        (b)     one parent to the exclusion of another parent; or

        (c)     a family member who is not a parent.

Note 1     A short-term parental responsibility provision may be extended, amended or revoked under pt 14.5.

Note 2     If an application has been made to the Childrens Court for a care and protection order and the application is adjourned, any parental responsibility provision that is in force at the time of the adjournment may be extended until the end of the adjournment or revoked (see  s 431).