CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 482 Enduring parental responsibility provision—criteria for making

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 482

    (1)     The Childrens Court may, on application or on its own initiative, include an enduring parental responsibility provision in a care and protection order for a child or young person if—

        (a)     no-one with parental responsibility for the child or young person (other than under a care and protection order) has had care of the child or young person for—

              (i)     the year immediately before the order is made; or

              (ii)     a total of at least 1 year in the 2 years immediately before the order is made; and

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

              (i)     the year immediately before the order is made; or

              (ii)     a total of at least 1 year in the 2 years immediately before the order is made; and

        (c)     the court is satisfied that—

              (i)     no-one with parental responsibility for the child or young person (other than under a care and protection order) (a  previous carer ) is willing or able to exercise daily care responsibility or long-term care responsibility for the child or young person; or

              (ii)     it is not in the best interests of the child or young person for a previous carer to exercise those responsibilities for the child or young person; and

        (d)     the court is satisfied that—

              (i)     it is unlikely that a previous carer of the child or young person will be willing or able to exercise daily care responsibility or long-term care responsibility for the child or young person before the child or young person is 18 years old; or

              (ii)     it is unlikely that it would be in the best interests of the child or young person for a previous carer to exercise those responsibilities for the child or young person before the child or young person is 18 years old; and

        (e)     the court is satisfied that the stated person is willing and able to exercise daily care responsibility or long-term care responsibility for the child or young person; and

        (f)     the court is satisfied that including the provision is the best way to meet the child's or young person's need for emotional security in the long-term; and

        (g)     for an Aboriginal or Torres Strait Islander child or young person—the court has given any Aboriginal or Torres Strait Islander person or organisation that has provided ongoing support services to the child or young person and their family a reasonable opportunity to provide a written report about the making of the proposed provision.

    (2)     In this section:

"stated person" means the person to whom the court proposes to transfer daily care responsibility and long-term care responsibility for the child or young person under the proposed enduring parental responsibility provision.

Note 1     An enduring parental responsibility provision may be amended or revoked under pt 14.5.

Note 2     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 3     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).