CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 549 Intensive therapy order—criteria for making

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 549

The Childrens Court may, on the application of the director-general, make an intensive therapy order for a child who is at least 10 years old or young person only if satisfied that—

        (a)     if the order is not made—

              (i)     there will be a significant risk of significant harm to—

    (A)     the child or young person; or

    (B)     someone else; and

              (ii)     the risk of harm arises from the child or young person's conduct; and

        (b)     the court is satisfied that—

              (i)     less restrictive ways to prevent the child or young person from engaging in harmful conduct have been tried but the less restrictive ways have not been successful; or

              (ii)     less restrictive ways to prevent the child or young person from engaging in harmful conduct have been considered but the less restrictive ways were not appropriate; and

        (c)     there are no less restrictive ways to prevent the child or young person from engaging in harmful conduct; and

        (d)     if the order authorises the director-general to issue a confinement direction in relation to a child or young person—confinement of the child or young person may be necessary as a last resort to enable either or both of the following:

              (i)     assessment of the child or young person's behaviour and needs;

              (ii)     treatment in accordance with a therapy plan; and

        (e)     the director-general—

              (i)     if the order relates to the assessment of the child or young person's behaviour and needs—undertakes to provide the court with a therapy plan for the child or young person within the period required by the court; and

        (b)     if the order relates to the treatment of the child or young person—has provided the court with a therapy plan for the child or young person; and

        (f)     if the director general has provided a therapy plan to the court—the plan is more likely than not to reduce the likelihood of the child or young person engaging in harmful conduct in the future; and

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

Examples—less restrictive ways to prevent young person from engaging in harmful conduct—pars (b) and (c)

1     The director-general provided a child or young person's family with intensive family support services.

2     The director-general or other service provider provided a child or young person with the same services that are provided under a therapy plan but the child or young person was not confined at an intensive therapy place.

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

Note 2     The Childrens 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).