CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 85 Family group conferences—parties reach agreement

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 85

    (1)     This section applies if the family group conference facilitator for a family group conference about a child or young person is satisfied that the director-general and all relevant conference participants (the  parties ) have reached agreement about an issue relating to the wellbeing of the child or young person.

Note     Relevant conference participant means a participant who has parental responsibility for the child or young person (see  s 73).

    (2)     The facilitator may propose that the parties enter into a family group conference agreement detailing the agreed arrangements for the wellbeing of the child or young person.

    (3)     Before the parties enter into a family group conference agreement—

        (a)     the facilitator must—

              (i)     give the relevant conference participants an opportunity to get legal advice about the meaning and effect of the proposed family group conference agreement; and

              (ii)     if the facilitator is satisfied that the child or young person has sufficient maturity and developmental capacity to understand the proposed family group conference agreement—

    (A)     find out and consider the child's or young person's views and wishes about the proposed family group conference agreement; and

    (B)     if the proposed family group conference agreement is about a young person who is 15 years old or older—give the young person an opportunity to get legal advice about the meaning and effect of the proposed family group conference agreement; and

        (b)     for a family group conference agreement reached at a family group conference arranged under section 80 (2) (Family group conferences—criteria)—the director-general must be satisfied that the proposed family group conference agreement is in the best interests of the child or young person.