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This is a Bill, not an Act. For current law, see the Acts databases.
Children and Young Persons (Care and
Protection) Amendment (Parental
Responsibility) Bill 2010
No , 2010
A Bill for
An Act to amend the Children and Young Persons (Care and Protection) Act 1998
to make care plans and parent responsibility contracts mandatory when dealing with
children or young persons who are in need of care and protection.
Children and Young Persons (Care and Protection) Amendment (Parental
Clause 1 Responsibility) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Children and Young Persons (Care and Protection) 3
Amendment (Parental Responsibility) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Children and Young Persons (Care and Protection) Amendment (Parental
Responsibility) Bill 2010
Amendment of Children and Young Persons (Care and Protection) Act 1998 Schedule 1
No 157
Schedule 1 Amendment of Children and Young 1
Persons (Care and Protection) Act 1998 2
No 157 3
[1] Section 34 Taking of action by Director-General 4
Omit section 34 (2) (including the note). Insert instead: 5
(2) Unless the Director-General is satisfied that the child or young 6
person is at immediate risk of serious harm, the Director-General 7
must make all reasonable efforts to develop, in consultation with 8
the parents or primary care-givers (as the case requires) of the 9
child or young person, a care plan or parent responsibility 10
contract before making any care application in respect of the 11
child or young person. 12
(3) Attendance at the first meeting arranged by the Director-General 13
for the purposes of subsection (2) is mandatory. 14
(4) Subsection (2) does not prevent the Director-General from taking 15
additional action in response to a report, such as providing, or 16
arranging for the provision of, support services for the child or 17
young person and his or her family. 18
[2] Section 38 Development and enforcement of care plans 19
Insert "or otherwise" after "resolution" in section 38 (1). 20
[3] Section 38 (1A) 21
Insert after section 38 (1): 22
(1A) A care plan may, without limiting any other provision of this Act, 23
relate to an unborn child who is the subject of a pre-natal report 24
under section 25. 25
[4] Section 38A Parent responsibility contracts 26
Insert after section 38A (1): 27
(1A) A parent responsibility contract may, without limiting any other 28
provision of this Act, be made in relation to an unborn child who 29
is the subject of a pre-natal report under section 25. 30
Page 3
Children and Young Persons (Care and Protection) Amendment (Parental
Responsibility) Bill 2010
Schedule 1 Amendment of Children and Young Persons (Care and Protection) Act 1998
No 157
[5] Section 61 Applications for care orders 1
Omit "consider a variety of alternative means to provide for the safety, welfare 2
and well-being of the child or young person" from the note at the end of the 3
section. 4
Insert instead "develop a care plan or a parent responsibility contract". 5
Page 4
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