CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 13
Aboriginal and Torres Strait Islander Child and Young Person Placement Principles
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 13
Aboriginal and Torres Strait Islander Child and Young Person Placement Principles
(1) The general order for placement Subject to the objects in section 8 and
the principles in section 9 , an Aboriginal or
Torres Strait Islander child or young person who needs to be placed in
statutory out-of-home care is to be placed with-- (a) a member of the child 's
or young person 's extended family or kinship group, as recognised by the
Aboriginal or Torres Strait Islander community to which the child or
young person belongs, or (b) if it is not practicable for the child or
young person to be placed in accordance with paragraph (a) or it would not be
in the best interests of the child or young person to be so placed--a member
of the Aboriginal or Torres Strait Islander community to which the child or
young person belongs, or (c) if it is not practicable for the child or
young person to be placed in accordance with paragraph (a) or (b) or it would
not be in the best interests of the child or young person to be so placed--a
member of some other Aboriginal or Torres Strait Islander family residing in
the vicinity of the child 's or young person 's usual place of residence, or
(d) if it is not practicable for the child or young person to be placed in
accordance with paragraph (a), (b) or (c) or it would be detrimental to the
safety, welfare and well-being of the child or young person to be so placed--a
suitable person approved by the Secretary after consultation with-- (i)
members of the child 's or young person 's extended family or kinship group, as
recognised by the Aboriginal or Torres Strait Islander community to which the
child or young person belongs, and (ii) such Aboriginal or
Torres Strait Islander organisations as are appropriate to the child or
young person . Note : The placement principles set out in this section also
apply to the making of guardianship orders in relation to Aboriginal and
Torres Strait Islander children and young persons (see section 79A(3)(c)).
(2) Relevance of self-identification and expressed wishes of child or
young person In determining where a child or young person is to be placed,
account is to be taken of whether the child or young person identifies as an
Aboriginal or Torres Strait Islander and the expressed wishes of the child or
young person . (3) Child or young person with parents from different
Aboriginal or Torres Strait Islander communities If a child or young person
has parents from different Aboriginal or Torres Strait Islander communities,
the order for placement established by paragraphs (a), (b), (c) and (d) of
subsection (1) applies, but the choice of a member or person referred to in
those paragraphs is to be made so that the best interests of the child or
young person will be served having regard to the principles of this Act. (4)
Child or young person with one Aboriginal or Torres Strait Islander parent and
one non-Aboriginal and Torres Strait Islander parent If a child or
young person has one Aboriginal or Torres Strait Islander parent and one
non-Aboriginal and Torres Strait Islander parent , the child or young person
may be placed with the person with whom the best interests of the child or
young person will be served having regard to the principles of this Act. (5)
If a child or young person to whom subsection (4) applies-- (a) is placed with
a person who is not within an Aboriginal or Torres Strait Islander family or
community, arrangements must be made to ensure that the child or young person
has the opportunity for continuing contact with his or her Aboriginal or
Torres Strait Islander family, community and culture, or (b) is placed with a
person who is within an Aboriginal or Torres Strait Islander family or
community, arrangements must be made to ensure that the child or young person
has the opportunity for continuing contact with his or her non-Aboriginal and
Torres Strait Islander family, community and culture. (6) Placement of child
or young person in care of person who is not an Aboriginal or
Torres Strait Islander The following principles are to determine the choice of
a carer if an Aboriginal or Torres Strait Islander child or young person is
placed with a carer who is not an Aboriginal or Torres Strait Islander -- (a)
Subject to the best interests of the child or young person , a fundamental
objective is to be the reunion of the child or young person with his or her
family or Aboriginal or Torres Strait Islander community. (b) Continuing
contact must be ensured between the child or young person and his or her
Aboriginal or Torres Strait Islander family, community and culture. These
principles are subject to subsection (2). (7) Exceptions: emergency
placements and placements of short duration Subsection (1) does not apply to--
(a) an emergency placement made to protect a child or young person from
serious risk of immediate harm, or (b) a placement for a duration of less
than 2 weeks. (8) Where an emergency placement is made to protect an
Aboriginal or Torres Strait Islander child or young person from serious risk
of immediate harm, the Secretary must consult with the appropriate Aboriginal
or Torres Strait Islander community as soon as practicable after the safety of
the child or young person has been secured. Note : In the course of any
consultation under this Part, the Secretary must have regard to the right of
Aboriginal or Torres Strait Islander children and young persons and their
families to confidentiality.
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