New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 38A

38A Parent responsibility contracts

(1) A "parent responsibility contract" is an agreement between the Director-General and one or more primary care-givers for a child or young person that contains provisions aimed at improving the parenting skills of the primary care-givers and encouraging them to accept greater responsibility for the child or young person.

(2) A parent responsibility contract must:

(a) be in writing, and

(b) be signed by the Director-General and each primary care-giver who is to be a party to the contract, and

(c) be in the form (if any) prescribed by the regulations, and

(d) be registered with the Children’s Court, and

(e) specify the period (not exceeding 6 months) during which the contract will be in force, commencing on the date on which the agreement is registered with the Children’s Court, and

(f) specify the circumstances in which a breach of a term of the contract by a primary care-giver will authorise the Director-General to file a contract breach notice with the Children’s Court.

(3) No more than one parent responsibility contract may be entered into within any period of 12 months between the Director-General and any of the same primary care-givers for a child or young person.

(4) Before entering into a parent responsibility contract, the Director-General must give the other proposed parties to the contract a reasonable opportunity to obtain independent advice concerning the provisions of the contract.

(5) Without limiting subsection (1), a parent responsibility contract may make provision for or with respect to any or all of the following:

(a) attendance of a primary care-giver for treatment for alcohol, drug or other substance abuse during the term of the contract,

(b) attendance of a primary care-giver for counselling,

(c) requirements relating to alcohol or drug testing that a primary care-giver must undergo during the term of the contract,

(d) permitting information about the contract (including compliance with the contract) to be shared between persons and agencies involved in the implementation of the provisions of the contract,

(e) participation in courses aimed at improving the parenting skills of the primary care-givers (including, for example, courses relating to behavioural management and financial management),

(f) monitoring of compliance with the terms of the contract.

(6) However, a parent responsibility contract may not make provision for or with respect to any of the following:

(a) the allocation of parental responsibility for a child or young person,

(b) the placement of a child or young person in out-of-home care.

Note: Care plans may make provision for the allocation of parental responsibility.

(7) Any term of a parent responsibility contract that makes provision for or with respect to a matter referred to in subsection (6) has no effect.

(8) A parent responsibility contract takes effect only if (and when) it is registered with the Children’s Court.

Note: Section 38F provides that a care plan or parent responsibility contract is taken to be registered with the Children’s Court when it is filed with the registry of the Court without the need for any order or other further action by the Court.

(9) The Director-General is to cause a copy of the parent responsibility contract to be given to each other party to the contract as soon as is reasonably practicable after it is registered with the Children’s Court.

(10) A parent responsibility contract remains in force for the period specified in the contract, unless sooner terminated.