CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 76 Order for supervision

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 76

76 Order for supervision

(1) The Children's Court may, after inquiry, make an order placing a child or young person in relation to whom a care application (other than an application for a guardianship order) has been made under the supervision of the Secretary if it is satisfied that the child or young person is in need of care and protection.

(2) In making an order under this section, the Children's Court must specify--

(a) the reason for the order, and

(b) the purpose of the order, and

(c) the length of the order.

(3) Unless otherwise provided by this section, the maximum period of supervision under an order under this section is 12 months.

(3A) The Children's Court may specify a maximum period of supervision that is longer than 12 months (but that does not exceed 24 months) if the Children's Court is satisfied that there are special circumstances that warrant the making of an order of that length and that it is appropriate to do so.

(4) The Children's Court may require the presentation of the following reports--

(a) a report before the end of the period of supervision stating the following--

(i) the outcomes of the supervision,

(ii) whether the purposes of the supervision have been achieved,

(iii) whether there is a need for further supervision to protect the child or young person,

(iv) whether other orders should be made to protect the child or young person,

(b) one or more reports during the period of supervision describing the progress of the supervision.

(4A) The Court may consider a report presented under subsection (4) after the period of supervision ends if the Court considers it both--

(a) reasonable in the circumstances, and

(b) in the best interests of the child or young person.

(4B) After considering a report under subsection (4A), the Court may make a new supervision order that ends no later than the day that is 24 months after the order made under subsection (3) or (3A) commenced.

(5) A copy of a report, or part of a report, presented to the Children's Court under subsection (4) and a copy of any medical or assessment report presented to the Children's Court may be given by the Children's Court to the legal representative of the child or young person to whom the report relates.

(6) The Children's Court may, of its own motion or on the application of the Secretary, and after giving the parties an opportunity to be heard, extend the period of a supervision order for such further period, that together with the period specified under subsection (3) or (3A) does not exceed 24 months in total, as it considers appropriate in all the circumstances.

(7) The Children's Court may, of its own motion or on application by the Secretary, and after giving the parties an opportunity to be heard, revoke an order before the end of the period of supervision specified under subsection (3A) at any time after the expiration of the first 12 months of that period if it considers that there is no longer need for supervision in order to protect the child or young person.