CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 78 Care plans

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 78

78 Care plans

(1) If the Secretary applies to the Children's Court for an order, not being an emergency protection order, for the removal of a child or young person from the care of his or her parents, the Secretary must present a care plan to the Children's Court before final orders are made.

(2) The care plan must make provision for the following--

(a) the allocation of parental responsibility between the Minister and the parents of the child or young person for the duration of any period for which the child or young person is removed from the care of his or her parents,

(b) the kind of placement proposed to be sought for the child or young person, including--

(i) how it relates in general terms to permanency planning for the child or young person, and

(ii) any interim arrangements that are proposed for the child or young person pending permanent placement and the timetable proposed for achieving a permanent placement,

(c) the arrangements for contact between the child or young person and his or her parents, relatives, friends and other persons connected with the child or young person,

(d) the agency designated to supervise the placement in out-of-home care,

(e) the services that need to be provided to the child or young person.

(2A) If the care plan is for an Aboriginal or Torres Strait Islander child or young person, the plan must also--

(a) include a cultural plan that sets out how the following will be maintained and developed--

(i) the child's or young person's connection with their Aboriginal or Torres Strait Islander family and community,

(ii) the child's or young person's Aboriginal or Torres Strait Islander identity, and

(b) be developed, to the greatest extent practicable, in consultation with--

(i) the child or young person, and

(ii) the parents, family and kin of the child or young person, and

(iii) relevant Aboriginal or Torres Strait Islander organisations or entities for the child or young person, and

(c) address how the plan has complied with the following--

(i) the permanent placement principles,

(ii) the Aboriginal and Torres Strait Islander Children and Young Persons Principle,

(iii) the placement principles for Aboriginal and Torres Strait Islander children and young persons set out in section 13.

(3) The care plan is to be made as far as possible with the agreement of the parents of the child or young person concerned.

(4) The care plan is only enforceable to the extent to which its provisions are embodied in or approved by orders of the Children's Court.

(5) A care plan is to be in the form approved by the Secretary after consultation with the Children's Court Advisory Committee established under the Children's Court Act 1987 .

(6) The regulations may prescribe other requirements for a care plan.