New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 85A

85A Review of permanency plans involving restoration

(1) A permanency plan involving restoration is to be reviewed by the designated agency responsible for the placement of the child or young person:

(a) at the end of the length of time included in the permanency plan as the length of time during which restoration should be actively pursued, or

(b) if a review is directed by the Children’s Guardian.

(2) A permanency plan involving restoration is to be reviewed by the designated agency if it has not been reviewed under subsection (1) within 12 months after the last occasion on which it was considered by the Children’s Court.

(3) A review is to determine:

(a) whether the provisions of the permanency plan should be changed, particularly with respect to the length of time during which restoration should be actively pursued, and

(b) whether other arrangements should be made for the permanent placement of the child or young person, and

(c) whether the designated agency should recommend to the Director-General that an application for a care order be made or whether the designated agency should make an application for the rescission or variation of a care order.

(4) Nothing in this section affects any obligation under section 150 to review the placement, and a review under section 150 may be taken to be a review for the purposes of this section also if the review under section 150 satisfies the requirements of this section.

(5) The regulations may make provision for or with respect to a review under this section, including:

(a) the qualifications of the person carrying out the review on behalf of the designated agency, and

(b) the matters to be taken into consideration in carrying out the review, and

(c) the release of reports prepared in relation to the review.