Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 11

      (1) The guardians of a child, acting together, and the Secretary –

(a) may enter into an agreement under which the Secretary will have the care and custody of the child for the period not exceeding 3 months specified in the agreement; and

(b) before the termination of a care agreement, may extend the agreement.

      (2) Despite subsection (1) –

(a) if the whereabouts of a guardian of a child cannot be ascertained after reasonable enquiries; or

(b) if a guardian of a child has failed to respond within a reasonable period of time to a request that he or she enter into a care agreement; or

(c) if a guardian of a child does not have ongoing contact with the child; or

(d) if it is not, in all the circumstances of the case, reasonably practicable to request a particular guardian of a child to enter into a care agreement –

      (3) Despite subsection (1)(a), the Secretary may not enter into a care agreement if he or she has reasonable grounds for suspecting or believing, or knows, that the child is at risk for any reason other than that the guardian is or will be temporarily unable to maintain the child or exercise adequate supervision and control over the child.

      (4) Despite subsection (1)(b), a care agreement may not be extended so that it will operate for a total period of more than 3 months.

      (5) A care agreement relating to a child who is a young person must not be entered into or extended unless the young person consents to the agreement or the extension of the agreement.

      (6) Subsection (5) does not apply if the Secretary is of the opinion that the young person is unable to understand, or give informed consent to, the care agreement.

      (7) If a child under the age of 16 years appears to have a sufficient understanding of the consequences of a care agreement, the child must be consulted by the Secretary before a care agreement relating to the child can be entered into or extended.

      (8) A care agreement and any extension of a care agreement must be –

(a) in writing; and

(b) signed by –

(i) the Secretary; and

(ii) the guardians of the child; and

(iii) if the child is a young person, the young person.