Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 42

      (1) In this section,

"specified" means specified in a care and protection order.

      (2) The Secretary may apply to the Court for a care and protection order.

      (3) On the application of the Secretary, the Court may make a care and protection order if –

(a) the Court is satisfied –

(i) that a child is at risk; and

(ii) that a care and protection order should be made to secure the care and protection of the child; or

(b) the Court is satisfied that –

(i) proper arrangements exist for the care and protection of a child (whether pursuant to the Secretary approving the arrangements recommended in a decision of a family group conference or otherwise); and

(ii) the child would be likely to suffer significant psychological harm if the arrangements were to be disturbed; and

(iii) it would be in the best interests of the child for the arrangements to be incorporated in a care and protection order.

      (4) A care and protection order may contain one or more of the following orders:

(a) an order requiring the child or a guardian of the child, for a specified period not exceeding 12 months, to do any specified thing or to refrain from doing any specified thing;

(b) an order granting custody of the child, for a specified period not exceeding 12 months, to one of the following persons:

(i) a guardian of the child;

(ii) a member of the child's family;

(iii) the chief executive officer of a non-Government organisation that provides facilities for the residential care of children, or a person who holds a position similar in nature to that of chief executive officer in such an organisation;

(iv) the Secretary;

(v) any other person that the Court considers appropriate in the circumstances;

(c) an order placing the child, for a specified period not exceeding 12 months, under the guardianship of –

(i) the Secretary; or

(ii) one or 2 other persons;

(d) an order placing the child, until the child attains 18 years of age, under the guardianship of –

(i) the Secretary; or

(ii) one or 2 other persons;

(e) an order providing for access to the child;

(f) an order providing for the way in which a person who has custody or guardianship of the child under an order of the Court is to deal with matters relating to the care, protection, health, welfare or education of the child;

(g) any other order the Court considers appropriate.

      (5) A care and protection order may include conditions to be observed by one or more of the following persons:

(a) the child;

(b) a guardian of the child;

(c) a person with whom the child is living;

(d) the Secretary;

(e) a person who is to supervise the child;

(f) a person who is granted custody of the child;

(g) any other person who is involved with the care and protection of the child.

      (6) The Court may not make an order under subsection (4)(d) unless satisfied that –

(a) all reasonable steps have been taken to provide the services required to enable the child's protection and care needs to be met within the home of a parent or other existing guardian of the child; and

(b) the person proposed as guardian –

(i) is suitable to have guardianship of the child, having regard to any prescribed matters; and

(ii) is willing and able to assume guardianship of the child; and

(c) the wishes and feelings of the child have been duly considered, having regard to the age, understanding and maturity of the child; and

(d) the wishes of the parents in respect of any prescribed matters referred to in paragraph (b)(i) have been duly considered; and

(e) no other order, apart from the order considered, would be in the best interests of the child.