Victorian Consolidated Legislation

Community Services Act 1970 - SECT 13A

Child care agreements

13A. Child care agreements







(1) In this section "service provider" means the Secretary or the person in
charge of a community service approved under section 58(1) of the Children and
Young Persons Act 1989 or a registered residential service within the meaning
of the Intellectually Disabled Persons' Services Act 1986.

(2) A parent of a child or young person under 18 years of age may enter into a
written agreement with a service provider to place the child or young person
in the care of the service provider for the purpose of supporting the child or
young person and his or her parent and encouraging and assisting the child's
or young person's parent to resume the care of the child or young person.

(3) An agreement under sub-section (2) does not affect the guardianship and
custody of a child or young person.

(4) An agreement under sub-section (2) must specify a period not exceeding 6
months, for which the agreement is to have effect.

(4A) If a parent who does not have custody of a child or young person is a
party to an agreement under sub-section (2), the person who does have custody
of the child or young person may request the service provider to return the
child or young person to that person.

(4B) As soon as is practicable after receiving a request under sub-section
(4A), the service provider must notify the parent who was a party to the
agreement of the making of the request.

(4C) Subject to any provision to the contrary made by or under the authority
of this or any other Act, the service provider must cause the child or
young person to be returned to the person who has custody of him or her-

   (a)  as soon as practicable after notifying the parent under sub-section
        (4B); or

   (b)  within a reasonable time if the parent cannot be notified.

(5) The parties to an agreement under sub-section (2) may agree to extend the
agreement before it expires for a further period not exceeding 6 months after
reviewing the agreement and consulting the Secretary if required by
sub-section (5A), which consultation must be initiated by the
service provider.

(5A) For the purposes of sub-section (5), the Secretary must be consulted only
if the child or young person has been in the care of the service provider for
a continuous period of 6 months or for an aggregate of 6 months during a
period of 9 months.

(6) A child or young person under 18 years of age may not be placed in the
care of a service provider by virtue of this section for a period exceeding 12
months, or for periods which in aggregate exceed 12 months in any period of 18
months, except in accordance with sub-section (7).

(7) If a child or young person has been in the care of a service provider for
a period of 12 months, or for periods which in aggregate are equal to 12
months in any period of 18 months, another agreement under sub-section (2) in
respect of the child or young person must not be entered into unless-

   (a)  the parties have consulted with the Secretary, which consultation must
        be initiated by the service provider; and

   (b)  the Secretary has consented in writing to the making of the agreement.



(7A) A child or young person under 18 years of age may not be placed in the
care of a service provider by virtue of this section for a period exceeding 2
years or for periods which in the aggregate exceed 2 years in any period of 3
years.

(8) An agreement under this section is not void or voidable by reason only
that a party to it has not attained the age of 18 years.

(9) The wishes of the child or young person must be taken into account in
making an agreement under this section.

(10) An agreement under this section may be terminated by either party giving
notice in writing to the other party.

(11) Upon the expiry or termination of an agreement under this section, the
person having the care of the child or young person must, as soon as is
practicable, cause the child or young person to be returned to the parent of
the child or young person.

(12) The Minister may determine the rates to be paid in respect of children or
young persons under an agreement under this section.

Division 1B-Long-Term Child Care Agreements