Victorian Consolidated Legislation

Community Services Act 1970 - SECT 13C

Long-term child care agreements

13C. Long-term child care agreements



(1) In this section "service provider" has the same meaning as in section 13A.



(2) A parent of a child or young person under 18 years of age may, with the
written approval of the Secretary, enter into a written agreement with a
service provider and, if necessary for the purposes of sub-section (5)(b), a
suitable person with respect to the care of the child or young person.

(3) The Secretary must not approve the entering into of an agreement under
sub-section (2) unless the Secretary is satisfied that-

   (a)  the agreement is in the best interests of the child or young person;
        and

   (b)  there are no alternative means available that would enable the parent
        of the child or young person to resume the care of the child or
        young person; and

   (c)  the wishes of the child or young person have, having regard to the age
        and understanding of the child or young person, been taken into
        account in making the agreement; and

   (d)  the agreement provides for the parent of the child or young person to
        have an on-going involvement with the child or young person in the
        terms specified in the agreement.

(4) An agreement under sub-section (2) may provide for a child to be in the
care of-

   (a)  a community service; or

   (b)  a suitable person or persons other than-

   (i)  a parent of the child or young person; or

   (ii) the Secretary in his or her official capacity; or

   (iii) a person employed by a community service in his or her official
        capacity; or

   (c)  a registered residential service within the meaning of the
        Intellectually Disabled Persons' Services Act 1986 or a residential
        institution within the meaning of that Act; or

   (d)  the Department at any premises proclaimed to be a residential program
        under section 19 of the Intellectually Disabled Persons' Services Act
        1986.

(5) To be a suitable person for the purposes of sub-section (4)(b) a person
must be-

   (a)  approved in writing by the Secretary or by a person authorised by the
        Secretary in that behalf as being a person suitable to have the
        long-term care of a child or young person; and

   (b)  a party to the agreement under sub-section (2).

(5A) An authorisation under sub-section (5)(a)-

   (a)  must be made by instrument; and

   (b)  may be made to the holder of an office or position or to any person
        for the time being acting in or performing the duties of an office or
        position.

(6) An agreement under sub-section (2) must-

   (a)  set out the objectives of the agreement; and

   (b)  set out the role of the service provider which must include-

   (i)  participating in any review of the agreement; and

   (ii) assisting in the resolution of any disputes that may arise relating to
        the care of the child or young person; and

   (iii) assisting, if required, in the provision of particular services
        specified in the agreement; and

   (c)  clarify the respective roles of the parent of the child, the
        service provider and (where appropriate) the person or persons in
        whose care the child is under sub-section (4)(b).

(7) An agreement under sub-section (2) must specify the period for which the
agreement is to have effect which-

   (a)  in the case of an agreement referred to in sub-section (4)(a), (c) or
        (d), must not exceed 2 years; and

   (b)  in the case of an agreement referred to in sub-section (4)(b), may be
        for any period up to the day on which the child or young person
        attains the age of 18 years.

(7A) 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.

(7B) As soon as is practicable after receiving a request under sub-section
(7A), the service provider must notify the parent who was a party to the
agreement of the making of the request.

(7C) 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
        (7B); or

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

(8) An agreement under sub-section (2) that is referred to in sub-section
(4)(a), (c) or (d)-

   (a)  may be reviewed at any time during the period of the agreement at the
        request of one of the parties to the agreement; and

   (b)  must be reviewed before the end of the agreement; and

   (c)  may, with the written approval of the Secretary, be extended for a
        period not exceeding 2 years with or without any variation in its
        terms or another such agreement may be entered into.





(9) An agreement under sub-section (2) that is referred to in sub-section
(4)(b)-

   (a)  may be reviewed at any time during the period of the agreement at the
        request of one of the parties to the agreement; and

   (b)  must be reviewed at least once in each period of 2 years.

(10) Any of the following may result from a review of an agreement under
sub-section (9)-

   (a)  the agreement may be terminated;

   (b)  the agreement may be extended for a period that does not extend beyond
        the day on which the child or young person attains the age of 18
        years;

   (c)  the terms of the agreement may be varied;

   (d)  another such agreement may be entered into.

(11) An agreement under sub-section (2) is not void or voidable by reason only
that a party to it has not attained the age of 18 years.

(12) An agreement under sub-section (2) may be terminated by any party by
giving notice in writing to the other party or parties.

(13) On the expiry or termination of an agreement under sub-section (2), 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.

(14) The Minister may determine the rates to be paid in respect of children or
young persons under an agreement under sub-section (2).

Division 1C-Review of Decision-Making under Child Care Agreements