CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 176 Cultural support for Aboriginal child

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 176

    (1)     The case plan for an Aboriginal child placed in out of home care must address the cultural support needs of the child.

    (2)     The Secretary must provide a cultural plan to each Aboriginal child in out of home care that is aligned with the case plan for the child.

    (3)     The case plan must reflect and be consistent with the child's cultural support needs, having regard to the child's circumstances, so as to—

        (a)     maintain and develop the child's Aboriginal identity; and

        (b)     encourage the child's connection to the child's Aboriginal community and culture.

    (4)     For the purposes of subsection (3), the child's cultural support needs may vary depending on—

        (a)     the length of time that the child has spent in out of home care; and

        (b)     the age of the child; and

        (c)     the length of time that the child is expected to remain in out of home care; and

        (d)     the extent of the child's contact with the child's Aboriginal family members; and

        (e)     whether the child is placed within the child's own Aboriginal community, another Aboriginal community or with non‑Aboriginal carers.

    (5)     For the purposes of subsection (4), a child's Aboriginal community is—

        (a)     the Aboriginal community to which the child has a sense of belonging, if this can be ascertained by the Secretary; or

        (b)     if paragraph (a) does not apply, the Aboriginal community in which the child has primarily lived; or

        (c)     if paragraphs (a) and (b) do not apply, the Aboriginal community of the child's parent or grandparent.