CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 10
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 10
10 . Principle of child participation
(1) If a decision
under this Act is likely to have a significant impact on a child’s life
then, for the purpose of ensuring that the child is able to participate in the
decision-making process, the child must be given —
(a)
adequate information, in a manner and language that the child can understand,
about —
(i)
the decision to be made; and
(ii)
the reasons for the Department’s involvement; and
(iii)
the ways in which the child can participate in the
decision-making process; and
(iv)
any relevant complaint or review procedures;
and
(b) the
opportunity to express the child’s wishes and views freely, according to
the child’s abilities; and
(c) any
assistance that is necessary for the child to express those wishes and views;
and
(d)
adequate information as to how the child’s wishes and views will be
recorded and taken into account; and
(e)
adequate information about the decision made and a full explanation of the
reasons for the decision; and
(f) an
opportunity to respond to the decision made.
(2) In the application
of the principle set out in subsection (1), due regard must be had to the age
and level of understanding of the child concerned.
(3) Decisions under
this Act that are likely to have a significant impact on a child’s life
include but are not limited to —
(a)
decisions about placement arrangements or secure care arrangements in respect
of the child; and
(b)
decisions in the course of preparing, modifying or reviewing care plans or
provisional care plans for the child; and
(c)
decisions about the provision of social services to the child; and
(d)
decisions about contact with the child’s parents, siblings and other
members of the child’s family and with other people who are significant
in the child’s life.
[(4) deleted]
[Section 10 amended: No. 49 of 2010 s. 5; No. 18
of 2021 s. 10.]