CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 39

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 39

39 .         Provisional care plans, preparation etc. of

        [(1)         deleted]

        (2)         The CEO must prepare and implement a plan (a provisional care plan ) for a child if —

            (a)         the child is taken into provisional protection and care under this Division; and

            (b)         the CEO decides, or is required, to make a protection application in respect of the child.

        (2A)         Unless section 88I(2) applies, the CEO must prepare the provisional care plan within 7 working days after the child is taken into provisional protection and care.

        (2B)         A provisional care plan for a child must —

            (a)         be in writing; and

            (b)         identify the needs of the child while the child is in provisional protection and care; and

            (c)         outline steps or measures to be taken to address those needs; and

            (d)         record decisions made by the CEO about the care of the child, including —

                  (i)         decisions about a placement arrangement for the child; and

                  (ii)         decisions about contact between the child and a parent, sibling, other member of the child’s family or other person who is significant in the child’s life; and

                  (iii)         decisions about a secure care arrangement for the child;

                and

            (e)         contain a summary of —

                  (i)         how the principle set out in section 10 has been applied in connection with the decisions recorded in the plan; and

                  (ii)         the wishes and views expressed by the child about the decisions recorded in the plan.

        (2C)         Subsection (2B)(e) only applies to the application of the principle set out in section 10, and to wishes and views expressed by the child, after the commencement of the Children and Community Services Amendment Act 2021 section 21.

        (2D)         The CEO must modify a provisional care plan for a child if a decision recorded in the plan is varied, revoked or substituted or a further decision about the care of the child is made by the CEO.

        (2E)         The modification must be made as soon as practicable after the decision is varied, revoked or substituted or the further decision is made.

        [(3A), (3B)         deleted]

        (3)         The CEO may modify a provisional care plan at any time if the CEO considers that it is appropriate to do so.

        (4)         As soon as practicable after the CEO prepares or modifies a provisional care plan, whether under this section or section 88I, the CEO must ensure that a copy of the care plan or modification, as the case requires, is given to —

            (a)         the child; and

            (b)         a parent of the child; and

            (c)         any carer of the child; and

            (d)         any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.

        [Section 39 amended: No. 49 of 2010 s. 6; No. 18 of 2021 s. 21.]