CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 61

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 61

61 .         Restriction on making protection order (special guardianship)

        [(1)         deleted]

        (2)         The Court must not make a protection order (special guardianship) in respect of a child unless the Court is satisfied —

            (a)         that long-term arrangements should be made for the wellbeing of the child; and

            (b)         that the proposed special guardian is —

                  (i)         a suitable person to provide long-term care for the child; and

                  (ii)         willing and able to provide such care.

        (2A)         The Court must, in assessing the suitability of the proposed special guardian, have regard to the following as if the order were a placement arrangement —

            (a)         for an Aboriginal child or Torres Strait Islander child — the principle set out in section 12;

            (b)         for a child of a culturally or linguistically diverse background — the guidelines established under section 80;

            (c)         in any case — other principles set out in Part 2 affecting the placement of a child who is in the CEO’s care.

        (2B)         The Court must not make a protection order (special guardianship) for an Aboriginal child or Torres Strait Islander child if no Aboriginal person or Torres Strait Islander is to be the special guardian unless the CEO has given the Court a written report prepared by a person who meets criteria prescribed by the regulations.

        (3)         The CEO must provide the Court with a written report that —

            (a)         contains information addressing the matters referred to in subsections (2)(b)(i) and (ii) and (2A); and

            (b)         outlines the proposed arrangements for the wellbeing of the child; and

            (c)         without limiting paragraph (b), outlines the proposed arrangements for encouraging and supporting the child to develop and maintain 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, subject to decisions under this Act about that contact; and

            (d)         for an Aboriginal child, Torres Strait Islander child or child of a culturally or linguistically diverse background — is accompanied by a cultural support plan for the child.

        (4)         However, the report need not be accompanied by a cultural support plan if the application for the protection order (special guardianship) is made under section 69A.

        (5)         The Court must, before making a protection order (special guardianship), consider each report given to the Court under this section.

        (6)         The CEO must give a copy of each report given to the Court under this section to the other parties to the proceedings.

        [Section 61 amended: No. 49 of 2010 s. 28; No. 18 of 2021 s. 27.]