CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 75
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 75
75 . Negotiated placement agreement
(1) Where the parents
of a child are unable to care for the child, the parents acting together and
the CEO may enter into an agreement under which the CEO is required to make a
placement arrangement for the child.
(2) The parents of the
child acting together and the CEO may, at any time before the expiry or
termination of a negotiated placement agreement, extend the agreement.
(3) Despite the
requirement in subsections (1) and (2) for the parents of the child to act
together, a negotiated placement agreement may be entered into or extended by
a parent of the child if —
(a)
after reasonable inquiries any other parent of the child cannot be found; or
(b) any
other parent of the child has failed to respond within a reasonable time to a
request that he or she enter into or extend a negotiated placement agreement;
or
(c) any
other parent of the child does not have ongoing contact with the child; or
(d) it
is not, in all the circumstances of the case, reasonably practicable to
request any other parent of the child to enter into or extend a negotiated
placement agreement.
(4) In deciding
whether to enter into, extend or terminate a negotiated placement agreement,
the CEO must take into account any views expressed by the child.
(5) The CEO must not
enter into or extend a negotiated placement agreement in respect of a child if
there are reasonable grounds to believe that the child is in need of
protection.
(6) A negotiated
placement agreement and any extension of the agreement must be —
(a) in
writing; and
(b)
signed by —
(i)
the CEO; and
(ii)
the parents of the child or, if subsection (3) applies,
the parent who is entering into or extending the agreement.