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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.