CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 89
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 89
89 . Care plan
[(1) deleted]
(2) As soon as
practicable after a child first comes into the CEO’s care, the CEO must
prepare and implement a plan (a care plan ) for the child.
(3) Subsection (2)
does not apply in the case of a child taken into provisional protection and
care.
Note for this subsection:
Section 39 requires
the CEO to prepare and implement a provisional care plan for a child taken
into provisional protection and care.
(3A) A care plan for a
child must —
(a) be
in writing; and
(b)
identify the needs of the child; and
(c)
outline steps or measures to be taken to address the needs of the child; and
(d) for
an Aboriginal child, Torres Strait Islander child or child of a culturally or
linguistically diverse background — incorporate a cultural support plan
for the child; and
(e) for
a child who has reached 15 years of age (subject to subsection (3F)) —
incorporate a leaving care plan for the child; and
(f)
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)
secure care decisions;
and
(g)
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.
(3B) Subsection
(3A)(d), (e) and (g) do not apply to a care plan in existence immediately
before the commencement of the Children and Community Services Amendment Act
2021 section 37 until the completion of the first review of the plan under
section 90 after that commencement.
(3C) Subsection
(3A)(g) 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
37.
(3D) The CEO must
modify a care plan 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.
(3E) The modification
must be made as soon as practicable after the decision is varied, revoked or
substituted or the further decision is made.
(3F) The CEO must
modify a care plan to include a leaving care plan as soon as practicable after
the child reaches 15 years of age.
(4) The CEO may modify
a care plan at any time if the CEO considers that it is appropriate to do so.
[(5A) deleted]
(5) However, the CEO
cannot modify a care plan in a manner that would be contrary to section 94(3).
(6) As soon as
practicable after the CEO prepares or modifies a care plan, the CEO must give
a copy of the care plan or modification, as the case requires, to —
(a) the
child; and
(b) each
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.
(7) Despite subsection
(6), the CEO may decide not to give a copy of the care plan or modification to
a person mentioned in that subsection if the CEO considers that to do so would
pose an unacceptable risk to the safety of the child or another person.
(8) If the CEO decides
under subsection (7) not to give a person a copy of the care plan or
modification, the CEO must give the person written notice of the decision and
written reasons for it.
[Section 89 amended: No. 49 of 2010 s. 10; No. 23
of 2015 s. 37; No. 18 of 2021 s. 37.]