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Care and Protection of Children Act 2007
130Court to consider certain matters
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130 Court to consider certain matters
(1) In making the decision, the Court must consider:
(a) any matters arising from a mediation conference for the child;
and
Care and Protection of Children Act 2007 75
(b) the wishes of the following:
(ii) a parent of the child;
(iii) a person proposed to be given daily care and control of,
or parental responsibility for, the child under the order;
(iv) any other person considered by the Court to have a
(c) if the CEO proposes that daily care and control of, or parental
responsibility for, the child be given to a person (including, for
example, the CEO):
(i) any report or recommendation given to the Court by the
CEO about the proposal; and
(ii) whether there is another person who is better suited to
be given daily care and control of, or parental
responsibility for, the child; and
(iii) the needs of the child for long-term stability and security;
and
(ca) the steps taken by the Territory:
(i) to provide the services necessary to address any likely
risks of harm to the child; and
(ii) to ensure the services were provided in accordance with
section 42(4); and
(d) any other matters the Court considers relevant.
(2) Without limiting subsection (1)(c), the Court must not give a person
who is not a parent or family member of the child or a member of
the kinship group to which the child belongs parental responsibility
for the child under a long-term parental responsibility direction
unless the Court is satisfied:
(a) giving the responsibility to the person is the best means of
safeguarding the child's wellbeing; and
(b) there is no one else who is better suited to be given the
responsibility.
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(3) The Court must not make a protection order unless a care plan,
interim care plan or proposed care plan has been provided to the
Court.