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.
Care and Protection of Children Act 2007 76 (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.