QLDIn ForceAct
Child Protection Act 1999
sec.51ZEEntering an agreement
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### sec.51ZE Entering an agreement
The chief executive may enter into a care agreement for the child if satisfied—
it would be in the child’s best interests to be temporarily placed in the care of someone other than the child’s parents; and
it is not likely that, if the parents end the agreement, the child will be at immediate risk of harm.
The chief executive must obtain and have regard to the child’s views before entering into the care agreement, unless the child is unable to form and express views, taking into account the child’s age and ability to understand.
The child may also be a party to the care agreement.
Despite section 51ZD (1) , the chief executive may enter into an assessment care agreement with only 1 of the child’s parents if—
it is impractical to obtain the consent of the other parent to the agreement before entering into the agreement; or
the chief executive has made a reasonable attempt to obtain the consent of the other parent before entering into the agreement.
If the chief executive has not obtained the consent of the other parent before entering into an assessment care agreement under subsection (4) , the chief executive must make a reasonable attempt to give a copy of the agreement to the other parent, and obtain the other parent’s consent, after the agreement has been entered into.
See section 51ZI (2) for how the other parent may end the agreement.
The chief executive may not enter into an assessment care agreement with only 1 of the child’s parents if another parent refuses to enter into the agreement.
s 51ZE ins 2005 No. 40 s 14
amd 2010 No. 33 s 38
(sec.51ZE-ssec.1) The chief executive may enter into a care agreement for the child if satisfied— it would be in the child’s best interests to be temporarily placed in the care of someone other than the child’s parents; and it is not likely that, if the parents end the agreement, the child will be at immediate risk of harm.
(sec.51ZE-ssec.2) The chief executive must obtain and have regard to the child’s views before entering into the care agreement, unless the child is unable to form and express views, taking into account the child’s age and ability to understand.
(sec.51ZE-ssec.3) The child may also be a party to the care agreement.
(sec.51ZE-ssec.4) Despite section 51ZD (1) , the chief executive may enter into an assessment care agreement with only 1 of the child’s parents if— it is impractical to obtain the consent of the other parent to the agreement before entering into the agreement; or the chief executive has made a reasonable attempt to obtain the consent of the other parent before entering into the agreement.
(sec.51ZE-ssec.5) If the chief executive has not obtained the consent of the other parent before entering into an assessment care agreement under subsection (4) , the chief executive must make a reasonable attempt to give a copy of the agreement to the other parent, and obtain the other parent’s consent, after the agreement has been entered into. See section 51ZI (2) for how the other parent may end the agreement.
(sec.51ZE-ssec.6) The chief executive may not enter into an assessment care agreement with only 1 of the child’s parents if another parent refuses to enter into the agreement.
- (a) it would be in the child’s best interests to be temporarily placed in the care of someone other than the child’s parents; and
- (b) it is not likely that, if the parents end the agreement, the child will be at immediate risk of harm.
- (a) it is impractical to obtain the consent of the other parent to the agreement before entering into the agreement; or
- (b) the chief executive has made a reasonable attempt to obtain the consent of the other parent before entering into the agreement.