Part 11Case planning for children and young people in care

Part 11—Case planning for children and young people in care 133—Chief Executive must prepare case plan in respect of certain children and young people (1) This section applies to the following children and young people: (a) a child or young person who is under the guardianship of the Chief Executive under this Act or a repealed Act; (b) a child or young person who is under the guardianship of a person other than the Chief Executive under this Act or a repealed Act (other than a child or young person in relation to whom a specified person guardianship order has been made); (c) a child or young person who is in the custody of the Chief Executive pursuant to a voluntary custody agreement under Part 9; (d) a child or young person who is in the custody of the Chief Executive or another person in accordance with an order made under Part 10 Division 4; (e) any other child or young person, or child or young person of a class, prescribed by the regulations, but does not apply to a child or young person, or child or young person of a class, prescribed by the regulations to be excluded from the ambit of this definition. (2) The Chief Executive must cause a plan (a case plan) to be prepared and maintained in respect of each child or young person to whom this section applies. (3) A case plan (including the reunification plan under subsection (5)(g)) for a child or young person must be prepared as soon as is reasonably practicable (and in any case not later than 6 months) after they become a child or young person to whom this section applies. (4) The Chief Executive must, in causing a case plan to be prepared, take reasonable steps to ascertain the views, and encourage the participation, of any person who, in the opinion of the Chief Executive, has information relevant to the preparation of the case plan of a particular child or young person. (5) Without limiting the matters that may be included in a case plan, a case plan must include such of the following parts as may be relevant to the child or young person's circumstances: (a) a part setting out a plan for the physical health (including the dental health) of the child or young person; (b) a part setting out a plan for the mental health and emotional wellbeing of the child or young person; (c) a part setting out a plan for the education and development of the child or young person; (d) if the case plan relates to a child or young person with a disability or developmental delay—a part setting out a disability care plan; (e) a part setting out a cultural maintenance plan; (f) a part setting out contact arrangements; (g) a part setting out a reunification plan, which must indicate whether the reunification of the child or young person and their parents is in the best interests of the child or young person; (h) a part setting out any wishes and preferences of the child or young person relating to their care; (i) a part setting out any wishes and preferences of the parents or guardians of the child or young person; (j) a part setting out any wishes and preferences of the carer of the child or young person; (k) a part setting out any decisions made at a family group conference; (l) a part setting out how disputes as to the matters included in the child or young person's case plan are to be resolved; (m) if the child or young person is above 15 years of age—a leaving care plan; (n) any other part required by any other provision of this Act or the regulations. (6) The Chief Executive may from time to time vary, substitute or revoke a case plan. 134—Case plans must be given effect (1) Each person or body engaged in the administration, operation or enforcement of this Act must perform their functions so as to give effect to a child or young person's case plan. (2) However, this section does not create legally enforceable rights or obligations on the part of the Crown, the Chief Executive, a child or young person or any other person.