Part 12Placement and contact arrangements etc of children and young people in care

Part 12—Placement and contact arrangements etc of children and young people in care Division 1—Placement etc of children and young people in care 135—Chief Executive's powers in relation to children and young people in care (1) Subject to this Act, the Chief Executive may, in relation to a child or young person who is in the custody, or under the guardianship, of the Chief Executive, from time to time do 1 or more of the following: (a) place the child or young person, or permit the child or young person to remain, with a member of their family; (b) place the child or young person with any other suitable person; (c) remove the child or young person from a person referred to in a preceding paragraph with whom the child or young person has been placed; (d) place the child or young person in a licensed children's residential facility; (e) place the child or young person in a State residential care facility; (f) place the child or young person in any other suitable place; (g) give such directions relating to the care of the child or young person as the Chief Executive thinks fit; (h) make arrangements for the education of the child or young person; (i) make arrangements for the professional examination, assessment or treatment of the child or young person (including, for example, admission to hospital); (j) make such other provision for the care of the child or young person as the Chief Executive thinks fit. (2) To avoid doubt, nothing in this section limits the operation of section 136 or 150. (3) The Chief Executive must keep each parent and guardian of a child or young person (if the Chief Executive is not that person) informed about where the child or young person is placed and how the child or young person is being cared for, unless the Chief Executive is of the opinion that it would not be in the best interests of the child or young person to do so. 136—Temporary placement of children and young people (1) Despite section 150, but subject to this section, the Chief Executive may place a child or young person who is in the custody, or under the guardianship, of the Chief Executive with a person who is not an approved carer if the Chief Executive is satisfied that— (a) the child or young person requires placement as a matter of urgency; and (b) it is not, in the circumstances, reasonably practicable to place the child or young person with an approved carer; and (c) the risk of harm being caused to the child or young person if they are not placed with a person under this section exceeds the risk that the person will cause harm to the child or young person. (2) Despite subsection (1)(b), the Chief Executive may place a child or young person with a person under subsection (1) despite it being reasonably practicable to place the child or young person with a particular approved carer if the Chief Executive is satisfied that to place the child or young person under that subsection is preferable to placing the child or young person with the approved carer. (3) The Chief Executive may, if the Chief Executive considers it appropriate to do so, place a child or young person with a member of the child or young person's family, or a person known to the child or young person or their family, in accordance with subsection (1) without being satisfied of the matters set out in subsection (1)(a) or (b). (4) The placement of a child or young person under this section— (a) must be of a temporary nature (and in any event must not exceed a period of 3 months); and (b) except in the circumstances referred to in subsection (2) or (3), and subject to the regulations, must be brought to an end as soon as it is reasonably practicable to place the child or young person with an approved carer; and (c) must comply with any requirements prescribed by the regulations. (5) If a child or young person is placed with a person under this section— (a) section 150 will be taken not to apply to the person; and (b) sections 139, 140 and 152 are to be construed as if the person were an approved carer (but, to avoid doubt, the person will not otherwise be taken to be an approved carer). (6) The regulations may make further provisions in relation to the placement of a child or young person with a person under this section (including by modifying the operation of a specified provision or provisions of this Act relating to the placement of children and young people). Division 2—Provision of information regarding placements and involvement of approved carers in decision making 137—Children and young people to be provided with certain information prior to placement If a placement agency is considering placing a child or young person with an approved carer under this Act, the agency must, before so placing the child or young person, provide to the child or young person the prescribed information in relation to the approved carer. 138—Approved carers to be provided with certain information prior to placement (1) Subject to this section, if a placement agency is considering placing a child or young person with an approved carer under this Act, the agency must, before so placing the child or young person, provide to each proposed approved carer any information in the possession of the agency that may be relevant to the person's decision whether or not to accept the placement. (2) In determining whether to provide particular information to an approved carer, a placement agency must have regard, and may give effect, to any wishes expressed by the child or young person relating to the disclosure of such information. 139—Approved carers to be provided with certain information once child or young person placed (1) A placement agency must provide to each approved carer with whom a child or young person is placed any information (including, to avoid doubt, any medical reports) held by the agency that is reasonably necessary to ensure— (a) that the approved carer is able to provide appropriate care to the child or young person in all of their circumstances; and (b) the safety of the approved carer and any other member of the approved carer's household. (2) An approved carer who is provided with information under this section, and any other person who becomes aware of the information, must not disclose the information except— (a) to a health professional for a purpose related to the examination, assessment or treatment of the child or young person; or (b) to a child protection officer performing a function under this Act; or (c) to a member of the approved carer's household; or (d) to a preschool, school or other education service for a purpose related to the educational needs, or the health, safety, welfare or wellbeing, of the child or young person; or (e) with the consent of the child or young person; or (f) with the authorisation of the Chief Executive; or (g) in any other circumstances prescribed by the regulations. 140—Approved carers entitled to participate in certain decision making processes (1) Without limiting Part 2, but despite any other provision of this Act or any other Act, an approved carer with whom a child or young person is placed is entitled to participate in any decision making process relating to the health, safety, welfare or wellbeing of the child or young person. (2) Subsection (1) does not apply in relation to a particular decision if the decision maker is satisfied that the participation of the approved carer would not be in the best interests of the child or young person. (3) This section applies whether the decision is made under this Act or any other Act or law. 141—Noncompliance with Division not to invalidate placement A refusal or failure to comply with a requirement under this Division does not, of itself, affect the validity of a placement of a child or young person with an approved carer or a decision referred to in section 140. Division 3—Contact arrangements 142—Application of Division (1) This Division applies to the following children and young people: (a) a child or young person who is in care; (b) any other child or young person, or child or young person of a class, prescribed by the regulations. (2) However, this Division does not apply to a child or young person, or child or young person of a class, prescribed by the regulations. 143—Contact arrangements to be determined by Chief Executive (1) For the purposes of this Act, contact arrangements in respect of a child or young person to whom this Division applies are to be determined by the Chief Executive. (2) To avoid doubt, the Chief Executive may, for any reason the Chief Executive thinks fit, determine that there is to be no contact between a specified child or young person and a specified person. (3) In making a determination under this section, the Chief Executive must have regard to the following provisions: (a) if the Chief Executive is satisfied that reunification is viable—the primary aim of the contact arrangements should be to establish or maintain attachment relationships between the child or young person and the person or persons with whom the child or young person is to be reunified; (b) if the Chief Executive is satisfied that reunification is not viable—particular consideration must be given to the need for the child or young person to maintain a connection with their family and culture; (c) in any event—the Chief Executive must give weight to the importance of the child or young person maintaining contact with their siblings (if any). (4) Nothing in this Division authorises or requires contact arrangements to be made in favour of a particular person if, in the opinion of the Chief Executive— (a) there is a significant possibility that a child or young person would be at risk of harm in the course of contact with the person; or (b) such contact arrangements would undermine the stability of the child or young person's placement; or (c) such contact arrangements would not be consistent with a provision of Part 2; or (d) it would otherwise not be in the best interests of the child or young person to have contact with the person. (5) A determination under this section must— (a) be by notice in writing; and (b) set out— (i) the frequency of contact visits in a specified period; and (ii) the duration of each contact visit; and (iii) the venue or venues at which contact visits are to take place; and (iv) any person who may be present during contact visits; and (v) whether contact visits are to take place under the supervision of a person determined by the Chief Executive, and may make any other provision the Chief Executive thinks appropriate; and (c) comply with any other requirements set out in the regulations, however, a failure to comply with this subsection does not, of itself, affect the validity of a determination. (6) The Chief Executive may, from time to time and by notice in writing, vary, substitute or revoke the contact arrangements in respect of a child or young person. (7) The Chief Executive must cause a copy of each determination under this section, and any variation, substitution or revocation of the determination, to be included as part of the case plan for the child or young person. 144—Minister to establish Contact Arrangements Review Panel (1) The Minister must, in accordance with any requirements set out in the regulations, establish a panel (the Contact Arrangements Review Panel) for the purposes of reviewing contact arrangements under this Division. (2) The Contact Arrangements Review Panel may be constituted of such persons as the Minister considers appropriate having regard to any requirements set out in the regulations. (3) The Contact Arrangements Review Panel has the functions conferred on it by the regulations. (4) The regulations may make further provisions in relation to the Contact Arrangements Review Panel (including by limiting the jurisdiction of the Contact Arrangements Review Panel to review matters of a specified kind). 145—Review by Contact Arrangements Review Panel (1) Subject to this Division, the following persons may apply to the Contact Arrangements Review Panel for a review of a determination of the Chief Executive under section 143 in respect of contact arrangements relating to a particular child or young person: (a) the child or young person; (b) a person who is allowed contact with the child or young person pursuant to the determination; (c) a person who is refused contact with the child or young person pursuant to the determination. (2) An application under subsection (1) must— (a) be made within 14 days after the Chief Executive's determination (or such longer period as the Contact Arrangements Review Panel may allow); and (b) be made in a manner and form determined by the Contact Arrangements Review Panel. (3) However, the Contact Arrangements Review Panel may only allow an extension of time under subsection (2)(a) if satisfied that special circumstances exist. (4) The Contact Arrangements Review Panel must, as soon as is reasonably practicable after receiving an application under this section and in accordance with any requirements set out in the regulations, convene a panel of members of the Contact Arrangements Review Panel to review the contact arrangements relating to the child or young person in accordance with this Division. (5) The presiding member of the panel must be a person who is not an officer or employee of the Department. (6) The panel need not conduct a review under this section if the panel is of the opinion that the application for review— (a) is frivolous, vexatious, misconceived or lacking in substance; or (b) is being used for an improper purpose; or (c) is otherwise an abuse of process, and, in such a case, a further application relating to the same matter may only be made with the permission of the Contact Arrangements Review Panel. (7) A panel must, within 4 weeks of being convened under this section, and in accordance with any requirements set out in the regulations, complete a review in accordance with this section. (8) A panel must, in conducting a review, have regard to any submissions made to the panel by— (a) the child or young person; and (b) if the applicant was not the child or young person—the applicant; and (c) any other person, or person of a class, prescribed by the regulations. (9) A panel may decide, on a review under this section— (a) to affirm the determination that is being reviewed; or (b) to vary the determination that is being reviewed; or (c) to set aside the determination that is being reviewed, and— (i) substitute its own determination; or (ii) send the matter back to the Chief Executive for determination in accordance with any directions or recommendations that the panel considers appropriate, and must, within 14 days of the making of the decision, provide to the applicant notice in writing of the decision and the reasons for the decision. (10) The Chief Executive's determination as affirmed, varied or substituted by the panel— (a) will be taken to be a determination of the Chief Executive of contact arrangements in respect of the relevant child or young person; and (b) has effect from the time specified by the panel; and (c) must, subject to this Act, be implemented by the Chief Executive. (11) A determination that has been affirmed, varied or substituted under this section cannot be the subject of a further review under this section. (12) Subject to this Act, a panel convened under this section may determine its own procedures. (13) The regulations may make further provision in relation to reviews under this section. Division 4—Ongoing reviews of circumstances of certain children and young people 146—Ongoing reviews of circumstances of certain children and young people (a) a child or young person placed under the guardianship of the Chief Executive until they attain 18 years of age under this Act or a repealed Act; and (b) any other child or young person, or child or young person of a class, prescribed by the regulations. (2) Subject to this section, the Chief Executive must cause a review of the circumstances of each child or young person to whom this section applies to be carried out— (a) if the child or young person, or another person who, in the opinion of the Chief Executive, has a legitimate interest in the affairs of the child or young person, has requested the review—as soon as is reasonably practicable after the request; or (b) in any case—at least once in each 12 month period. (3) However, the Chief Executive need not cause a review to be carried out under subsection (2)(a) if— (a) a review of the child or young person's circumstances has been carried out within the 12 months preceding the request; and (b) the Chief Executive is of the opinion that the request is frivolous or vexatious, or otherwise not made in good faith. (4) A review must comply with the following provisions: (a) the review must be carried out by a panel appointed by the Chief Executive for the purpose; (b) in carrying out a review, the panel must— (i) review the case plan; and (ii) consider whether the existing arrangements for the care of the child or young person— (A) continue to be in the best interests of the child or young person; and (B) provide the support necessary to meet the needs of the child or young person; and (iii) notify each person with whom the child or young person is placed of the review and give them a reasonable opportunity to make submissions to the panel for the purposes of the review; and (iv) have regard to any submissions made under subparagraph (iii); and (v) comply with any other requirements set out in the regulations; (c) on completing a review, the panel must prepare and provide to the Chief Executive a written report on the review setting out— (i) the conclusions of the panel in respect of the existing arrangements for the care of the child or young person; and (ii) if the panel wishes to make recommendations in relation to the care of the child or young person—those recommendations. (5) A person who has been notified of the review by the panel under subsection (4)(b)(iii) must be given a reasonable opportunity to make their submissions in person, unless the panel determines that for the person to do so would not be in the best interests of the child or young person. (6) The Chief Executive must appoint a member of a panel appointed to carry out a review (being a member who has not previously been involved with the child or young person's case) to be the presiding member of the panel. (7) However, a person appointed to be the presiding member of the panel in relation to a child or young person may be appointed as the presiding member for subsequent reviews undertaken under this section in relation to the child or young person. (8) Subject to this Act, and any directions of the Chief Executive, a panel may determine its own procedures. (9) The Chief Executive must, except if of the opinion that it is inappropriate to do so, cause a copy of a report under subsection (4)(c) to be given to— (a) the child or young person; and (b) each parent of the child or young person; and (c) each person with whom the child or young person is placed under this Act or a repealed Act, and may give a copy of the report to any other person the Chief Executive thinks fit. 147—Chief Executive may provide assistance to persons caring for children and young people (1) The Chief Executive may grant to the following persons such financial or other assistance in relation to the care and maintenance of a child or young person as may be determined by the Chief Executive: (a) an approved carer of the child or young person; (b) a person with whom the child or young person has been placed under this Act or a repealed Act; (c) a person who cares for the child or young person in the custody, or under the guardianship, of the Chief Executive under the Adoption Act 1988. (2) The Chief Executive may provide assistance to a person described in subsection (1)(a) in relation to the care of a child or young person until the child or young person attains 26 years of age. 148—Facilitating agreements for funeral arrangements of certain children and young people (1) This section applies to a child or young person who— (a) is in the custody, or under the guardianship, of the Chief Executive or another person pursuant to this Act; or (b) is otherwise placed with an approved carer pursuant to this Act. (2) If— (a) a child or young person to whom this section applies dies; and (b) the person with whom the child or young person was placed at the time of their death and the person who is responsible for arranging the funeral and the disposal of the deceased's remains disagree about those arrangements, the Chief Executive may, at the request of 1 or both of the parties, endeavour to assist the parties to reach an agreement about those arrangements.