Part 15Assistance to certain children and young people leaving care

Part 15—Assistance to certain children and young people leaving care 173—Leaving care plans to be prepared for certain children and young people leaving care (1) This section applies to 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young person placed under the guardianship of the Chief Executive until they attain 18 years of age under this Act or a repealed Act who is lawfully leaving that care. (2) The Chief Executive must, in relation to a child or young person to whom this section applies, and in consultation with the child or young person, prepare a plan (a leaving care plan) setting out steps to assist the child or young person in making their transition from care. (3) Without limiting the matters that may be included in a leaving care plan, each leaving care 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 the specific needs of the child or young person as they prepare to make their transition from care and that may arise in the period after leaving care; (b) a part setting out any information requested by the child or young person relating to their care as may be held by the Department; (c) a part detailing which (if any) of the following documents (being documents held by the Department) have been requested by the child or young person: (i) a birth certificate; (ii) religious certificates; (iii) certificates of achievement; (iv) education and training reports; (v) health records; (vi) correspondence addressed to the child or young person; (vii) passports; (viii) photographs; (ix) any other documents prescribed by the regulations; (d) if the child to whom the leaving care plan relates is above 15 years of age—a part setting out the specific arrangements that should be made to assist the child or young person to transition into adulthood and independence; (e) any other part required by the regulations. (4) The Department, and any other State authority specified by the Chief Executive in a leaving care plan under this section, must take reasonable steps to implement the leaving care plan. (5) Subject to this section, the Department must provide to the child or young person the requested documents referred to in subsection (3)(c). (6) If the Department holds an original of a document referred to in subsection (5), the Department must give the original to the child or young person and must ensure that a copy of the document is retained for the purposes of the laws of the State. (7) For the purposes of the State Records Act 1997, the disclosure or provision of an official record (within the meaning of that Act) is authorised under this Part. (8) The Department may, in accordance with any guidelines published by the Department for the purposes of this section— (a) refuse to provide a document to a child or young person; or (b) provide a document in redacted form. (9) If the Department refuses to provide a document or information, or provides a document in redacted form, the Department must give the child or young person a written notice that sets out— (a) the reasons for the decision; and (b) the child or young person's right to seek a review of the decision under section 176; and (c) any other information prescribed by the regulations. (10) If— (a) a document that must be provided to a child or young person under this section contains information concerning the child or young person; and (b) the Department is of the opinion that disclosure of the information may have an adverse effect on the physical or mental health, or the emotional state, of the child or young person, the Department— (c) is not required to give access to the document directly to the child or young person; and (d) may instead give access to the document to— (i) a medical practitioner nominated by the child or young person; or (ii) a person or body nominated by the child or young person and approved by the Department. (11) However, a leaving care plan does not create legally enforceable rights or entitlements. 174—Chief Executive to assist eligible care leavers (1) The Chief Executive must cause such assistance as the Chief Executive thinks appropriate to be offered to each eligible care leaver for the purposes of making their transition from care as easy as is reasonably practicable. (2) Without limiting the kinds of assistance that may be offered to an eligible care leaver, such assistance may include 1 or more of the following: (a) the provision of information about Government and other resources and services available to the eligible care leaver; (b) assistance in accessing education and training services; (c) assistance in finding accommodation; (d) assistance in finding employment; (e) assistance in accessing legal advice; (f) assistance in accessing health services; (g) assistance in accessing disability services; (h) assistance in accessing counselling and support services. (3) If an eligible care leaver accepts an offer of assistance, the Chief Executive must take reasonable steps to provide such assistance, or cause such assistance to be provided, to the eligible care leaver. (4) To avoid doubt, assistance may, at the discretion of the Chief Executive, be provided for a specified period or until a person ceases to be an eligible care leaver. (5) However, an offer of assistance under this section does not create legally enforceable rights or entitlements. eligible care leaver means a person who— (a) is above 15, but under 26, years of age; and (b) was in the custody, or under the guardianship, of the Chief Executive or another person or persons for a period of 6 months or more; and (c) is leaving, or has left, care under this Act or a repealed Act. 175—Certain persons to be provided with documents and information held by Department (1) An eligible applicant in respect of a person formerly in care may apply to the Chief Executive for the provision of documents and information relating to the person being held by the Department in respect of the period in which the person was in care. (2) An application made under this section must be made in the manner and form determined by the Chief Executive. (3) Subject to this section, the Department must, on an application under subsection (1), provide to the eligible applicant— (a) such of the following documents relating to the person formerly in care as may be held by the Department: (i) a birth certificate; (ii) religious certificates; (iii) certificates of achievement; (iv) education and training reports; (v) health records; (vi) correspondence addressed to the person formerly in care; (vii) passports; (viii) photographs; (ix) any other documents of a kind prescribed by the regulations; and (b) such information relating to the person of a kind specified in the application as may be held by the Department. (4) If the Department holds an original of a document referred to in subsection (3)(a), the Department must give the original to the eligible applicant and must ensure that a copy of the document is retained for the purposes of the laws of the State. (5) For the purposes of the State Records Act 1997, the disclosure or provision of an official record (within the meaning of that Act) is authorised under this Part. (6) The Department may, in accordance with any guidelines published by the Department for the purposes of this section— (a) refuse to provide a document or information; or (b) provide a document in redacted form. (7) If the Department refuses to provide a document or information, or provides a document in redacted form, the Department must give the eligible applicant a written notice that sets out— (a) the reasons for the decision; and (b) the eligible applicant's right to seek a review of the decision under section 176; and (c) any other information prescribed by the regulations. (8) If— (a) a document that must be provided to an eligible applicant under this section contains information concerning the person formerly in care; and (b) the Department is of the opinion that disclosure of the information may have an adverse effect on the physical or mental health, or the emotional state, of the person formerly in care, the Department— (c) is not required to give access to the document directly to the eligible applicant; and (d) may instead give access to the document to— (i) a medical practitioner nominated by the person formerly in care or the eligible applicant; or (ii) a person or body nominated by the person formerly in care or the eligible applicant and approved by the Department. (9) In this section— eligible applicant, in respect of a person formerly in care, means— (a) the person formerly in care; or (b) a person authorised by the person formerly in care to make an application under this section; or (c) in the case of a person formerly in care who has died—a grandparent, parent, child or grandchild of the person; or (d) any other person authorised by the Chief Executive; person formerly in care means a person of or above 18 years of age who was, at any point while the person was a child or young person, in care under this or a repealed Act, or in care of a corresponding kind provided under an earlier Act of the State. 176—Internal review of decision to refuse to provide document or information etc (1) A child or young person who is the subject of a leaving care plan under section 173 or an eligible applicant under section 175 may apply to the Chief Executive for a review of a decision to refuse to provide a document or information, or to provide a document in redacted form, within 30 days of the making of the decision (or such longer period as the Chief Executive may allow). (2) On a review under this section, the Chief Executive may confirm, vary or reverse the decision. (3) If the Chief Executive fails to determine an application made under this section within 14 days after it is received, the Chief Executive will be taken to have confirmed the decision in respect of which the review is sought.