Children and Young Persons (Care and Protection) Act 1998
38AParent responsibility contracts
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38A Parent responsibility contracts
38A Parent responsibility contracts
(1) A parent responsibility contract is either or both of the following—
(a) an agreement between the Secretary and one or more primary care-givers for a child or young person that contains provisions aimed at improving the parenting skills of the primary care-givers and encouraging them to accept greater responsibility for the child or young person,
(b) an agreement between the Secretary and either or both expectant parents whose unborn child is the subject of a pre-natal report under section 25 that contains provisions aimed at improving the parenting skills of the prospective parent and reducing the likelihood that the child will be at risk of significant harm after birth.
(2) A parent responsibility contract must—
(a) be in writing, and
(b) be signed by the Secretary and each primary care-giver or each expectant parent who is to be a party to the contract, and
(c) be in the form (if any) prescribed by the regulations, and
(d) be registered with the Children’s Court, and
(e) specify the period (not exceeding 12 months) during which the contract will (unless varied under section 38B) be in force, commencing on the date on which the agreement is registered with the Children’s Court, and
(f) specify the circumstances in which a breach of a term of the contract by a party to the contract will authorise the Secretary to file a contract breach notice with the Children’s Court.
(3) No more than one parent responsibility contract may be entered into within any period of 18 months between the Secretary and any of the same primary care-givers for a child or young person.
(4) Before entering into a parent responsibility contract, the Secretary must give the other proposed parties to the contract a reasonable opportunity to obtain independent advice concerning the provisions of the contract.
(5) Without limiting subsection (1), a parent responsibility contract may make provision for or with respect to any or all of the following—
(a) attendance of a party to the contract for treatment for alcohol, drug or other substance abuse during the term of the contract,