Children and Young Persons (Care and Protection) Act 1998
78Care plans
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78 Care plans
78 Care plans
(1) If the Secretary applies to the Children’s Court for an order, not being an emergency protection order, for the removal of a child or young person from the care of his or her parents, the Secretary must present a care plan to the Children’s Court before final orders are made.
(2) The care plan must make provision for the following—
(a) the allocation of parental responsibility between the Minister and the parents of the child or young person for the duration of any period for which the child or young person is removed from the care of his or her parents,
(b) the kind of placement proposed to be sought for the child or young person, including—
(i) how it relates in general terms to permanency planning for the child or young person, and
(ii) any interim arrangements that are proposed for the child or young person pending permanent placement and the timetable proposed for achieving a permanent placement,
(c) the arrangements for contact between the child or young person and his or her parents, relatives, friends and other persons connected with the child or young person,
(d) the agency designated to supervise the placement in out-of-home care,
(e) the services that need to be provided to the child or young person.
(2A) If the care plan is for an Aboriginal or Torres Strait Islander child or young person, the plan must also—
(a) include a cultural plan that sets out how the following will be maintained and developed—
(i) the child’s or young person’s connection with their Aboriginal or Torres Strait Islander family and community,
(ii) the child’s or young person’s Aboriginal or Torres Strait Islander identity, and
(b) be developed, to the greatest extent practicable, in consultation with—
(i) the child or young person, and
(ii) the parents, family and kin of the child or young person, and
(iii) relevant Aboriginal or Torres Strait Islander organisations or entities for the child or young person, and