83Preparation of permanency plan

83 Preparation of permanency plan

83 Preparation of permanency plan

(1) If the Secretary applies to the Children’s Court for a care order (not being an emergency care and protection order) for the removal of a child or young person, the Secretary must assess whether there is a realistic possibility of the child or young person being restored to his or her parents within a reasonable period, having regard to—

(a) the circumstances of the child or young person, and

(b) the evidence, if any, that the child or young person’s parents are likely to be able to satisfactorily address the issues that have led to the removal of the child or young person from their care.

(2) If the Secretary assesses that there is a realistic possibility of restoration within a reasonable period, the Secretary is to prepare a permanency plan involving restoration and submit it to the Children’s Court for its consideration.

(3) If the Secretary assesses that there is not a realistic possibility of restoration within a reasonable period, the Secretary is to prepare a permanency plan for another suitable long-term placement for the child or young person and submit it to the Children’s Court for its consideration.

(3A) A permanency plan prepared under subsection (3) must include the following—

(a) the reasons for the Secretary’s assessment that there is not a realistic possibility of restoration within a reasonable period, and

(b) details of the active efforts the Secretary has made to—

(i) restore the child or young person to the child’s or young person’s parents, or

(ii) if restoration to the child’s or young person’s parents is not practicable or in the best interests of the child or young person— place the child or young person with family, kin or community.

(4) In preparing a plan under subsection (3), the Secretary must consider whether adoption is the preferred option for the child or young person.

Note.

See section 10A(3)(e) in relation to adoption of Aboriginal and Torres Strait Islander children and young persons.

(5) The Children’s Court is to decide whether to accept the Secretary’s assessment of whether or not there is a realistic possibility of restoration within a reasonable period—