Children and Young Persons (Care and Protection) Regulation 2022
46Children and young persons supervised by a designated agency
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46 Children and young persons supervised by a designated agency
46 Children and young persons supervised by a designated agency
(1) An authorised carer, in supporting a child or young person in out-of-home care to change the child’s or young person’s behaviour must not use a behaviour management practice unless the behaviour management practice is approved by the designated agency responsible for supervising the placement of the child or young person.
(2) A designated agency must not approve a behaviour management practice that includes the following—
(a) physical coercion or physical punishment,
(b) punishment taking the form of immobilisation, force-feeding or depriving a child or young person of food,
(c) punishment intended to humiliate or frighten a child or young person.
(3) An authorised carer who finds the approved behaviour management practices are not sufficiently effective to support behaviour change for a child or young person must notify the designated agency as soon as practicable.
(4) On receiving a notification the designated agency, after assessing the situation, must determine if the behaviour should be addressed by one or more of the following—
(a) providing appropriate advice, support and training to the authorised carer and appropriate support to the child or young person,
(b) adjusting the approved behaviour management practices for the child or young person,
(c) preparing a behaviour support plan for the child or young person.
(5) If the designated agency concludes action under subsection (4) has been, or will be, ineffective to support behaviour change for the child or young person the agency may change the placement arrangements.