321Permanent care order

321 Permanent care order (1) A permanent care order— S. 321(1)(a) amended by No. 61/2014 s. 60(1)(a). (a) subject to paragraph (b), confers parental responsibility for the child on the person or persons named in the order (not being the child's parent or the Secretary) to the exclusion of all other persons; and S. 321(1)(b) amended by No. 61/2014 s. 60(1)(b)(i). (b) may confer parental responsibility for the child jointly on the person or persons named in the order and the child's parent if the Court is satisfied that— S. 321(1)(b)(i) amended by No. 61/2014 s. 60(1)(b)(ii). (i) the Secretary, the child and the persons to be named in the order as the persons having parental responsibility for the child have agreed on the terms of the order; and (ii) special circumstances exist which justify the making of such an order; and (c) may continue in force after the child attains the age of 17 years but ceases to be in force— (i) when the child attains the age of 18 years; or (ii) when the child marries— whichever happens first; and S. 321(1)(ca) inserted by No. 61/2014 s. 60(1)(c). (ca) must include a condition that the person caring for the child must, in the best interests of the child and unless the Court otherwise provides, preserve— (i) the child's identity and connection to the child's culture of origin; and (ii) the child's relationships with the child's birth family; and S. 321(1)(d) amended by No. 52/2013 s. 49, substituted by No. 61/2014 s. 60(1)(d). (d) may include conditions that the Court considers in the best interests of the child concerning contact with the child's parent which may provide for contact up to 4 times a year; and S. 321(1)(e) amended by No. 52/2013 s. 49. (e) may include conditions that the Court considers to be in the best interests of the child concerning contact with the child's siblings and other persons significant to the child; and (f) in the case of an Aboriginal child, may include a condition incorporating a cultural plan for the child. Note to s. 321(1) inserted by No. 61/2014 s. 60(2). A person who has parental responsibility for a child under a permanent care order is a ***parent*** within the meaning of section 3(1) of this Act and has, in relation to the child, all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children, to the exclusion of all others. S. 321(1A) inserted by No. 61/2014 s. 60(3). (1A) A condition referred to in subsection (1)(d) or (e) does not prevent additional contact being arranged from time to time by agreement in the child's best interests. S. 321(1B) inserted by No. 61/2014 s. 60(3). (1B) Before including a condition referred to in subsection (1)(d), (e) or (f), the Court must have regard to the primacy of the child's relationship with the child's permanent care family and whether the condition— (a) is necessary to protect the child or support the permanence of the placement; and (b) is necessary to promote the child's continuing connection to the child's parents, siblings or culture; and (c) is sufficiently flexible to accommodate the child's changing developmental needs over time; and (d) is reasonable in the context of the child's permanent care family's life; and (e) is necessary given the capacity of the person caring for the child to meet the condition referred to in subsection (1)(ca). S. 321(1C) inserted by No. 61/2014 s. 60(3). (1C) A permanent care order may include a condition that a child must not have contact with a parent, sibling or other person. (2) On the making of a permanent care order any protection order then in force in respect of the child ceases to be in force.