New South Wales Consolidated Acts
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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 38A
Parent responsibility contracts
"parent responsibility contract" is either or both of the following:
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
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
(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
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
(b) attendance of a party to the contract for counselling,
requirements relating to alcohol or drug testing that a party to the contract
must undergo during the term of the contract,
(d) permitting information
about the contract (including compliance with the contract) to be shared
between persons and agencies involved in the implementation of the provisions
of the contract,
(e) participation in courses aimed at improving the
parenting skills of any party to the contract (including, for example, courses
relating to behavioural management and financial management),
of compliance with the terms of the contract.
(6) However, a
parent responsibility contract may not make provision for or with respect to
any of the following:
(a) the allocation of parental responsibility for a
child or young person,
(b) the placement of a child or young person in
Note : Care plans may make provision for the allocation of
(7) Any term of a parent responsibility contract
that makes provision for or with respect to a matter referred to in subsection
(6) has no effect.
(8) A parent responsibility contract takes effect only if
(and when) it is registered with the Children's Court.
Note : Section 38F
provides that a care plan or parent responsibility contract is taken to be
registered with the Children's Court when it is filed with the registry of the
Court without the need for any order or other further action by the Court.
(9) The Secretary is to cause a copy of the parent responsibility contract to
be given to each other party to the contract as soon as is reasonably
practicable after it is registered with the Children's Court.
parent responsibility contract remains in force for the period specified in
the contract, unless sooner terminated.
(11) The period for which the
parent responsibility contract has effect may be specified by reference to a
fixed or ascertainable period or by reference to the occurrence of a specified
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