New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 63

63 Evidence of active efforts to take alternative action

(1) When making a care application in relation to a child or young person, the Secretary must provide evidence to the Children's Court of the following--

(a) the active efforts made by the Secretary, in accordance with the principle of active efforts, before the application was made and the reasons the active efforts were unsuccessful,

(b) the alternatives to a care order that were considered by the Secretary before the application was made and the reasons the alternatives were not considered appropriate.

(2) Without limiting subsection (1), the Secretary must provide evidence that, before making the care application, active efforts were made to--

(a) provide, facilitate or assist with support for the safety, welfare and well-being of the child or young person, including support for the parents of the child or young person, and

(b) consider any of the following actions that are relevant--

(i) a parent responsibility contract,

(ii) a parent capacity order,

(iii) a temporary care arrangement under Chapter 8, Part 3, Division 1,

(iv) an alternative dispute resolution process under section 37.

(3) Subsections (1)(a) and (2) do not apply in relation to a care application that is seeking an emergency care and protection order.

(4) The Children's Court may adjourn proceedings if the Court is not satisfied with the evidence provided by the Secretary under subsection (1).

Note--: See also sections 69 and 70, which provide that the Children's Court may make interim care orders in relation to a child or young person and any other interim orders the Children's Court considers appropriate for the safety, welfare and well-being of a child or young person pending the conclusion of the proceedings, including less intrusive interim orders.

(5) If the Children's Court is not satisfied with the evidence provided by the Secretary under subsection (1), the Court must not take either of the following actions unless the Court is satisfied that taking the action is in the best interests of the safety, welfare and well-being of the child or young person--

(a) dismiss a care application in relation to the child or young person,

(b) discharge the child or young person from the care responsibility of the Secretary.