New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 79

79 Order (other than guardianship order) allocating parental responsibility

(1) The Children's Court may make an order under this section allocating all aspects of parental responsibility, or one or more specific aspects of parental responsibility, for a child or young person who it finds is in need of care and protection for a period specified in the order--

(a) to one parent to the exclusion of the other, or to both parents jointly, or

(b) solely to the Minister, or

(c) to one or both parents and to the Minister jointly, or

(d) to one or both parents and to another person or persons jointly, or

(e) to the Minister and another suitable person or persons jointly, or

(f) to a suitable person or persons jointly.

(2) The specific aspects of parental responsibility that may be allocated by an order of the Children's Court under subsection (1) include, but are not limited to, the following--

(a) the residence of the child or young person,

(b) contact,

(c) the education and training of the child or young person,

(d) the religious and cultural upbringing of the child or young person,

(e) the medical and dental treatment of the child or young person.

(3) The Children's Court must not make an order allocating parental responsibility unless it has given particular consideration to the permanent placement principles and is satisfied that the order is in the best interests of the child or young person.

(4) Without limiting subsection (3), the Children's Court must not make an order under this section if, taking into account the permanent placement principles, it would be more appropriate to make a guardianship order than an order under this section.

(4A) The Children's Court must not make an order under this section allocating any aspect of parental responsibility to an organisation or to the principal officer of a designated agency (other than the Secretary).

(5) The Children's Court must not make an order allocating parental responsibility for a child or young person if the order would be inconsistent with--

(a) any order made with respect to the child or young person by the Supreme Court in the exercise of its jurisdiction with respect to the custody and guardianship of children, or

(b) a guardianship order with respect to the young person made by the Guardianship Tribunal.

(6) If an order allocates all aspects of parental responsibility for a child or young person to the Minister, the Minister must, so far as is reasonably practicable, have regard to the views of the persons who had parental responsibility for the child or young person before the order was made while still recognising that the safety, welfare and well-being of the child or young person remains the paramount consideration.

(7) If aspects of parental responsibility are allocated jointly between the Minister and another person or persons, either the Minister or the other person may exercise those aspects but, if they disagree concerning their exercise, the disagreement is to be resolved by order of the Children's Court.

(8) The Children's Court must not make an order allocating parental responsibility jointly between two or more persons unless it is satisfied that the persons can work together co-operatively in the best interests of the child or young person.

(9) The maximum period for which an order under subsection (1)(b) may allocate all aspects of parental responsibility to the Minister following the Court's approval of a permanency plan involving restoration, guardianship or adoption, is 24 months.

(10) Subsection (9) does not apply if the Children's Court is satisfied that there are special circumstances that warrant the allocation being for a longer period.