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

Applications for guardianship orders

79B Applications for guardianship orders

(1) Despite section 61 (1), an application for a guardianship order may be made by the following:
(a) the Secretary,
(b) with the written consent of the Secretary--the designated agency responsible for supervising the placement of the child or young person,
(c) with the written consent of the Secretary--a person who is seeking to be allocated all aspects of parental responsibility for the child or young person.
Note : An authorised carer may be such a person.
(1A) The Secretary must not make an application, or give consent to the making of an application, under subsection (1) unless satisfied that the person to whom parental responsibility for the child or young person is to be allocated has agreed to undergo, and has satisfied, such suitability assessments as may be prescribed by the regulations.
(2) The Children's Court may order an applicant for a guardianship order to notify those persons specified by the Children's Court of the making of the application.
Note : Section 256A sets out the circumstances in which the Children's Court may dispense with service.
(3) Subject to any order the Children's Court may make, the applicant for a guardianship order is to make reasonable efforts to notify each parent of the child or young person of the making of the application for the order.
(4) Each parent must be given a reasonable opportunity to obtain independent legal advice about the application and is entitled to be heard at the hearing of the matter.
(5) Without limiting section 90 (1A), an applicant for variation or rescission of a guardianship order made in respect of a child or young person must notify the principal officer of the designated agency that was supervising the placement of the child or young person in out-of-home care immediately before the guardianship order was made of the making of the application.
(6) Without limiting subsection (2), an applicant for a guardianship order other than the Secretary is to notify the Secretary of the making of the application for the order on the day the application is filed and the Secretary is entitled to be a party to the proceedings.
(7) An application cannot be made under subsection (1) (c) by a person who is an authorised carer solely in his or her capacity as the principal officer of a designated agency.
(8) Subject to any order the Children's Court may make, an applicant for a guardianship order must present the following to the Children's Court before the order is made:
(a) copies of any written consent required to be given in relation to the applicant by subsection (1),
(b) a care plan prepared by the applicant,
(c) a copy of any report on the health, educational or social well-being of the child or young person that is available to the applicant and that is relevant to the care plan.
(9) Without limiting the information that must be contained in a care plan, it must contain information about the following:
(a) the residence of the child or young person,
(b) the arrangements for contact between the child or young person and his or her parents, relatives and friends and other persons connected with the child or young person (including where relevant, any contact order made under section 86 by the Children's Court or contact variation agreement made under section 86A),
(c) the education and training of the child or young person,
(d) the religious upbringing of the child or young person,
(e) the health care of the child or young person,
(f) the resources required to provide any services that need to be provided to the child or young person and the availability of those resources,
(g) any views the child or young person has expressed about any aspect of the care plan.
(10) Other requirements and the form of care plan under this section may be prescribed by the regulations.
(11) The care plan is only enforceable to the extent to which its provisions are embodied in or approved by orders of the Children's Court.
(12) In this section:

"care plan" means a plan to meet the needs of a child or young person that represents a set of proposals to be considered by the Children's Court.



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