Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 167

    (1)     A case plan must include one of the following objectives (a permanency objective ) to be considered in the following order of preference as determined to be appropriate in the best interests of the child—

        (a)     family preservation—the objective of ensuring a child who is in the care of a parent of the child remains in the care of a parent;

        (b)     family reunification—the objective of ensuring that a child who has been removed from the care of a parent of the child is returned to the care of a parent;

        (c)     adoption—the objective of placing the child for adoption under the Adoption Act 1984 ;

        (d)     permanent care—the objective of arranging a permanent placement of the child with a permanent carer or carers;

        (e)     long-term out of home care—the objective of placing the child in—

              (i)     a stable, long-term care arrangement with a specified carer or carers; or

              (ii)     if an arrangement under subparagraph (i) is not possible, another suitable long-term care arrangement.

    (2)     For the purposes of subsection (1)(c) to (e), it is to be preferred that a child is placed—

        (a)     with a suitable family member of the child or other person of significance to the child; or

        (b)     if a placement under paragraph (a) is not possible, with another suitable carer or carers.

S. 167(3) amended by No. 8/2016 s. 3(1).

    (3)     For the purposes of this section, a permanency objective of family reunification would be appropriate if the child has been in out of home care for a cumulative period of less than 12 months and the safe reunification of the child with a parent is likely to be achieved.

    (4)     For the purposes of this section, a permanency objective set out in subsection (1)(c) to (e) would be appropriate if—

S. 167(4)(a) amended by No. 8/2016 s. 3(2)(a).

        (a)     the child has been in out of home care for a cumulative period of 12 months and there is no real likelihood for the safe reunification of the child with a parent in the next 12 months; or

S. 167(4)(b) amended by No. 8/2016 s. 3(2)(b).

        (b)     except in exceptional circumstances, the child has been in out of home care for a cumulative period of 24 months.

S. 167(5) inserted by No. 8/2016 s. 3(3).

    (5)     Section 287A(4) applies to the determination of a cumulative period under this section.

S. 168 substituted by No. 61/2014 s. 97.