Chapter 7 Support for children and young persons in crisis

Part 1 Serious or persistent conflict

110   What are the objects of this Part?

The objects of this Part are:

(a)  to ensure, so far as possible, that conflicts between children or young persons and their parents are resolved without recourse to legal proceedings, and

(b)  to enable proper access to services where breakdowns in relationships occur between children or young persons and their parents, and

(c)  to enable the Children’s Court to make appropriate orders in circumstances where the differences between a child or young person and his or her parents are so serious that it is no longer possible for the child or young person to continue living with his or her parents.

111   When does this Part apply?

(1)  This Part applies:

(a)  if there is a serious or persistent conflict between the parents and the child or young person of such a nature that the safety, welfare or well-being of the child or young person is in jeopardy, or

(b)  if the parents are unable to provide adequate supervision for the child or young person to such an extent that the safety, welfare or well-being of the child or young person is in jeopardy.

(2)  The provisions of this Part apply in addition to the provisions of Chapters 3, 4 and 5.

112   What principle is to be applied in the administration of this Part?

(1)  The principle to be applied in the administration of this Part in its application to children is that the parents of a child should have responsibility for the child unless it is not in the best interests of the child that his or her parents have responsibility for him or her.

(2)  The provisions of this section apply in addition to the provisions of sections 9–13.

113   Request for assistance

(1)  A parent, child or young person, or any other person may ask the Director-General for assistance:

(a)  if there is a serious or persistent conflict between the parents and the child or young person of such a nature that the safety, welfare or well-being of the child or young person is in jeopardy, or

(b)  if the parents are unable to provide adequate supervision for the child or young person to such an extent that the safety, welfare or well-being of the child or young person is in jeopardy.

(2)  On receiving a request for assistance, the Director-General may provide or arrange for the provision of such advice or assistance as is necessary:

(a)  to help the parents and the child or young person to resolve the conflict between them without recourse to legal proceedings, or

(b)  to ensure that the child or young person is adequately supervised, or

(c)  to enable the child or young person and his or her parents to have access to appropriate services.

114   Alternative dispute resolution

(1)  If the differences between a child or young person and his or her parents are so serious that it is no longer possible for the child or young person to continue living with his or her parents, the child, the young person, or a parent or the parents may request the Director-General to attempt to resolve those differences.

(2)  On receiving a request, the Director-General must seek to resolve the differences, by any form of dispute resolution the Director-General considers appropriate, prior to making an application to the Children’s Court for appropriate orders.

115   Alternative parenting plan

(1)  In this Chapter, alternative parenting plan means a plan:

(a)  that sets out the way in which the needs of the child or young person are proposed to be met having regard to the breakdown in the relationship between the child or young person and his or her parents, and

(b)  that may include proposals concerning the following:

(i)  allocation of parental responsibility or specific aspects of parental responsibility,

(ii)  residential arrangements,

(iii)  supervision,

(iv)  contact arrangements,

(v)  education and training,

(vi)  medical care,

(vii)  the provision of services.

(2)  In seeking to resolve conflict of a kind to which this Chapter applies:

(a)  the Director-General must formulate an alternative parenting plan if the Director-General is a party to the proceedings, and

(b)  any party may formulate an alternative parenting plan if the Director-General is not a party to the proceedings.

116   Application for order for alternative parenting plan

(1)  If the differences between a child or young person and his or her parents are so serious that it is no longer possible for the child or young person to continue living with his or her parents, the child or young person, a parent or the parents, or the Director-General may make an application to the Children’s Court for an order approving an alternative parenting plan.

(2)  An application is to be accompanied by an alternative parenting plan.

(3)  The Children’s Court must not make an order unless it is satisfied that the parents and the child or young person have been advised of the desirability of seeking legal advice concerning any proposed changes to the allocation of parental responsibility and:

(a)  that all appropriate steps that could be taken to resolve the matter have been taken and that all other appropriate forms of dispute resolution have been exhausted, or

(b)  that no useful purpose would be served in taking those steps or other forms of dispute resolution.

(4)  The Children’s Court may order a person who makes an application under this section to notify those persons whom the Children’s Court specifies of the making of the application.

Note. Section 256A sets out the circumstances in which the Children’s Court may dispense with service.

117   Adjournment

The Children’s Court may adjourn an application for an order approving an alternative parenting plan in order that further assessment, counselling or mediation may be carried out.

118   Court orders

(1)  The Children’s Court may make such orders as it considers appropriate to give effect to a proposed alternative parenting plan or specified parts of the plan.

(2)  In considering whether to make an order with respect to a child or young person, the Children’s Court is to have regard to the following:

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

(b)  the age of the child or young person,

(c)  the maturity of the child or young person,

(d)  the capacity of the child or young person for independent living,

(e)  the practical and emotional supports available to the child or young person.

Note. In accordance with its power to monitor its orders, the Children’s Court may monitor an order giving effect to an alternative parenting plan.

119   Registration of certain alternative parenting plans

(1)  A party to an alternative parenting plan that has been made with the agreement of:

(a)  all persons having existing parental responsibility for the child or young person to whom the alternative parenting plan applies, and

(b)  the child or young person,

      may apply to the Children’s Court for registration of the plan.

(2)  The regulations may make provision with respect to such an application.

(3)  The Children’s Court may register an alternative parenting plan if:

(a)  it is of the opinion that it is necessary and appropriate for the care and protection of the child or young person to whom it applies, and

(b)  the child or young person and his or her parents have been advised of the desirability of seeking legal advice concerning changes to the allocation of parental responsibility.

(4)  On registration, an alternative parenting plan has the same effect as if it had been approved by order of the Children’s Court.

Part 2 Homelessness

120   Homelessness of children

(1)  Any person may report the homelessness of a child to the Director-General.

(2)  On receipt of a report, the Director-General must conduct such investigation and assessment concerning the child as the Director-General considers necessary.

(3)  The Director-General may provide or arrange for the provision of services, including residential accommodation, where appropriate, for a child whose homelessness has been reported to the Director-General.

121   Homelessness of young persons

Any person may, with the consent of the young person, report the homelessness of a young person to the Director-General.

122   Mandatory reporting of child who lives away from home without parental permission

A person who provides residential accommodation for another person who the person has reasonable grounds to suspect:

(a)  is a child, and

(b)  is living away from home without parental permission,

must, as soon as practicable, inform the Director-General of the child’s whereabouts.

Maximum penalty: 200 penalty units.

Note. The police will notify the Director-General of the details of children who have been reported to the police as missing. If the Director-General becomes aware that a child reported as missing is safe, the Director-General is required to advise the police that the child is safe but not of the whereabouts of the child. The purpose of this provision is to avoid wasting resources in having the police search for missing children whose whereabouts are known to the Director-General.

The parents should be informed that the child is safe, but nothing in this section requires any person to reveal the whereabouts of the child to a person other than the Director-General.

Part 3

123–133B(Repealed)