Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 397

The director-general may enter into a voluntary care agreement only if—

        (a)     the director-general has considered whether another form of assistance would be preferable; and

Examples—another form of assistance

1     organising for the child or young person to be cared for by someone else with daily care responsibility, or long-term care responsibility, for the child or young person

2     organising for the child or young person to be cared for by a family member

        (b)     the director-general is satisfied that a voluntary sharing of daily care responsibility or long-term care responsibility for the child or young person is necessary to ensure the child's or young person's wellbeing; and

        (c)     if the director-general is satisfied that the child or young person has sufficient developmental capacity to understand that it is proposed that the child or young person will be temporarily cared for by a person who is not the child's or young person's former caregiver—the director-general finds out and considers the child's or young person's views and wishes; and

        (d)     for a voluntary care agreement in relation to a young person who is 15 years old or older, the director-general—

              (i)     obtains the young person's agreement to the voluntary care agreement; or

              (ii)     is satisfied that the young person does not have sufficient maturity or developmental capacity to understand and agree to the proposed voluntary care agreement.