Australian Capital Territory Numbered Acts

ADOPTION AMENDMENT ACT 2009 (NO 2) (NO. 36 OF 2009) - SECT 15

after section 35, insert

Division 3.4     Placement of child or young person before adoption

35A     Placement of child or young person before adoption

    (1)     The chief executive may place a child or young person in the care of a person if—

        (a)     the chief executive is the guardian of the child or young person; and

        (b)     the person—

              (i)     is on the register of suitable people; and

              (ii)     intends to apply for an adoption order for the child or young person; and

              (iii)     has asked the chief executive, in writing, to place the child or young person in the person's care until the application is decided; and

Note     If a form is approved under s 120A for this provision, the form must be used.

        (c)     the child or young person has been consulted under section 35B; and

        (d)     if the child or young person is an Aboriginal or Torres Strait Islander child or young person—the additional requirements mentioned in section 6 (Aboriginal and Torres Strait Islander child or young person—additional requirements) have been complied with.

    (2)     The chief executive must not place a child or young person in the care of a person under subsection (1) unless the chief executive considers that the person is suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person).

    (3)     The chief executive must remove a child or young person from the care of a person with whom the child or young person has been placed under this section if—

        (a)     the person is no longer on the register of suitable people; or

        (b)     the chief executive considers that the person is no longer suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c); or

        (c)     within 1 year after the child or young person is placed in the care of the person under this section, the person has not applied for an adoption order for the child or young person.

    (4)     A person given care of a child under this section has daily care responsibility for the child or young person.

    (5)     In this section:

"daily care responsibility"—see the Children and Young People Act 2008 , section 19.

35B     Consultation with child or young person before deciding placement

    (1)     Before deciding about the placement of a child or young person under section 35A, the chief executive must, if reasonably practicable, give the child or young person—

        (a)     information about the proposed placement, in language and in a way that the child or young person can understand; and

        (b)     the opportunity to freely express his or her views about the proposed placement; and

        (c)     assistance in understanding the information provided and in expressing his or her views, if required; and

        (d)     the opportunity for counselling, if required.

    (2)     The consultation under subsection (1) must be appropriate taking into account the best interests of the child or young person.

Note     See s 5 for the matters that must be taken into account by a decision-maker in forming a view about the best interests of a child or young person.