Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 83A

83A Giving information to carers and children

(1) Before placing the child in care under section 82 , the chief executive must—

(a) give to the proposed carer the information that the chief executive has about the child that the proposed carer reasonably needs to help him or her make an informed decision whether to agree to the placement, including, for example, the following information—

(i) information about why the chief executive has custody or guardianship of the child;

(ii) information about any special needs of the child;

Examples of special needs of a child—

• physical or intellectual disabilities or impairments the child has

• allergies, other physical or mental health conditions, or other medical conditions the child has

• medications the child requires

(iii) the proposed length of time of the placement;

(iv) information the carer will reasonably need to ensure the safety of the child, the carer and other members of the carer’s household; and

(b) give the child information the chief executive has about the proposed carer and members of the proposed carer’s household that the child reasonably needs to participate meaningfully in the decision about who will be the child’s carer; and

(c) if possible, give the child an opportunity to meet the proposed carer and members of the proposed carer’s household.

(2) When placing the child in care, and while the child is in care, the chief executive must give the carer information that the chief executive has relating to the child that the carer reasonably needs—

(a) to provide care for the child under this Act; and

Examples of information a carer may reasonably need to provide care for a child under this Act—

• information that corrects or updates the information given to the carer under subsection (1)

• a copy of the child’s case plan

• information about the child’s goals, personality, preferences and behaviours

• information about any special behavioural management needs of the child

• information about the child’s family, culture and background

• information about any arrangements for contact between the child and the child’s family group

• information about the cultural needs of the child

(b) to ensure the safety of the child, the carer and other members of the carer’s household.

(3) If the child is placed in the care of a licensee—

(a) a requirement under subsection (1) or (2) to give information to the proposed carer or carer applies to the licensee instead of the chief executive; and

(b) the chief executive must give the licensee the information that the chief executive has about the child that the licensee needs to comply with the requirement.

(4) In deciding the information about the child to give to someone under this section, the chief executive must have regard to—

(a) the views and wishes of the child, having regard to the child’s age and ability to understand; and

(b) the proposed length of time of the placement; and

(c) the child’s right to privacy under the charter of rights.

(5) Before giving information about the child to someone under this section, the chief executive must tell the child what information is being given and why it is being given.

(6) The chief executive must ensure the information given under this section is—

(a) comprehensive; and

(b) in a form that will be easily understood by the person to whom the information is given.

(7) In this section—

"carer" , in relation to a child, means—

(a) if the child is placed in the care of an approved carer—the approved carer; or

(b) if the child is placed in the care of another entity—the individual who directly provides care to the child.