Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 90

90 Notice of removal from care

(1) This section applies if the chief executive—

(a) has custody or guardianship of the child under a child protection order; or

(b) has custody of the child under a care agreement.

(2) As soon as practicable after making the decision to remove the child from the care of the child’s carer, the chief executive must give written notice of the decision to the carer and the child unless—

(a) the child is placed in the carer’s care for less than 7 days; or

(b) if the child is in the care of an approved carer—the child is removed under a provision of the agreement under section 84 relating to the duration of the child’s care.

(3) The notice to the carer must state the following—

(a) the reasons for the decision;

(b) if, under section 91 , the carer is entitled to apply to have the decision reviewed—

(i) the carer may apply to the tribunal to have the decision reviewed; and

(ii) how, and the time within which, the carer may apply to have the decision reviewed; and

(iii) any right the carer has to have the operation of the decisions stayed.

(4) The notice to the child must state—

(a) the reasons for the decision; and

(b) that the child may apply to the tribunal to have the decision reviewed; and

(c) how, and the time within which, the child may apply to have the decision reviewed; and

(d) any right the child has to have the operation of the decisions stayed.

(5) Subsection (4) (b) to (d) do not apply if—

(a) the child was placed with the carer under a care agreement; or

(b) the carer is a provisionally approved carer.