Queensland Numbered Acts Queensland Numbered ActsChapter 2, after part 3A--
insert--
'This part applies to a child if--
(a) the chief executive is satisfied the child--
(i) is a child in need of protection; and
(ii) needs ongoing help under this Act; and
(b) there is no child protection order in force granting custody or guardianship of the child to anyone.
'The intervention for the child is the action taken by the chief executive to give the ongoing help that the child needs.
Examples--
giving support services to the child and his or her family
arranging for the child to be placed in care under a care agreement
'The chief executive must give proper consideration to intervening with the parents' agreement if--
(a) the chief executive is satisfied--
(i) the child's parents are able and willing to work with the chief executive to meet the child's protection and care needs; and
(ii) it is likely that, by the end of the proposed intervention, the child's parents will be able to meet the child's protection and care needs; and
(b) the child's view and wishes, if able to be ascertained, have been considered.
'If the chief executive decides to intervene with the parents' agreement, the chief executive must--
(a) encourage and facilitate the participation of the child and child's parents in--
(i) decisions about the most appropriate intervention for the child; and
(ii) the carrying out of the intervention; and
(b) encourage and facilitate the parents' continuing involvement, during the intervention, with the child's life and care.
'A care agreement is an agreement between the chief executive and the child's parents for the short-term placement of the child in the care of someone other than the parents.
Note--
Section 82 deals with the persons in whose care the child may be placed under a care agreement.
'(1) The chief executive may enter a care agreement for the child if satisfied--
(a) it would be in the child's best interests to be temporarily placed in the care of someone other than the child's parents; and
(b) it is not likely that, if the parents end the agreement, the child will be at immediate risk of harm.
'(2) The chief executive must obtain and have regard to the child's views before entering the care agreement, unless the child is unable to form and express views, taking into account the child's age and ability to understand.
'(3) The child may also be a party to the care agreement.
'(1) A care agreement must be in the approved form, signed by the parties.
'(2) A care agreement must state the following--
(a) the name of the person in whose care the child is to be placed;
(b) the period of the agreement;
(c) where the child will be living;
(d) arrangements for contact between the child and his or her parents;
(e) the type of decisions relating to the child for which the parents must be consulted.
'While a care agreement is in force for the child, the chief executive has custody of the child.
'(1) Subject to this division, a care agreement has effect for the period stated in it.
'(2) When a care agreement is entered into, the initial period of operation stated in it must not be more than 30 days.
'(3) A care agreement must not be made if the total of the following periods would be more than 6 months--
(a) the initial period of the proposed agreement:
(b) the period for which any other care agreement was in force for the child within the previous 12 months.
'(4) Before a care agreement ends, it may be extended by agreement of the parties.
'(5) A care agreement may be extended more than once.
'(6) A care agreement must not be extended if the total of the following periods would be more than 6 months--
(a) the period for which the agreement has been in force;
(b) the period of the proposed extension;
(c) the period for which any other care agreement was in force for the child within the 12 months before the extension.
'(7) The chief executive must not agree to an extension unless--
(a) a case plan is in force for the child; and
(b) the chief executive is satisfied the extension would be in the child's best interests, having regard to the progress made under the case plan and the child's developmental needs.
'(1) A party to a care agreement may end the agreement at any time by giving at least 2 days notice to the other parties.
'(2) A care agreement ends automatically if--
(a) a child protection order is made granting custody or guardianship of the child to the chief executive or someone else; or
(b) the chief executive otherwise gains custody or guardianship of the child under this Act.'.