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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Children's Protection (Grandparents and Family Care)
Amendment Bill 2010
A BILL FOR
An Act to amend the Children's
Protection Act 1993.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Children's
Protection Act 1993
4Amendment of section 3—Objects of
Act
5Amendment of section 4—Fundamental
principles
6Amendment of section 9—Voluntary custody
agreements
7Amendment of section 21—Orders Court may
make
8Amendment of section 28—Purpose of family
care meetings
9Amendment of section 37—Application for
care and protection order
10Insertion of section
47AA
47AARight of member of
child's family to be heard
11Amendment of section 47A—Right of other
interested parties to be heard
12Amendment of section 51—Powers of
Minister in relation to children under the Minister's care and
protection
13Amendment of section 52C—Guardian's
functions and powers
14Amendment of section 52F—Establishment
of Council
15Amendment of section 52J—Functions of
Council
16Insertion of section
55
55Assistance to disabled
persons caring for children
17Insertion of section
60A
60AInformation to be
included in annual report
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Children's Protection (Grandparents and
Family Care) Amendment Act 2010.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Children's Protection
Act 1993
4—Amendment
of section 3—Objects of Act
Section 3—after paragraph (d) insert:
and
(e) to recognise the important role that grandparents and other members of
a child's extended family can play in providing nurture, care and protection to
a child, including when the child is at risk.
5—Amendment
of section 4—Fundamental principles
(1) Section 4(4)—after paragraph (a) insert:
Note—
Under section 6, family is defined to include a child's
extended family and, in the case of Aboriginal or Torres Strait Islander
children, persons related according to kinship rules.
(2) Section 4—after subsection (5) insert:
(5a) Subject to the other provisions of this section, a child who is to be
placed in alternative care should, if possible, be placed with his or her
grandparents or another member of the child's family.
6—Amendment
of section 9—Voluntary custody agreements
Section 9—after subsection (7) insert:
(8) Subject to section 4, a child of whom the Minister has the custody by
virtue of a custody agreement should, if possible, reside with the child's
grandparents or another member of the child's family.
7—Amendment
of section 21—Orders Court may make
Section 21—after subsection (1) insert:
(1a) The Court may,
when determining an application under this Division, recommend to the Minister
that consideration be given to placing the child the subject of the application
with the child's family or with a particular member of the child's
family.
8—Amendment
of section 28—Purpose of family care meetings
Section 28—after its present contents (now to be designated as
subsection (1)) insert:
(2) Consideration must be given at a family care meeting as to whether the
care and protection of a child would best be secured by an arrangement whereby
the child is placed with his or her grandparents or other members of his or her
family.
9—Amendment
of section 37—Application for care and protection
order
Section 37—after subsection (1a) insert:
(1b) If the Minister is of the opinion that a child who is the subject of
an application under subsection (1) or (1a) should not reside with the child's
parents, the Minister must include in the application—
(a) a statement of
that opinion; and
(b) an indication of
the Minster's opinion as to whether the child should be placed with another
member of the child's family; and
(c) the reasons for the opinions referred to in
paragraphs (a) and
(b).
After section 47 insert:
47AA—Right of member of child's family to be
heard
(1) If a member of
the family of a child who is the subject of proceedings to which this section
applies notifies the Court, by notice in a form approved by the Senior Judge,
that he or she wishes to participate in the proceedings, the Court may do 1 or
more of the following:
(a) invite the family member to attend any hearing of the
proceedings;
(b) join the family member as a party to the proceedings;
(c) hear submissions from the family member in relation to the proceedings
(whether or not the family member is joined as a party to the
proceedings).
(2) The Court may, before exercising its powers under
subsection (1),
conduct a hearing for the purpose of determining whether the family member
should be invited to participate in the proceedings, and, if so, the nature of
the participation.
(3) A family member who participates in proceedings is entitled to be
represented at the proceedings by a legal practitioner.
(4) If an employee of the Department is aware that a member of a child's
family wishes to participate in proceedings relating to the care and protection
of the child, the employee must advise the family member of his or her rights
under this section in relation to proceedings to which this section applies
involving the child.
(5) This section applies to proceedings on an application
for—
(a) an investigation and assessment order; or
(b) a care and protection order; or
(c) an order under Part 8 to transfer a child protection order or a child
protection proceeding.
11—Amendment
of section 47A—Right of other interested parties to be
heard
Section 47A(a)—delete paragraph (a)
12—Amendment
of section 51—Powers of Minister in relation to children under the
Minister's care and protection
Section 51(2)—delete "the Minister must, if appropriate, have regard
to the desirability of securing settled and permanent living arrangements for
the child" and substitute:
the Minister must—
(a) if appropriate, have regard to the desirability of securing settled
and permanent living arrangements for the child; and
(b) if it is not possible or desirable to place the child, or permit the
child to remain, with a parent of the child—endeavour to place the child
with the child's grandparents or another member of the child's family.
13—Amendment
of section 52C—Guardian's functions and powers
Section 52C(1)—after paragraph (e) insert:
(ea) to inquire into, and provide advice to the Minister in relation to,
the extent to which the Minister, the Court and the Department have endeavoured
to ensure that, where possible, children in alternative care are placed with
family members;
14—Amendment
of section 52F—Establishment of Council
Section 52F(3)—after paragraph (b) insert:
and
(c) at least 1 person who has experience of maintaining and caring for a
child to whom the person is related (other than as a parent) on a residential
basis,
15—Amendment
of section 52J—Functions of Council
Section 52J(e)—after subparagraph (v) insert:
and
(vi) ensuring that children in alternative care are, to the fullest extent
possible, placed with grandparents or other family members who are able to care
for them and that family members are given the opportunity to participate in
caring for children who require alternative care and are provided with financial
support (where appropriate) in respect of such care;
Before section 56 insert:
55—Assistance to disabled persons caring for
children
(1) A person involved in the administration of this Act must ensure that a
family member of a child who wishes to participate in providing for the care and
maintenance of the child is not discouraged from doing so merely because the
family member is disabled.
(2) The Chief Executive must ensure that a disabled person in whose care a
child has been placed pursuant to an order of a court, an exercise of
administrative powers under an Act or an agreement made by a family care meeting
is provided with any assistance the person reasonably requires to enable the
person to provide for the care and maintenance of the child.
After section 60 insert:
60A—Information to be included in annual
report
The annual report of the Department must include the following
information:
(a) the number of children placed in alternative care with a family member
(other than the child's parent) during the relevant year, including the number
of such placements as a percentage of all placements for that year;
(b) the number of children under the guardianship of the Minister pursuant
to an order of the Court under section 38(1)(d) placed in alternative care
with a family member (other than the child's parent) during the relevant year,
including the number of such placements as a percentage of all placements for
that year;
(c) a summary, preferably in a statistical form, of the reasons given
where children in alternative care have been placed with persons who are not
family members;
(d) summaries of particular cases involving successful placement of
children with family members (other than parents) and successful placement of
children with persons unrelated to the child.