South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 84

84—Chief Executive's powers in relation to children and young people in Chief Executive's custody or guardianship

        (1)         Subject to this Act, the Chief Executive may, in relation to a child or young person who is in the custody, or under the guardianship, of the Chief Executive, from time to time do 1 or more of the following:

            (a)         place the child or young person, or permit the child or young person to remain, in the care of a member of their family;

            (b)         place the child or young person in the care of any other suitable person;

            (c)         remove the child or young person from the care of a person referred to in a preceding paragraph;

            (d)         place the child or young person in a licensed children's residential facility, or a residential facility (not being a training centre) established or licensed under the Family and Community Services Act 1972 , or in any other suitable place;

            (e)         give such directions relating to the care of a child or young person referred to in a preceding paragraph as the Chief Executive thinks fit;

            (f)         make arrangements for the education of the child or young person;

            (g)         make arrangements (including admission to hospital) for the professional examination, assessment or treatment of the child or young person;

            (h)         make such other provision for the care of the child or young person as the circumstances of the case may require.

        (2)         To avoid doubt, nothing in this section limits the operation of section 71 or 77.

        (3)         In exercising a power under this section, the Chief Executive—

            (a)         must have regard to the principles of intervention, the placement principles and, if relevant, the Aboriginal and Torres Strait Islander Child Placement Principle; and

            (b)         must keep in mind that leaving the child or young person under the guardianship, or in the custody of, the Chief Executive is the least preferred option; and

            (c)         should exercise the power in a manner that is consistent with this Act and any relevant policy published under section 19.

        (4)         To the extent that the child or young person is willing and able to do so, a child or young person who is affected by a decision of the Chief Executive under this section should be involved in the decision-making process (and, in particular, their views should be given due weight in making the decision, in accordance with their developmental capacity and the circumstances of the case).

        (5)         The Chief Executive must keep each parent and guardian (if the Chief Executive is not the guardian) of a child or young person informed about where the child or young person is placed and how the child or young person is being cared for, unless the Chief Executive is of the opinion that it would not be in the best interests of the child or young person to do so.