Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 287A

Determining the period of a family reunification order

    (1)     This section applies to the determination of the period of a family reunification order for a child who is or has been in out of home care as a result of any of the following orders

        (a)     an interim accommodation order;

        (b)     a family reunification order;

        (c)     a care by Secretary order;

        (d)     a long-term care order;

        (e)     a therapeutic treatment (placement) order.

    (2)     If the child has been in out of home care for less than 12 months under one or more orders specified in subsection (1), the period specified in a family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period that exceeds 12 months commencing on the date that the child is first placed in out of home care under the first of those orders.

    (3)     If the child has been in out of home care for 12 months or more but less than 24 months under one or more orders specified in subsection (1), the period specified in a family reunification order must not have the effect that the child will be placed in out of home care for a cumulative period that exceeds 24 months commencing on the date that the child is first placed in out of home care under the first of those orders.

    (4)     For the purposes of determining a cumulative period under this section—

        (a)     any period that the child is in out of home care under a child care agreement under Part 3 or under a private arrangement made by a parent is to be disregarded; and

S. 287A(4)(b) amended by No. 8/2016 s. 9(1).

        (b)     any period that the child is being cared for by a parent under an interim accommodation order, an undertaking or a family preservation order under this Part, including after that order or undertaking ceases to be in force, must be disregarded; and

S. 287A(4)(c) amended by No. 8/2016 s. 9(2).

        (c)     any period that the child was in out of home care must be disregarded if the child has subsequently been in the care of a parent without the child being subject to any order under this Part.

S. 288 (Heading) amended by No. 61/2014 s. 28(1).



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