Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 101

Extension of custody to Secretary order beyond 2 years

101. Extension of custody to Secretary order beyond 2 years



(1) If-





   (a)  a custody to Secretary order has been in force for a period of more
        than 12 months but less than 2 years; and



   (b)  the order is still in force-

the Secretary may apply to the Court for an extension of the period of the
order.

(2) If an application is made under sub-section (1) the
custody to Secretary order continues in force until the application is
determined.

(3) On an application under sub-section (1) the Court must give due
consideration to the following matters in the following order-

   (a)  the likelihood of the re-unification of the child with his or her
        parent;

   (b)  the appropriateness of making a permanent care order in respect of the
        child;

   (c)  the benefits for the child of remaining in the custody of the
        Secretary.



(4) In determining whether or not to extend the period of a
custody to Secretary order on an application under sub-section (1), the Court
must take into account-

   (a)  the safety and well-being of the child; and



   (b)  the nature of the relationship of the child with his or her parent,
        including the nature of the access between the child and the parent
        during the period of the order; and

   (c)  the capacity of the parent to fulfil the responsibilities and duties
        of parenthood, including the capacity to provide adequately for the
        emotional, intellectual, educational and other needs of the child; and

   (d)  any action taken by the parent to give effect to the goals set out in
        the case plan; and

   (e)  the effects on the child of continued separation from the parent; and

   (f)  any other fact or circumstance that, in the opinion of the Court,
        should be taken into account in considering the welfare and interests
        of the child.

(5) On an application under sub-section (1) the Court, if satisfied that it
would not be in the best interests of the child to be returned to the custody
of his or her parent, may-

   (a)  if satisfied that a permanent care order or similar order made by
        another court would be in the best interests of the child and that
        there is no likelihood of re-unification of the child with his or her
        parent, extend the custody to Secretary order for a period not
        exceeding 12 months and direct the Secretary to take steps to ensure
        that at the end of the period of the order a person other than the
        child's parent applies to a court for an order relating to-

   (i)  the custody; or

   (ii) the custody and guardianship; or

   (iii) the custody and joint guardianship-

of the child; and

   (b)  in any other case, extend the order for a period not exceeding 2 years
        if it is satisfied that it is in the best interests of the child to do
        so.

(6) On an application under sub-section (1) the Court must make the order
applied for if it is satisfied that-

   (a)  the Secretary and the child's parent have agreed on the terms of the
        order; and



   (b)  the extending of the custody to Secretary order accords with the
        wishes and feelings of the child so far as they have been capable of
        being ascertained having regard to the age and understanding of the
        child; and

   (c)  the extending of the custody to Secretary order is in the best
        interests of the child.



(7) The Court must not make an order under this section unless it has received
and considered a disposition report.