Section 288 (which sets out the circumstances by which a family reunification order lapses) will apply to a care by Secretary order. New section 289A which is inserted into the Principal Act allows a care by Secretary order to change to a family preservation order when the parent resumes parental responsibility for the child, on the direction of the Secretary. The Secretary must give a copy of a direction made to the Court, the child and the child's parent, and may apply to the Court to determine conditions for the order. The Court may determine conditions for the order of a kind referred to in section 281 without requiring attendance by the parties. New section 289A will allow parents to resume parental responsibility for the child, and conditions to be placed on family preservation orders deemed under subsection (1), expediently. Clause 31 substitutes a new Division 8 of Part 4.9 into the Principal Act, which reflects that "long-term care orders" replace the previous "long-term guardianship to Secretary orders", and that the concept of "guardianship" is replaced with "parental responsibility". Under new section 290, a long term care order confers sole parental responsibility for the child on the Secretary, remains in force until the child turns 18 years or the child marries, whichever happens first, and may be made instead of extending a care by Secretary order. Previously, a long-term guardianship to Secretary order could only be made in respect of a child who is 12 years and older. This is no longer a prerequisite to making a long-term care order. The Secretary must review the order every 12 months. Following review, the Secretary may end the order, with the agreement of the child's parents and the child (if aged 10 years or older). The Secretary must notify the Court of the Secretary's determination and the order will end on the latter of: 12 months after the order was made or the date of the Court notice. The Secretary must also notify the Court, the child if aged 10 years or older, child's parents and any other person directed by the Court if the order will end early.
Section 288 (which sets out the circumstances by which a family reunification order lapses) will apply to a care by Secretary order. New section 289A which is inserted into the Principal Act allows a care by Secretary order to change to a family preservation order when the parent resumes parental responsibility for the child, on the direction of the Secretary. The Secretary must give a copy of a direction made to the Court, the child and the child's parent, and may apply to the Court to determine conditions for the order. The Court may determine conditions for the order of a kind referred to in section 281 without requiring attendance by the parties. New section 289A will allow parents to resume parental responsibility for the child, and conditions to be placed on family preservation orders deemed under subsection (1), expediently. Clause 31 substitutes a new Division 8 of Part 4.9 into the Principal Act, which reflects that "long-term care orders" replace the previous "long-term guardianship to Secretary orders", and that the concept of "guardianship" is replaced with "parental responsibility". Under new section 290, a long term care order confers sole parental responsibility for the child on the Secretary, remains in force until the child turns 18 years or the child marries, whichever happens first, and may be made instead of extending a care by Secretary order. Previously, a long-term guardianship to Secretary order could only be made in respect of a child who is 12 years and older. This is no longer a prerequisite to making a long-term care order. The Secretary must review the order every 12 months. Following review, the Secretary may end the order, with the agreement of the child's parents and the child (if aged 10 years or older). The Secretary must notify the Court of the Secretary's determination and the order will end on the latter of: 12 months after the order was made or the date of the Court notice. The Secretary must also notify the Court, the child if aged 10 years or older, child's parents and any other person directed by the Court if the order will end early.
571356exi1.docx