Child Protection Reform Amendment Bill 2017 (Qld)

An Act to amend the Adoption Act 2009, the Child Protection Act 1999, the Director of Child Protection Litigation Act 2016 and the Public Guardian Act 2014 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Child Protection Reform Amendment Act 2017.

2 Commencement This Act commences on a day to be fixed by proclamation.

Part 2 Amendment of the Child Protection Act 1999

3 Act amended This part amends the Child Protection Act 1999.

4 Amendment of s 5A (Paramount principle) (1) Section 5A, after 'of a child'— insert— , both through childhood and for the rest of the child's life, (2) Section 5A, example, 'best interests, and'— omit, insert— best interests (whether immediate or long-term in nature), and

5 Amendment of s 5B (Other general principles) (1) Section 5B(k)— omit. (2) Section 5B(l) to (n)— renumber as section 5B(k) to (m).

6 Insertion of new s 5BA After section 5B— insert—

5BA Principles for achieving permanency for a child (1) The principles stated in this section are relevant to making decisions about actions to be taken, or orders to be made, under this Act. (2) For ensuring the wellbeing and best interests of a child, the action or order that should be preferred, having regard to the principles mentioned in sections 5B and 5C, is the action or order that best ensures the child experiences or has— (a) ongoing positive, trusting and nurturing relationships with persons of significance to the child, including the child's parents, siblings, extended family members and carers; and (b) stable living arrangements, with connections to the child's community, that meet the child's developmental, educational, emotional, health, intellectual and physical needs; and Example— living arrangements that provide for a stable and continuous schooling environment (c) legal arrangements for the child's care that provide the child with a sense of permanence and long-term stability, including, for example, a long-term guardianship order, a permanent care order or an adoption order for the child. Note— See sections 62 and 64 about the restrictions on the duration or extension of child protection orders granting custody or short-term guardianship. (3) For this Act, permanency, for a child, means the experience by the child of having the things mentioned in subsection (2)(a) to (c). (4) For deciding whether an action or order best achieves permanency for a child, the following principles also apply, in order of priority— (a) the first preference is for the child to be cared for by the child's family; (b) the second preference is for the child to be cared for under the guardianship of a person who is a member of the child's family, other than a parent of the child, or another suitable person; (c) the third preference is for the child to be cared for under the guardianship of the chief executive.