Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 319

    (1)     The Court may make a permanent care order in respect of a child if—

        (a)     the child's parent or, if the child's parent has died, the child's surviving parent has not had care of the child for a period of at least 6 months or for periods that total at least 6 months of the last 12 months; and

        (b)     it is satisfied that—

S. 319(1)(b)(i) amended by No. 61/2014 s. 58.

              (i)     the parent is unable or unwilling to resume parental responsibility for the child; or

S. 319(1)(b)(ii) amended by No. 61/2014 s. 58.

              (ii)     it would not be in the best interests of the child for the parent to resume parental responsibility for the child; and

S. 319(1)(c) amended by No. 61/2014 s. 58.

        (c)     it is satisfied that the person or persons named in the application as suitable to have parental responsibility for the child is or are suitable having regard to—

              (i)     any prescribed matters; and

              (ii)     any wishes expressed by the parent in relation to those prescribed matters; and

S. 319(1)(d) amended by No. 61/2014 s. 58.

        (d)     it is satisfied that the person or persons named in the application is or are willing and able to assume responsibility for the permanent care of the child by having parental responsibility for the child; and

        (e)     it is satisfied that, so far as is practicable, the wishes and feelings of the child have been ascertained and due consideration given to them, having regard to the age and understanding of the child; and

        (f)     it is satisfied that the best interests of the child will be promoted by the making of the order.

    (2)     Any period that the child is in the care of a person or body under a child care agreement within the meaning of Part 3.5 must be disregarded in calculating any period under subsection (1).