Daily care responsibility for children and young people
19 Daily care responsibility for children and young people
A person who has daily care responsibility for a child or young person has responsibility for, and may make decisions about, the child’s or young person’s daily care.
Examples—daily care responsibilities and decisions
1 where and with whom the child or young person lives
2 people with whom the child or young person may, or must not, have contact
3 arrangements for temporary care of the child or young person by someone else
4 everyday decisions, including, for example, about the personal appearance of the child or young person
5 daily care decisions about education, training and employment
A person who has daily care responsibility for a child or young person may do any of the following:
consent to a health care assessment of the child’s or young person’s physical or mental wellbeing and have access to the assessment report;
on the advice of a health practitioner—consent to health care treatment, not including surgery (other than surgery mentioned in paragraph (c)), for the child or young person;
on the advice of a dentist or dental therapist—consent to dental treatment, including minor dental surgery, for the child or young person.
If the person makes a decision about the people with whom the child or young person may have contact, the person is also responsible for arrangements to give effect to the decision.
This section does not limit the matters for which the person has responsibility to make decisions for the child or young person, but is subject to—
a court order (under this Act or another law); and
Examples
1 A decision by a person who has daily care responsibility for a child about people with whom the child may or may not have contact is subject to a care and protection order that includes a contact provision about who may, or must not, have contact with the child.
2 A decision by a person who has daily care responsibility for a child or young person about where and with whom the child or young person lives is subject to a care and protection order that includes a residence provision.
3 The Childrens Court makes a care and protection order for a young person that includes a parental responsibility provision that a stated person who has daily care responsibility for the young person must exercise it in a stated way. The person’s exercise of daily care responsibility for the young person is subject to the order.
if there is a care plan in force for the child or young person—the care plan.
A care plan for a child or young person is a written plan of the director‑general’s proposals for the care and protection of the child or young person (see s 455).
To remove any doubt, this section does not affect any right of a child or young person to consent to their own health care treatment.
In this section:
dental therapist—
means a person registered under the Health Practitioner Regulation National Law (ACT) Act 2010 to practise the health profession of dental therapist (other than as a student); and
for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
health care assessment, of a child or young person, means an assessment of the child’s or young person’s physical or mental wellbeing (including admission to hospital).
This Act’s bill:Explanatory statementSecond reading speech
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