Section 128 — Children, Young Persons, and Their Families Act 1989: Court to obtain and consider plan for child or young person before making certain orders

128 Court to obtain and consider plan for child or young person before making certain orders (1) Where the Court proposes to make any one or more of the orders specified in subsection (2) of this section in respect of any child or young person, the Court shall, before making any such order, obtain, in relation to that child or young person, a plan prepared in accordance with sections 129 and 130 of this Act. (2) The orders referred to in subsection (1) of this section are as follows: (a) A services order under section 86 of this Act : (b) A support order under section 91 of this Act in respect of any child or young person: (c) An order (other than an interim order) under section 101 of this Act placing any child or young person in the custody of any person: (d) An order under section 110 of this Act appointing any person as the sole guardian of a child or young person. (3) Where, pursuant to subsection (1) of this section, the Court is required to obtain a plan in relation to a child or young person, that plan shall be prepared notwithstanding that a plan prepared pursuant to this section is already in force in relation to that child or young person, and on the preparation of that plan any plan already in force in relation to the child or young person shall cease to be in force. (4) Notwithstanding anything in subsection (1) of this section, where— (a) The Court proposes to make an order in respect of a child or young person; and (b) But for this subsection, the Court would be required, pursuant to subsection (1) of this section, to obtain a plan in respect of the order; and (c) The making of the order would be in accordance with a decision, recommendation, or plan made or formulated by a family group conference; and (d) That conference has already formulated, in respect of the child or young person, a plan that complies with the requirements of section 130 of this Act; and (e) Either— (i) That plan was prepared in consultation with the chief executive or a Social Worker; or (ii) The chief executive consents to that plan being treated as a plan obtained by the Court pursuant to subsection (1) of this section,— the Court may treat that plan as a plan obtained by the Court pursuant to subsection (1) of this section, and that subsection and the other provisions of this Act that relate to plans obtained pursuant to that subsection shall apply accordingly as if the plan had been prepared by the chief executive. Subsection (2)(a) was amended, as from 8 January 1995, by section 20(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by omitting “ (other than an order that relates solely to the provision of financial support) ” . Subsection (4) was inserted, as from 8 January 1995, by section 20(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (4) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .