1.4.1 Placement Priority

• Legislation

  The following highlights are key provisions in statute that apply to the out of home placement of children.

   

  The Child and Family Services Act 2.7(1)

• Standards

  For the purpose of placement priority, "family" is defined as a child’s parent, step-parent, siblings, grandparent, aunt, uncle, cousin, guardian, person in loco parentis to a child and a spouse or common-law partner of any of those persons. It includes a person whom the child or the child's parent or guardian considers to be a close relative and, if the child is Indigenous, whom the child's Indigenous group, community or people considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child.

  1. Placement Priorities – Placement of children, as long as it is in the best interests of the child is to occur in the following order of priority:
  • one of the child’s parents
  • with another adult member of the child’s family
  • if the child is Indigenous, with an adult who belongs to the same Indigenous group, community or people as the child
  • if the child is Indigenous, with an adult who belongs to an Indigenous group, community or people other than the one to which the child belongs;
  • if the child is not Indigenous, with an adult who belongs to the same ethnic or cultural community as the child
  • with any other adult
  2. Placement with or near siblings – When deciding placement priority, placing the child with or near children who are siblings or are considered members of the child’s family must be considered.
  3. Customs and Traditions – Maintaining or supporting customs and traditions of the child's group, community or people must be considered when making a decision about placement of an Indigenous and non Indigenous child.
  4. Family Unity –An assessment of whether the child can be placed with a parent or an adult member of the child’s family must occur on an ongoing basis. An Authority or agency can develop policy or standards to guide the frequency of this assessment.
  5. Attachment and Emotional Ties – If a child is not placed with family, if it is consistent with the best interest of the child their attachment and emotional ties to their family should be promoted.

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