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Out-of-home care legislation

The 2 major pieces of legislation covering and justice  (DCJ) work with children and families are the Community Welfare Act 1987 and the Children and Young Persons (Care and Protection) Act 1998.

The main legislation which outlines legal obligations in the provision of care for children and young people who cannot live with their families is the Children and Young Persons (Care and Protection) Act 1998.

This Act sets standards for DCJand other agencies which provide out-of-home care (OOHC), including foster care.

New regulations

Regulations have been written around existing and new sections of the Act and these are also legally binding.

DCJ staff have been given comprehensive information and training on the implications of the legislation for DCJ, our staff, other foster care agencies and service providers, foster carers, children and young people in care and their families.

Your foster care caseworker or supervisor can answer any questions you might have on how this legislation affects you as a foster carer.

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Last updated: 17 Oct 2019