Skip to Content

Out of home care legislation

The two major pieces of legislation covering Community Services 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 Communities and jusirce (DCJ) and other agencies which provide out-of-home care (OOHC), including foster care.

New OOHC legislation

Key OOHC provisions contained in certain sections of Chapters 8 and 10 of the Children and Young Persons (Care and Protection) Act 1998 were proclaimed in a three-stage program between July 2003 and March 2004.


Adoption of children in care can be facilitated by DCJ under the Adoption Act 2000.

New regulations

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

Community Services staff have been given comprehensive information and training on the implications of the legislation for Community Services, 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.

Was this content useful?
Your rating will help us improve the website.
Last updated: 18 Oct 2019