If a young person is in the custody, or under the guardianship, of the Secretary of DHS, the Secretary may take legal proceedings on behalf of that young person in relation to the property or rights of the young person (s.172(2) CYFA).
The Secretary of DHS may also detain without warrant a young person under their custody or guardianship. This is subject to anything else expressly stated in the CYFA, for example, sections 173–176, which relates to the placement of young people.
The Secretary may place a young person who is in their custody or guardianship under the CYFA or the Adoption Act 1984 (Vic) ("Adoption Act") as follows:
- in an out of home care service (e.g. a DHS medium-term unit or a foster placement);
- in a secure welfare service for 21 days (or a further 21 days in exceptional circumstances);
- in any other suitable situation, as circumstances require (s.173(1) CYFA); or
- for adoption under the Adoption Act if the young person is under the guardianship of the Secretary and available for adoption.
In making a decision to place a young person, the welfare of the young person must be of paramount concern, and the Secretary of DHS must make provision for the physical, intellectual, emotional and spiritual development of the young person, in the same way that a good parent would (s.174 CYFA).
There are specific provisions in the CYFA regarding principles of case planning. They are set out in section 11.
Time limits are provided for in the case planning process. Sections 331 and 333 of the CYFA provide for internal review of departmental decisions. Further appeal to the VCAT may be made by the young person or parent if they are dissatisfied with the internal reviews established by DHS.
POWERS AND RESPONSIBILITIES OF THE SECRETARY OF DHS :: Last updated: Thu Jul 1st 2010

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