Checklist · Child Protection & Care Proceedings

Checklist: testing the care plan and permanency plan against the statutory requirements (NSW)

Requirement-by-requirement checklist for testing a Department care plan and permanency plan against the Act, the record and the placement principles, so the lawyer can identify gaps before consenting or contesting.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when a care plan or permanency plan is filed or amended, before a dispute resolution conference, and before advising a client to consent to a plan. It supports the lawyer's judgment; it does not decide whether restoration was properly assessed.

How AI may be used

AI may line up the filed plan against the statutory requirements and the chronology the lawyer has settled, producing a table for the lawyer. Whether restoration was properly assessed, services were really offered and the principles were applied in substance is the lawyer's judgment.

AI may

  • Build a table setting each statutory requirement against what the plan says and where
  • Cross-reference plan assertions to entries in the lawyer-settled chronology and list unsupported assertions
  • Compute dates for the s 83(5) timeframe from sealed orders the lawyer supplies

AI must not

  • Must not summarise the plan as adequate or inadequate
  • Must not receive placement addresses or carer identities
  • Must not draft submissions on whether the Court should accept the plan

The lawyer checks

  • Every gap the table identifies, against the source documents
  • Whether active efforts and services were real and available, not just listed
  • Whether the placement principles were applied in substance

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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