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Best interests of child and views of child
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9. The Principal Act is amended by the substitution of the following section for section 19:
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“19. (1) In any matter, application or proceedings under this Act which is, or are, before—
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(a) the Authority, or
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(b) any court,
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the Authority or the court, as the case may be, shall regard the best interests of the child as the paramount consideration in the resolution of such matter, application or proceedings.
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(2) In determining for the purposes of subsection (1) what is in the best interests of the child, the Authority or the court, as the case may be, shall have regard to all of the factors or circumstances that it considers relevant to the child who is the subject of the matter, application or proceedings concerned including—
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(a) the child’s age and maturity,
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(b) the physical, psychological and emotional needs of the child,
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(c) the likely effect of adoption on the child,
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(d) the child’s views on his or her proposed adoption,
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(e) the child’s social, intellectual and educational needs,
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(f) the child’s upbringing and care,
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(g) the child’s relationship with his or her parent, guardian or relative, as the case may be, and
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(h) any other particular circumstances pertaining to the child concerned.
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(3) In so far as practicable, in relation to any matter, application or proceedings referred to in subsection (1), in respect of any child who is capable of forming his or her own views, the Authority or the court, as the case may be, shall ascertain those views and such views shall be given due weight having regard to the age and maturity of the child.
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(4) Without prejudice to the generality of subsection (3), the Minister may make regulations prescribing the procedures by which the Authority or the court, as the case may be, shall determine how best to ascertain the views of the child, in so far as practicable, in any matter, application or proceedings, and, without prejudice to the generality of the foregoing, such regulations may—
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(a) make provision for the procedures that are to apply to enable a child to present his or her views in person or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,
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(b) make provision for the procedures that are to apply to enable a child to nominate an appropriate person to present the child’s views orally or in writing or by other means (including by electronic means) to the Authority or the court, as the case may be,
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(c) prescribe as appropriate persons—
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(i) a class or classes of persons who, in the opinion of the Minister having regard to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions, or
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(ii) a class or classes of persons who, in the opinion of the Minister having considered the qualifications, training and expertise of such class or classes of persons by reference to the functions to be performed by members of such class or classes of persons under this section, are suitable to be appropriate persons for the purposes of such functions,
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(d) make provision for the procedures that are to apply in respect of any consultation by the Authority or the court, as the case may be, with a child or an appropriate person,
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(e) make provision for the consultation by the Child and Family Agency with a child for the purpose of ascertaining his or her views and for the procedures relating thereto, including procedures relating to the preparation and submission of any written reports arising from such consultation to the Authority or the court, as the case may be,
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(f) prescribe the standards to be applied by an appropriate person to the performance by the person of his or her functions under this section,
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(g) prescribe the allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(i) and the fees and allowable expenses that may be charged by an appropriate person referred to in paragraph (c)(ii),
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(h) make provision for such other matters as the Minister considers necessary to ensure that appropriate persons are capable of performing their functions under this section.
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(5) Regulations under this section may—
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(a) make different provision in relation to—
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(i) children of different ages and maturity, or
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(ii) different classes of appropriate persons,
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and
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(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.”.
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