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Oranga Tamariki Act 1989

Care and protection of children and young persons - Medical examination of child or young person

53: Medical examination of child or young person at request of chief executive

You could also call this:

"When the chief executive thinks you need a medical check, they can arrange one to keep you healthy and safe."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and a warrant has been issued for you under section 39, or you are in the care of the chief executive, this law applies to you. The chief executive can ask for your permission, or your parent's or guardian's permission, for you to have a medical check by a health practitioner. You will have a medical check if the chief executive thinks it is necessary, even if your parent or guardian does not agree, after the chief executive has tried to get their consent.

If you are in the care of the chief executive under section 40 or section 42, this law also applies to you. The chief executive must try to get consent from your parent or guardian before arranging a medical check. If the chief executive cannot get consent, they can still arrange for you to have a medical check by a health practitioner.

The chief executive wants to make sure you are healthy and safe, so they might ask a health practitioner to check you. A health practitioner is a person who is qualified to give medical care, like a doctor or a nurse. The chief executive will make decisions about your care and make sure you get the help you need.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150032.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parenting
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52: Health practitioner to prepare report on examination, or

"Doctors and nurses must write a report after checking a child or young person to help the court make decisions."

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54: Child or young person entitled to have adult present, or

"You can have a chosen adult with you during a medical check"

Part 2Care and protection of children and young persons
Medical examination of child or young person

53Medical examination of child or young person at request of chief executive

  1. This section applies to any child or young person—

  2. in respect of whom a warrant has been issued under section 39; or
    1. who is placed in the custody of the chief executive under that section or under section 40 or section 42.

      1. The chief executive may, with the consent of any parent or guardian of the child or young person, arrange for any child or young person to whom this section applies to be medically examined by a health practitioner qualified for the purpose.

      2. Where, after making reasonable efforts to do so, the chief executive does not obtain the consent of a parent or guardian of a child or young person to a medical examination under subsection (2), the chief executive may require the child or young person to be medically examined by a health practitioner qualified for the purpose.

      Notes
      • Section 53 heading: amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 53(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
      • Section 53(2): amended, on , by section 8(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
      • Section 53(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 53(2): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
      • Section 53(3): amended, on , by section 8(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
      • Section 52(3): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
      • Section 53(3): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).