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Oranga Tamariki Act 1989

Care and protection of children and young persons - Custody of child or young person pending determination of proceedings

82: Child or young person may be returned to person who previously had care

You could also call this:

"A child can go back to live with their parents or guardians if it's thought to be a good idea."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in the care of someone like the chief executive, you can be returned to your parent or guardian. This can happen if the person looking after you thinks it is a good idea. They can also set conditions for how you will be supervised.

If you are returned to your parent or guardian, but the person who made that decision changes their mind, they can ask for you to be returned to their care. They must talk to your lawyer before making any decisions about you. If the chief executive gives a direction for you to be removed from your current care, they can use reasonable force to do so.

The chief executive can then place you with a person they think is suitable or in a residence. Section 105(2) and (3) applies to the removal of a child or young person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150079.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianship
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Part 2Care and protection of children and young persons
Custody of child or young person pending determination of proceedings

82Child or young person may be returned to person who previously had care

  1. This section applies where a child or young person is placed in the custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service pursuant to an order made under section 78.

  2. Subject to subsection (5), where this section applies, the person in whose custody the child or young person is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, return the child or young person to the custody of the parent or guardian or other person who had the care of the child or young person immediately before the order was made.

  3. The person so returning the child or young person may impose such conditions relating to the supervision of the child or young person as that person thinks fit.

  4. Subject to subsection (5), where,—

  5. pursuant to subsection (2), a child or young person is returned to the custody of another person; and
    1. at any time before the order made under section 78 expires or is discharged, the person so returning the child or young person considers that it is no longer desirable in the interests of the child or young person that the child or young person be in the custody of that other person,—
        1. the person may direct that other person to return the child or young person to the custody of that person.

      1. No person shall—

      2. return a child or young person to the custody of any other person pursuant to subsection (2); or
        1. issue a direction under subsection (4) in relation to a child or young person—
            1. without first consulting with the barrister or solicitor representing that child or young person.

          1. If a person gives a direction under subsection (4),—

          2. the chief executive (acting through the chief executive’s delegate) may—
            1. remove the child or young person to whom the direction relates, using such force as is reasonably necessary for the purpose; and
              1. place the child or young person with a person or, if the person giving the direction is the chief executive, in a residence, as the person giving the direction thinks appropriate; and
              2. section 105(2) and (3) applies (as applicable and with all necessary modifications) to the removal of the child or young person.

                Notes
                • Section 82: replaced, on , by section 11 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
                • Section 82(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                • Section 82(4)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 82(6): replaced, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                • Section 82(6)(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).