Oranga Tamariki Act 1989

Care and protection of children and young persons - Agreements for care of children and young persons

139: Agreements for temporary care of children and young persons by chief executive, iwi social services, etc

You could also call this:

"Temporary care for kids when parents need help"

Illustration for Oranga Tamariki Act 1989

If you are a parent or guardian who cannot care for your child, you can ask for help. You can place your child in the care of the chief executive for up to 28 days with their agreement. You can also ask an iwi social service or a cultural social service to care for your child for up to 28 days with their agreement.

You can also ask the director of a child and family support service to care for your child for up to 28 days with their agreement. If you still cannot care for your child after 28 days, you can ask to extend the care period for another 28 days with the agreement of the person caring for your child.

This is allowed under the Oranga Tamariki Act 1989, which has been amended by laws such as the Children, Young Persons, and Their Families Amendment Act 1994 and the Department of Child, Youth and Family Services Act 1999.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151023.

Topics:

Family and relationships > Children and parentingGovernment and voting > Government departments

138: Court to set date for further review of plan, or

"The court sets a new date to check if a child's plan is working and needs to be changed."

140: Agreements for extended care of children and young persons by chief executive, iwi social service, etc, or

"Agreements to care for children and young people for a longer time"

Part 2Care and protection of children and young persons
Agreements for care of children and young persons

139Agreements for temporary care of children and young persons by chief executive, iwi social services, etc

Subject to this section, any parent or guardian or other person having the care of a child or young person who is temporarily unable or unwilling to care for the child or young person may,—
with the agreement of the chief executive, place the child or young person in the care of the chief executive for a period not exceeding 28 days; or
with the agreement of an iwi social service or a cultural social service, place the child or young person in the care of that social service for a period not exceeding 28 days; or
with the agreement of the director of a child and family support service, place the child or young person in the care of the director for a period not exceeding 28 days.

If the parent or guardian or other person having the care of the child or young person is, or will be, unable to resume the care of the child or young person at the end of the period during which the child or young person is in the care of any person pursuant to subsection (1), the period may, with the agreement of that person, be extended for one further period of up to 28 days.

Notes

Section 139: replaced, on 8 January 1995, by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Section 139 heading: amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 139(1)(a): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).