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Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

You can make an agreement for someone to care for a child or young person for more than 28 days. This can be with the chief executive, an iwi social service, or a cultural social service. You need to agree with them to do this.

If you are a parent or guardian, you can place a child or young person in care for a certain period. The period depends on the child's age: six months for children under seven, and 12 months for others. There are rules about how long a child or young person can be in care.

You can also make an agreement to help a young person aged 15 or more become independent. This agreement can last up to 12 months and can be extended with approval from a family group conference. The agreement must be approved by a person referred to in the law or someone the chief executive approves.

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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=DLM151026.

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

"Temporary care for kids when parents need help"

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141: Agreements for extended care of severely disabled children and young persons, or

"Helping severely disabled kids with special care plans"

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

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

  1. Subject to this section and to sections 143 to 145 and section 147, where every person who is a parent or guardian or person having the care of a child or young person agrees to do so, those persons may,—

  2. with the agreement of the chief executive, place the child or young person in the care of the chief executive for a period of more than 28 days; or
    1. 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 of more than 28 days; or
      1. 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 of more than 28 days; or
        1. with the agreement of any person referred to in paragraphs (a) to (c) or any other person approved by the chief executive for the purpose of this paragraph, place a young person aged 15 years or more in the care of that person for the purpose of assisting the young person to achieve independence.

          1. No agreement may be made under subsection (1)(a) to (c) providing for the placement of any child or young person in the care of any person for any period that exceeds,—

          2. in the case of a child who is under 7 years of age, 6 months:
            1. in the case of any other child or any young person, 12 months.

              1. An agreement made under subsection (1)(d) may be entered into for any period of up to 12 months and may, if approved by a family group conference, be extended by any further periods of up to 12 months.

              Notes
              • Section 140: replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
              • Section 140 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
              • Section 140(1)(a): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
              • Section 140(1)(c): amended, on , by section 27(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
              • Section 140(1)(d): inserted, on , by section 27(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
              • Section 140(2): amended, on , by section 27(3) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
              • Section 140(3): inserted, on , by section 27(4) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
              • Section 140(3): amended, on , by section 14 of the Statutes Amendment Act 2016 (2016 No 104).