Oranga Tamariki Act 1989

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

145: Agreement not to be made, extended, or terminated without approval of family group conference

You could also call this:

"A family group conference must agree before making, changing, or ending a child's care agreement."

Illustration for Oranga Tamariki Act 1989

If you want to make an agreement about the care of a child or young person under section 140, a family group conference must be held first. The conference will discuss whether the agreement should be made. The family group conference must approve the agreement.

You need a care and protection co-ordinator to issue a certificate saying the conference approved the agreement and that it is a good idea for the child's care. The co-ordinator must consider what is best for the child, looking at things like the purposes, considerations, and principles in sections 4, 5, and 13.

If someone wants to make, extend, or end an agreement, a family group conference must be held. This conference can be the same one that was already held for the child. The rules for holding a family group conference are in sections 20 to 36.

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144: Agreement not to be made without consent of child or young person, or

"You must agree to any plan about your care if you're 12 or older."


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146: Form and terms of agreements, or

"What needs to be in a written agreement about a child's care"

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

145Agreement not to be made, extended, or terminated without approval of family group conference

  1. No agreement may be made under section 140 unless, before the agreement is made,—

  2. a family group conference is held to consider whether such an agreement should be made; and
      1. the family group conference approves the making of the agreement; and
        1. a care and protection co-ordinator (or if section 261 applies, a youth justice co-ordinator) issues a certificate to the effect,—
          1. in all cases, that the requirements of paragraphs (a) and (c) have been complied with; and
              1. in all cases, that the co-ordinator is satisfied that, having regard to the purposes, considerations, and principles in sections 4, 4A(1), 5, and 13, the agreement is an appropriate care option for the child or young person.
              2. A care and protection co-ordinator must convene or reconvene a family group conference if it is proposed that—

              3. an agreement be entered into under section 140(1); or
                1. an agreement entered into under section 140(1)(d) be extended; or
                  1. an agreement entered into under section 140(1)(d) be terminated other than in the manner specified in the agreement in accordance with section 146(1)(c).
                    1. If a family group conference has been convened or reconvened other than under subsection (2) in relation to a child or young person, the conference may consider a proposal referred to in subsection (2) concerning the child or young person as if the conference had been convened or reconvened under that subsection.

                    2. To the extent that they are relevant, sections 20 to 36, with all necessary modifications, apply to the convening or reconvening of a family group conference under subsection (2).

                    Notes
                    • Section 145 heading: amended, on , by section 15(1) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 145(1): amended, on , by section 79(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(1)(b): repealed, on , by section 79(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(1)(c): replaced, on , by section 29(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                    • Section 145(1)(d): inserted, on , by section 29(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
                    • Section 145(1)(d): amended, on , by section 79(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(1)(d)(ii): repealed, on , by section 79(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(1)(d)(iii): amended, on , by section 79(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(1)(d)(iii): amended, on , by section 79(5) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(2): replaced, on , by section 15(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 145(2)(a): amended, on , by section 79(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(2)(b): amended, on , by section 79(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(2)(c): amended, on , by section 79(6) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 145(3): replaced, on , by section 15(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 145(4): inserted, on , by section 15(2) of the Statutes Amendment Act 2016 (2016 No 104).