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Oranga Tamariki Act 1989

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

146: Form and terms of agreements

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you make an agreement under section 140 about the care of a child or young person, it must be in writing. You have to say how long the agreement will last and how it can be ended. If you do not say how it can be ended, either party can end it by giving 7 days' notice in writing.

The agreement must also say how the child or young person's needs will be met, including their educational, social, cultural, and religious needs. It must talk about a programme to help the child or young person and the rights and responsibilities of their parents or guardians. The agreement must also say who can visit the child or young person.

If a family group conference decides that the agreement should be terminated, it will be ended, even if the agreement says something different about how it can be ended under section 140.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151044.

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

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

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147: Further restrictions on making of agreements, or

"Rules for making agreements about children's care and who looks after them"

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

146Form and terms of agreements

  1. Every agreement entered into under section 140 shall—

  2. be in writing:
    1. specify the term of the agreement:
      1. specify the manner in which it may be terminated and, unless so specified, shall provide that the agreement may be terminated by either party on giving 7 days notice in writing:
        1. contain provisions relating to the care and control of the child or young person during the term of the agreement, including, but not limited to, provisions relating to—
          1. the educational, social, cultural, and religious needs of the child or young person:
            1. a programme for the provision of services and assistance for the benefit of the child or young person:
              1. the rights and obligations of the parents or guardians towards the child or young person:
                1. access to the child or young person by the parents or guardians or any other person.

                2. Notwithstanding anything in subsection (1)(c), an agreement entered into under section 140 shall be terminated if a family group conference decides that the agreement should be terminated.

                Notes
                • Section 146(1): amended, on , by section 80(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                • Section 146(2): amended, on , by section 80(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).