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Oranga Tamariki Act 1989

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

147: Further restrictions on making of agreements

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you make an agreement about a child or young person under section 140(1)(a) to (c), the person making the agreement must be sure a parent or guardian will take care of the child when the agreement ends. This person can be the chief executive, an iwi social service, or a director of a child and family support service. They must be satisfied the child's care will be resumed.

You cannot make an agreement under section 140(1)(a) to (c) if no one is willing to stay in touch with the child during the agreement. This includes the child's parents, guardians, family, whanau, or family group. The person making the agreement can be the chief executive, an iwi social service, a director of a child and family support service, or a residential disability care operator as defined in section 58(4) of the Health and Disability (Safety) Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151045.

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146: Form and terms of agreements, or

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

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148: Effect of agreements, or

"What happens when someone looks after you because of a care agreement"

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

147Further restrictions on making of agreements

  1. No agreement relating to a child or young person shall be entered into under section 140(1)(a) to (c) by any person (being the chief executive or an iwi social service or a cultural social service or a director of a child and family support service) in any case where that person is not satisfied that a parent or guardian of the child or young person, or a person usually having the care of the child or young person, will resume the care of the child or young person on the termination of the agreement.

  2. No agreement relating to a child or young person shall be entered into under section 140(1)(a) to (c) by any person (being the chief executive or an iwi social service or a cultural social service or a director of a child and family support service or a residential disability care operator within the meaning of section 58(4) of the Health and Disability (Safety) Act 2001) in any case where no parent or guardian, or a person usually having the care of the child or young person, or a member of the child's or young person's family, whanau, or family group, is willing to maintain contact with the child or young person during the term of the agreement.

Notes
  • Section 147(1): amended, on , by section 30(1) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
  • Section 147(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
  • Section 147(1): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
  • Section 147(2): amended, on , by section 81 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
  • Section 147(2): amended, on , by section 30(2) of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
  • Section 147(2): amended, on , by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).
  • Section 147(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
  • Section 147(2): amended, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).