Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Secure care

369: Notice to be given where child or young person placed in secure care

You could also call this:

"Telling your family and friends when you're placed in secure care"

Illustration for Oranga Tamariki Act 1989

When you are placed in secure care, the chief executive must tell some people about it. They have to tell at least one of your parents, or your guardian, or someone who used to take care of you. They also have to tell someone you choose, in accordance with regulations made under section 447, or your lawyer, or a youth advocate appointed under section 323.

The chief executive must try to tell them by phone as soon as you are placed in secure care. They also have to send a letter with the details, which must be sent within 24 hours. The letter must say why you were placed in secure care and explain your right to apply for a review under section 380.

The letter must also tell you how to apply for a review of your placement in secure care. If the chief executive sends a letter, it is considered received when it would normally be delivered by mail. To prove the letter was sent, they just need to show it was properly addressed and posted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154335.


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368: Grounds for placement in secure care, or

"When you can be put in a safe place to stop you from hurting yourself or others, or from running away."


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370: Time limits on detention in secure care, or

"How long you can be kept in secure care"

Part 7Children and young persons in care of chief executive or other persons or bodies
Secure care

369Notice to be given where child or young person placed in secure care

  1. Where any child or young person is placed in secure care, the chief executive shall give notice that the child or young person has been placed in secure care to—

  2. at least 1 of the following persons:
    1. a parent of the child or young person:
      1. a guardian (other than the chief executive) of the child or young person:
        1. any other person previously having the care of the child or young person:
        2. any person nominated by the child or young person, in accordance with regulations made under section 447, to receive any such notice:
          1. either—
            1. any barrister or solicitor who represents the child or young person; or
              1. any youth advocate appointed under section 323 to represent the child or young person.
              2. Every notice under subsection (1) shall be given—

              3. where practicable, by telephone forthwith on the placing of the child or young person in secure care; and
                1. by letter in accordance with subsection (3).
                  1. Every notice under subsection (1) that is given by letter shall—

                  2. be sent not later than 24 hours after the child or young person is placed in secure care; and
                    1. specify the ground for placing the child or young person in secure care; and
                      1. contain a clear statement of—
                        1. the right to apply under section 380 for a review of the placement of a child or young person in secure care; and
                          1. the procedure for applying for such a review.
                          2. Any notice required by this section to be given to any person by letter shall be deemed to have been received by that person when the letter would have been delivered in the ordinary course of post, and in proving that the notice was given it shall be sufficient to prove that the letter was properly addressed and posted.

                          Notes
                          • Section 369(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                          • Section 369(1)(a)(ii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).