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Oranga Tamariki Act 1989

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

380: Application for review of detention in secure care

You could also call this:

"Asking a judge to check if you should be in secure care"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in secure care, you can ask a judge to review the decision to place you there. You can do this at any time before another application is made under section 371 about your care. You are not the only one who can ask for this review.

You can ask for a review if you are the child or young person in secure care, or if you are a parent or guardian of that child or young person. Other people who can ask for a review include someone who was taking care of you before you went into secure care, or a lawyer or youth advocate who is representing you.

If someone asks for a review, it does not mean you will be released from secure care right away. The judge will still consider the application, but you can still be detained in secure care while they make their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154359.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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379: Review of decision to grant or renew approval, or

"Checking a decision to keep a child in secure care"

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381: Notice of application for review of detention in secure care, or

"Telling the court you want to review a decision to keep a child in secure care"

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

380Application for review of detention in secure care

  1. Where a child or young person is placed in secure care pursuant to section 367, any of the persons specified in subsection (2) may, at any time before an application is made under section 371 in respect of that child or young person, apply to a Family Court Judge or a Youth Court Judge or, if neither a Family Court Judge nor a Youth Court Judge is available, a District Court Judge for a review of the decision to place that child or young person in secure care.

  2. The following persons may make an application under subsection (1):

  3. the child or young person who is placed in secure care:
    1. any parent or guardian of the child or young person:
      1. any person who had the care of the child or young person immediately before the child or young person was placed in a residence:
        1. any barrister or solicitor or youth advocate representing the child or young person.

          1. The fact that an application has been made under this section shall not affect any authority to detain the child or young person in secure care.