ADOPTION ACT 1993 - SECT 35A Placement of child or young person before adoption
ADOPTION ACT 1993 - SECT 35A
Placement of child or young person before adoption(1) The director-general may place a child or young person in the care of a person if—
(a) the director-general is the guardian of the child or young person; and
(b) the person—
(i) is on the register of suitable people; and
(ii) intends to apply for an adoption order for the child or young person; and
(iii) has asked the director-general, in writing, to place the child or young person in the person's care until the application is decided; and
Note If a form is approved under s 120A for this provision, the form must be used.
(c) the child or young person has been consulted under section 35B; and
(d) if the child or young person is an Aboriginal or Torres Strait Islander child or young person—the additional requirements mentioned in section 6 (Aboriginal and Torres Strait Islander child or young person—additional requirements) have been complied with.
(2) The director-general must not place a child or young person in the care of a person under subsection (1) unless the director-general considers that the person is suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c) (Deciding application for adoption order for child or young person).
(3) The director-general must remove a child or young person from the care of a person with whom the child or young person has been placed under this section if—
(a) the person is no longer on the register of suitable people; or
(b) the director-general considers that the person is no longer suitable to adopt the particular child or young person having regard to the criteria set out in section 39F (1) (c); or
(c) within 1 year after the child or young person is placed in the care of the person under this section, the person has not applied for an adoption order for the child or young person.
(4) A person given care of a child under this section has daily care responsibility for the child or young person.
(5) In this section:
"daily care responsibility"—see the Children and Young People Act 2008