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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 400 Voluntary care agreements—extension

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 400

Voluntary care agreements—extension

    (1)     The parties to a voluntary care agreement may agree in writing to extend the agreement if—

        (a)     the total length of the voluntary care agreement and the proposed extension will be not longer than—

              (i)     6 months; or

              (ii)     if the voluntary care agreement is in relation to a young person who is 15 years old or older and the young person agrees to a period longer than 6 months—the longer period; or

        (b)     at the end of the proposed extension, the child or young person will not have been cared for under a voluntary care agreement for more than—

              (i)     6 months in the previous 12 months; or

              (ii)     if the voluntary care agreement is in relation to a young person who is 15 years old or older and the young person agrees to a period longer than 6 months—the longer period.

    (2)     However, the director-general may agree to extend the voluntary care agreement only if—

        (a)     the director-general—

              (i)     has considered whether another form of assistance would be preferable; and

              (ii)     is satisfied that the voluntary sharing of responsibility for the child or young person under the voluntary care agreement is appropriate; and

              (iii)     if satisfied that the child or young person has sufficient developmental capacity to understand that it is proposed that the child or young person will continue to be temporarily cared for under a voluntary care agreement—finds out and considers the child's or young person's views and wishes; and

        (b)     for voluntary care agreement about a young person who is 15 years old or older—

              (i)     the young person agrees to the extension; or

              (ii)     the young person does not have sufficient maturity or developmental capacity to understand and agree to the proposed voluntary care agreement.

    (3)     A voluntary care agreement may be extended more than once.