CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 402 Voluntary care agreements—return of children and young people
CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 402
Voluntary care agreements—return of children and young people(1) If a voluntary care agreement ends, the director-general must return the child or young person as soon as practicable after the day the voluntary care agreement ends, to a former caregiver of the child or young person or other person as agreed between the parties to the agreement.
(2) The director-general shares responsibility for the child or young person under the voluntary care agreement until the child or young person is returned.
(3) The director-general's responsibility for the child or young person under the voluntary care agreement ends when the child or young person is returned.
(4) However, the director-general is not required to return a child or young person if—
(a) emergency action is being taken in relation to the child or young person; or
Note Emergency action may be taken under ch 13.
(b) the director-general has applied to the Childrens Court for a care and protection order including a parental responsibility provision that would give the director-general daily care responsibility or long-term care responsibility, or both, for the child or young person.
Note
Parental responsibility provisions are dealt with in div 1.3.2.
Care and protection orders are dealt with in ch 14.
(5) Subsection (4) does not allow the director-general to keep responsibility for the child or young person under the voluntary care agreement if the Childrens Court refuses the director-general's application.