New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 49

49 Care of child or young person pending care proceedings

(1) If a child or young person is removed from the care of his or her parent or parents under this Part or a warrant issued under section 233:

(a) the child or young person is to be kept at a place approved by the Minister for the purposes of this section, and

(b) the Director-General has the care responsibility for the child or young person.

(2) The Children’s Court may, by order, vest the care responsibility in a designated agency.

(3) The Director-General or designated agency having the care responsibility for the child or young person may delegate that responsibility to a relative of the child or young person, an authorised carer or a person approved by the Children’s Guardian.

(4) Despite subsection (3), the Director-General may delegate the care responsibility for the child or young person on an interim basis to a person other than a person specified in subsection (3) but must use his or her best endeavours to delegate that responsibility to a person so specified as soon as is reasonably practicable.

(5) The exercise of the care responsibility by a person referred to in subsection (3) or (4) is subject to any direction given to the person by the Director-General or the designated agency that made the delegation.