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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 50
Discharge of child or young person from Director-General’s care responsibility
50 Discharge of child or young person from Director-General’s care
responsibility
(1) The Director-General may, at any time, discharge a child
or young person from the Director-General’s care responsibility with or
without any undertakings being given by the child or young person or by a
parent of the child or young person.
(2) An undertaking, if given, is to be
in writing and signed by the person giving it.
(3) In determining whether or
not to exercise the power under subsection (1), the Director-General is to
have regard to the following: (a) any views expressed by the child or young
person as to whether he or she wishes that power to be exercised,
(b) any
views expressed by the child or young person as to whether he or she intends
to return to the care and protection of a parent,
(c) whether the exercise by
the Director-General of that power is likely to protect the safety, welfare
and well-being of the child or young person,
(d) whether the failure by the
Director-General to exercise that power is likely to endanger the safety,
welfare and well-being of any other person.
(4) If the Director-General
discharges the child or young person from the Director-General’s care
responsibility following an order of the Children’s Court, the
Director-General must explain to the Children’s Court at the next sitting
day of the Court why the Director-General’s care responsibility was no
longer needed.
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