CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 50
Discharge of child or young person from Secretary's care responsibility
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 50
Discharge of child or young person from Secretary's care responsibility
(1) The Secretary may, at any time, discharge a child or young person from the
Secretary'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 Secretary 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 Secretary 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 Secretary to exercise that power is likely to
endanger the safety, welfare and well-being of any other person.
(4) If the
Secretary discharges the child or young person from the Secretary's
care responsibility following an order of the Children's Court, the Secretary
must explain to the Children's Court at the next sitting day of the Court why
the Secretary's care responsibility was no longer needed.