CHILD PROTECTION ACT 1999 - SECT 86 Chief executive to notify parents of placing child in care—child protection order

CHILD PROTECTION ACT 1999 - SECT 86

86 Chief executive to notify parents of placing child in care—child protection order

(1) This section applies if the child is in the chief executive’s custody or guardianship under a child protection order.

(2) Subject to subsections (3) and (4) , the chief executive must, as soon as practicable after deciding in whose care to place the child, give written notice of the decision to the child and the child’s parents stating the following—

(a) the person in whose care the child is placed;

(b) where the child is living;

(c) the reasons for the decision;

(d) the child or child’s parent may apply to the tribunal to have the decision reviewed;

(e) how, and the time within which, the child or child’s parent may apply to have the decision reviewed;

(f) any right the child or child’s parent has to have the operation of the decisions stayed.

(3) Before complying with subsection (2) , the chief executive must consider the matters prescribed under a regulation.

(4) If, after considering the matters, the chief executive reasonably suspects compliance with subsection (2) would constitute a significant risk to the safety of the child or anyone else with whom the child is living, the chief executive may decide not to comply with the subsection.

(5) If the chief executive makes a decision under subsection (4) , the chief executive must give written notice of the decision to the child and the child’s parents stating the following—

(a) that the chief executive has decided not to tell the child’s parents—

(i) the person in whose care the child is placed; or

(ii) where the child is living;

(b) the reasons for the decision;

(c) the child or child’s parent may apply to the tribunal to have the decision reviewed;

(d) how, and the time within which, the child or child’s parent may apply to have the decision reviewed;

(e) any right the child or child’s parent has to have the operation of the decisions stayed.

(6) Subsection (2) does not apply if the chief executive is satisfied it is not reasonably practicable for the chief executive to give the notice because the child is placed in the person’s care for less than 7 days.