CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 77
CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 77
77—Temporary placement of child or young person where approved carer not
available
(1) Despite a
provision of Division 2, but subject to this section, the Chief Executive
may place a child or young person who is removed under this Act, or who is in
the custody or under the guardianship of the Chief Executive, in the care of a
person who is not an approved carer if the Chief Executive is satisfied
that—
(a) it
is a matter of urgency that the child or young person be placed in the care of
a person other than a person with whom the child or young person is residing;
and
(b) it
is not, in the circumstances, reasonably practicable to place the
child or young person in the care of an approved carer; and
(c) the
risk of harm being caused to the child or young person if they are not placed
in the care of a person under this section exceeds the risk that the person
will cause harm to the child or young person.
(2) Despite any other
provision of this Act, the placement of a child or young person under
subsection (1)—
(a) must
be of a temporary nature (and in any event must not exceed a period of
3 months); and
(b) must
be brought to an end as soon as it is reasonably practicable to place the
child in the care of an approved carer; and
(c) must
comply with any relevant policy published under section 19.
(3) If a
child or young person is placed in the care of a person under this
section—
(a)
section 71 will be taken not to apply to the person;
(b)
sections 73, 81 and 82 are to be construed as if the person were an
approved carer (but, to avoid doubt, the person will not otherwise be taken to
be an approved carer).
(4) The regulations
may make further provisions in relation to the placement of a
child or young person in the care of a person under this section (including by
modifying the operation of a specified provision or provisions of this Act
relating to the placement of children and young people).