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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 158

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 158

158 .         When CEO may transfer home order

        (1)         The CEO may transfer a home order to a participating State if —

            (a)         in his or her opinion a child protection order to the same or a similar effect as the home order could be made under the child welfare law of that State; and

            (b)         the home order is not subject to an appeal and the time for instituting an appeal has expired; and

            (c)         the relevant interstate officer has consented in writing to the transfer and to the proposed terms of the order to be transferred (the proposed interstate order ); and

            (d)         any person whose consent to the transfer is required under section 159 has so consented.

        (2)         The CEO may include in the proposed interstate order any conditions that could be included in a child protection order of that type made in the relevant participating State.

        (3)         In determining whether a child protection order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the CEO must not take into account the period for which it is possible to make such an order in that State.

        (4)         The CEO must determine, and specify in the proposed interstate order, the period for which it is to remain in force.

        (5)         The period must be the lesser of —

            (a)         the period for which the home order would have remained in force if it were not transferred to the relevant participating State; and

            (b)         the maximum period for which a child protection order of that type made in the relevant participating State could remain in force.