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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 49
Care of child or young person pending care proceedings
49 Care of child or young person pending care proceedings
(1) If a child or young person is removed from the care of his or her parent
or parents under this Part or a warrant issued under section 233- (a) the
child or young person is to be kept at a place approved by the Minister for
the purposes of this section, and
(b) the Secretary has the
care responsibility for the child or young person.
(2) The Children’s Court
may, by order, vest the care responsibility in a designated agency.
(3) The
Secretary or designated agency having the care responsibility for the child or
young person may delegate that responsibility to a relative of the child or
young person, an authorised carer or a person approved by the Children’s
Guardian.
(4) Despite subsection (3), the Secretary may delegate the
care responsibility for the child or young person on an interim basis to a
person other than a person specified in subsection (3) but must use his or her
best endeavours to delegate that responsibility to a person so specified as
soon as is reasonably practicable.
(5) The exercise of the
care responsibility by a person referred to in subsection (3) or (4) is
subject to any direction given to the person by the Secretary or the
designated agency that made the delegation.
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