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