New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 135A

Statutory out-of-home care

135A Statutory out-of-home care

(1)
"Statutory out-of-home care" is out-of-home care that is provided in respect of a child or young person for a period of more than 14 days:
(a) pursuant to a care order of the Children's Court, or
(b) by virtue of the child or young person being a protected person.
(2) Any statutory out-of-home care provided in respect of a child or young person is taken to commence:
(a) immediately on the making of a care order for a period of more than 14 days in respect of the child or young person, or
(b) in any other case--immediately the child or young person is placed with an authorised carer.
(3) In this section,
"protected person" means:
(a) a person who is a ward of the Supreme Court, or subject to an order of the Supreme Court in its parens patriae jurisdiction, and of whom the Minister or the Secretary has the custody or care pursuant to an order of the Supreme Court, or
(b) a person who is under the parental responsibility of the Secretary pursuant to Part 6 (Parental responsibility for children awaiting adoption) of Chapter 4 of the Adoption Act 2000 , or
(c) a person in respect of whom the Minister or the Secretary has parental responsibility, either wholly or partially, pursuant to an order in force under the Family Law Act 1975 of the Commonwealth, or
(d) a person who, having been a person referred to in paragraph (a), (b) or (c), was in the custody of a person referred to in section 91 (1) (d) (i) or (ii) of the Children (Care and Protection) Act 1987 immediately before its repeal.



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