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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 136

Restriction on who may provide statutory out-of-home care

136 Restriction on who may provide statutory out-of-home care

(1) Statutory out-of-home care may be provided in respect of a child or young person only by an authorised carer.
(2) A person, other than an authorised carer, who provides statutory out-of-home care in respect of a child or young person is guilty of an offence.
Maximum penalty (subsection (2)): 200 penalty units.
Note : The provision of supported or voluntary out-of-home care is regulated by Parts 3 and 3A of this Chapter.
Note : An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 258.
(3) This section does not prevent a child or young person who:
(a) has been placed in statutory out-of-home care, and
(b) is the subject of a permanency plan involving restoration,
from living with his or her parents, in accordance with the arrangements under a care plan approved by the Children's Court, at any time during the period of 12 months before the date on which the child or young person is to be restored to his or her parents in accordance with the permanency plan.



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