New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 152

152 Duration, renewal and review of temporary care arrangements

(1) A temporary care arrangement ceases to be in force--

(a) on the receipt by the Secretary of a request for the termination of the arrangement made by the person by whom the application for the making of the arrangement was made, or

(b) on the child or young person the subject of the arrangement attaining the age of 18 years, or

(c) on the expiration of the period of--

(i) except as provided by subparagraph (ii)--3 months, or

(ii) if the Secretary has renewed the arrangement pursuant to subsection (2)--6 months,

after the making of the arrangement, or

(d) on its termination by the Secretary under subsection (5),

whichever first occurs.

(2) At the expiration of 3 months after the making of a temporary care arrangement in respect of a child or young person, the Secretary may, if of the opinion that the child or young person is still in need of care and protection, renew the arrangement for a further period of 3 months.

(3) Section 151 applies to the renewal of a temporary care arrangement in the same way as it applies to the making of such an arrangement.

(4) A temporary care arrangement cannot be--

(a) made or renewed in respect of a child or young person if the child or young person has, during the previous 12 months, been the subject of a temporary care arrangement for a period, or for periods in the aggregate, exceeding 6 months, or

(b) renewed in respect of a child or young person if the temporary care arrangement was made in the circumstances described in section 151(3)(b).

(5) The Secretary may, whether on the application of the child or young person, or a parent of the child or young person, or on the Secretary's own motion, terminate a temporary care arrangement in respect of a child or young person if--

(a) the Secretary is of the opinion that the child or young person is no longer in need of care and protection, or

(b) a care application is made in respect of the child or young person.

(6) An application for the review of a temporary care arrangement may, in accordance with the regulations, be made to the Children's Court--

(a) by or on behalf of the child or young person the subject of the arrangement, or

(b) by a person having parental responsibility for the child or young person.

(7) The decision of the Children's Court in respect of an application for a review is to be given effect to as if it were the decision of the Secretary with respect to the making of a temporary care arrangement under section 151.