New South Wales Consolidated Acts

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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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