Section 104 — Children, Young Persons, and Their Families Act 1989: Effect of custody order

104 Effect of custody order (1) Where the Court makes an order under section 101 of this Act placing a child or young person in the custody of any person,— (a) that person has the role of providing day-to-day care for the child or young person as if a parenting order had been made under section 48(1) of the Care of Children Act 2004 giving that person the role of providing day-to-day care for the child or young person; and (b) Except to the extent that they are preserved by the Court in any order made under section 121 of this Act, all the rights, powers, and duties of every other person having custody of the child or young person shall be suspended and shall have no effect; and (c) for the purposes of section 92 of the Care of Children Act 2004 ,— (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person. (2) Any custody order shall be sufficient authority for any member of the Police or any Social Worker or any other person authorised in that behalf by the chief executive to place the child or young person to whom the order relates— (a) Where the order places the child or young person in the custody of the chief executive, with such person, or in such residence, as the principal manager of the Department for the area in which the Court is situated may direct: (b) Where the order places the child or young person in the custody of an Iwi Social Service or a Cultural Social Service, with such person as the Convener of the Social Service directs: (c) Where the order places the child or young person in the custody of the Director of a Child and Family Support Service, with such person or in such residence as that Director directs: (d) Where the order places the child or young person in the custody of any other person, with that person. (3) Any person authorised by subsection (2) of this section to place any child or young person with any person or in any residence— (a) May use such force as is reasonably necessary for that purpose: (b) May exercise that authority from time to time in order to return the child or young person to that person or residence: (c) May, for the purpose of exercising that authority, exercise the powers conferred by section 105(2) of this Act, and the provisions of subsections (2) and (3) of section 105 of this Act shall apply accordingly with all necessary modifications. Subsection (1)(a) and (c) was substituted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90). Subsection (2) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” . Subsection (2)(a) was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ principal manager of the Department for the area ” for “ Director of Social Welfare for the District ” . Subsection (2)(b) was substituted, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).