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StatuteChildren, Young Persons, and Their Families Act 1989

Section 137 — Children, Young Persons, and Their Families Act 1989: Court to consider report and make directions

Text of the provision Official document

137 Court to consider report and make directions (1) Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any child or young person, the Court shall consider the report and the accompanying revised plan, and, after giving such persons (if any) as it thinks fit an opportunity to be heard, may do any one or more of the following things: (a) In relation to any order that is in force under this Part of this Act and that relates to that child or young person,— (i) Make any order under section 127 of this Act as if an application had been made under section 125 of this Act in relation to that order; or (ii) Direct any person to make an application under section 125 of this Act in relation to that order: (b) Make, in respect of that child or young person, any order referred to in section 83(1) or section 84(1) of this Act: (c) Direct a Care and Protection Co-ordinator to convene a family group conference for the purpose of considering such matters relating to that child or young person as the Court may specify: (d) Require any person to appear before the Court for the purpose of being examined as to any matter relating to, or arising out of,— (i) The plan prepared pursuant to section 128 of this Act: (ii) The report furnished under section 135 of this Act on the review of that plan: (iii) The revised plan accompanying that report: (e) Where the Court considers that the report furnished under section 135 of this Act, or the revised plan, or both, are inadequate, direct the person who prepared the report to furnish to the Court a further report, or a further revised plan, or both, and may indicate any specific matter that it requires to be dealt with in that report or plan: (f) Make any order that it is empowered to make under section 178 or section 181 or section 186 or section 187 of this Act in relation to the hearing of an application for a declaration under section 67 of this Act, and the provisions of those sections, of sections 179 , 180 , 182 , 183 , 184 , and 185 , and of sections 188 to 194 of this Act shall apply with such modifications as may be necessary with respect to every report required to be furnished to the Court under this paragraph. (2) The provisions of section 199 of this Act shall apply with respect to any person required to appear before the Court pursuant to subsection (1)(d) of this section as if that person had been called by the Court as a witness. (3) The Court shall not make any order under paragraph (a)(i) or paragraph (b) of subsection (1) of this section unless— (a) The report furnished to the Court under section 135 of this Act recommends that the order be made, and the Court is satisfied that every person to whom a copy of that report is required to be given agrees with that recommendation; or (b) A family group conference recommends that the order be made. (4) Nothing in section 128 of this Act shall apply in respect of any order that the Court proposes to make pursuant to subsection (1)(b) of this section. (5) Where a report is furnished to the Court pursuant to section 135 of this Act in respect of the review of any plan prepared in relation to any child or young person, any order that is in force under this Part of this Act and that relates to that child or young person shall, unless the Court otherwise directs, and subject to section 108(c) to (e) and section 117 of this Act and to any order made pursuant to this section, continue in force until the Court has completed its consideration of the report in accordance with this section and has determined what (if any) decision it should make with respect to that order.

Official source: legislation.govt.nz

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