Section 147 — Children, Young Persons, and Their Families Act 1989: Further restrictions on making of agreements

147 Further restrictions on making of agreements (1) No agreement relating to a child or young person shall be entered into under section 140 of this Act by any person (being the chief executive or an Iwi Social Service or a Cultural Social Service or a Director of a Child and Family Support Service) in any case where that person is not satisfied that a parent or guardian of the child or young person, or a person usually having the care of the child or young person, will resume the care of the child or young person on the termination of the agreement. (2) No agreement relating to a child or young person shall be entered into under section 140 or section 141 or section 142 of this Act by any person (being the chief executive or an Iwi Social Service or a Cultural Social Service or a Director of a Child and Family Support Service or a residential disability care operator within the meaning of section 58(4) of the Health and Disability (Safety) Act 2001 ) in any case where no parent or guardian, or a person usually having the care of the child or young person, or a member of the child's or young person's family, whanau, or family group, is willing to maintain contact with the child or young person during the term of the agreement. Subsections (1) and (2) were amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “ Iwi Social Service or a Cultural Social Service ” for “ Iwi Authority or a Cultural Authority ” . Subsections (1) and (2) were 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) was amended, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93) by substituting “ a residential disability care operator within the meaning of section 58(4) of the Health and Disability (Safety) Act 2001 ” for “ the controlling authority of a home registered under the Disabled Persons Community Welfare Act 1975 ” . See section 11 of that Act for transitional provisions.