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StatuteChildren, Young Persons, and Their Families Act 1989

Section 19 — Children, Young Persons, and Their Families Act 1989: Referral of care or protection cases to Care and Protection Co-ordinator by other persons or by Court

Text of the provision Official document

19 Referral of care or protection cases to Care and Protection Co-ordinator by other persons or by Court (1) Where— (a) After inquiry, any body or organisation (including a Government department or other agency of the Crown, or a local authority) concerned with the welfare of children and young persons; or (b) In any proceedings, any Court— believes that any child or young person is in need of care or protection on one or more of the grounds specified in section 14(1) of this Act, that body, organisation, or Court may refer the matter to a Care and Protection Co-ordinator. (1A) Every referral pursuant to subsection (1) of this section shall be accompanied by— (a) A statement of the reasons for believing that the child or young person to whom the referral relates is in need of care or protection; and (b) Particulars sufficient to identify any person, body, or organisation that might be contacted to substantiate that belief; and (c) A statement indicating whether or not the referral is being made with the consent or knowledge of— (i) The parents or guardians or other persons having the care of the child or young person to whom the referral relates; or (ii) The family, whanau, or family group of that child or young person; and (d) Any recommendation as to the course of action the Care and Protection Co-ordinator might take in respect of the referral. (2) Every Care and Protection Co-ordinator to whom a case is referred pursuant to subsection (1) of this section shall, where it appears to that Care and Protection Co-ordinator to be necessary to do so,— (a) Except where paragraph (b) of this subsection applies, convene a family group conference in accordance with section 20 of this Act; or (b) Where the child is believed to be in need of care or protection on the ground specified in section 14(1)(e) of this Act, report the matter to the appropriate enforcement agency; or (c) Take such other action as is appropriate in the circumstances. (3) For the purposes of determining whether or not it is necessary to convene a family group conference pursuant to subsection (2)(a) of this section, a Care and Protection Co-ordinator may arrange for a case to be investigated by a Social Worker. (4) Every Care and Protection Co-ordinator to whom a case is referred pursuant to subsection (1) of this section by a Court shall,— (a) Within 28 days after receiving that referral, furnish to the Court a written report stating— (i) What action (if any) has been taken with respect to the case as a result of the referral; and (ii) If any such action has been taken, whether that action has resolved the matter, and, if so, how that matter has been resolved; and (iii) What further action (if any) is proposed with respect to the case, and, if any such action is proposed, when that action is likely to be completed; and (b) Subject to paragraph (c) of this subsection, where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, within 28 days of the furnishing of that report, furnish to the Court a written report stating— (i) What progress (if any) has been made with respect to that action; and (ii) When that action is likely to be completed; and (c) Where the report furnished pursuant to paragraph (a) of this subsection indicates that further action is proposed with respect to the case, on the completion of that action, furnish to the Court a written report stating whether that action has resolved that matter, and, if so, how that matter has been resolved. Subsection (1) was amended, as from 8 January 1995, by section 7(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by inserting “ on one or more of the grounds specified in section 14(1) of this Act ” . Subsection (1A) was inserted, as from 8 January 1995, by section 7(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (4) was inserted, as from 8 January 1995, by section 7(3) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).

Official source: legislation.govt.nz

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