Section 312 — Children, Young Persons, and Their Families Act 1989: Effect of supervision with residence order

312 Effect of supervision with residence order (1) Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive,— (a) the chief executive has the role of providing day-to-day care for the child or young person as if a parenting order had been made with respect to the child or young person under section 48(1) of the Care of Children Act 2004 ; and (b) Except to the extent that they are preserved by the Court in any order made under section 313 of this Act, all the rights, powers, and duties of every other person having custody of the young person shall be suspended and shall have no effect; and (c) for the purposes of section 91 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 chief executive is a person who, under the order, has the role of providing day-to-day care for the child or young person. (2) Any order made under section 311(1) of this Act 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 take the young person to whom the order relates to such residence as is specified in the plan prepared under section 335 of this Act in relation to that young person and approved by the Court, and to use such force as is reasonably necessary for that purpose. (3) Where the Court makes an order under section 311 of this Act placing a young person in the custody of the chief executive, the chief executive may, with the approval of the Court, transfer the young person from any residence under this Act to any other residence under this Act, and may, for that purpose, use such force as is reasonably necessary. Section 312 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 (1)(a) and (c) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting “ Care of Children Act 2004 ” for “ Guardianship Act 1968 ” .