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StatuteChildren, Young Persons, and Their Families Act 1989

Section 369 — Children, Young Persons, and Their Families Act 1989: Notice to be given where child or young person placed in secure care

Text of the provision Official document

369 Notice to be given where child or young person placed in secure care (1) Where any child or young person is placed in secure care, the chief executive shall give notice that the child or young person has been placed in secure care to— (a) At least one of the following persons: (i) A parent of the child or young person: (ii) A guardian (other than the chief executive) of the child or young person: (iii) Any other person previously having the care of the child or young person: (b) Any person nominated by the child or young person, in accordance with regulations made under section 447 of this Act, to receive any such notice: (c) Either— (i) Any barrister or solicitor who represents the child or young person; or (ii) Any Youth Advocate appointed under section 323 of this Act to represent the child or young person. (2) Every notice under subsection (1) of this section shall be given— (a) Where practicable, by telephone forthwith on the placing of the child or young person in secure care; and (b) By letter in accordance with subsection (3) of this section. (3) Every notice under subsection (1) of this section that is given by letter shall— (a) Be sent not later than 24 hours after the child or young person is placed in secure care; and (b) Specify the ground for placing the child or young person in secure care; and (c) Contain a clear statement of— (i) The right to apply under section 380 of this Act for a review of the placement of a child or young person in secure care; and (ii) The procedure for applying for such a review. (4) Any notice required by this section to be given to any person by letter shall be deemed to have been received by that person when the letter would have been delivered in the ordinary course of post, and in proving that the notice was given it shall be sufficient to prove that the letter was properly addressed and posted. Subsection (1) 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 ” .

Official source: legislation.govt.nz

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