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StatuteChildren, Young Persons, and Their Families Act 1989

Section 385 — Children, Young Persons, and Their Families Act 1989: Children and young persons who abscond

Text of the provision Official document

385 Children and young persons who abscond (1) This section applies to any child or young person who— (a) Leaves or is taken without authority from a residence: (b) Refuses or neglects to return to a residence: (c) Leaves or is taken without authority from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362 of this Act: (d) Refuses or neglects to return to the care of any such person or organisation. (2) Any child or young person to whom this section applies may be detained without warrant by any member of the Police or a Social Worker and returned to any residence or to the care of any person or organisation, as the case may be, or otherwise dealt with in accordance with this Act. (3) A child or young person to whom this section applies, unless that child or young person was being detained pursuant to section 238(1)(d) or (e) of this Act or section 142A of the Criminal Justice Act 1985 , does not, by reason only of an act or omission referred to in subsection (1) of this section, commit an offence against section 120 of the Crimes Act 1961 . (4) For the purpose of detaining without warrant any child or young person who leaves or is taken without authority from a residence under this Act, every member of the staff of any such residence shall, if it is administered by the Crown, have the powers conferred on a Social Worker by subsection (2) of this section. Compare: 1974 No 72 s 104; 1977 No 126 s 18(2)

Official source: legislation.govt.nz

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