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StatuteChildren, Young Persons, and Their Families Act 1989

Section 73 — Children, Young Persons, and Their Families Act 1989: Court not to make declaration unless satisfied that child's or young person's need for care or protection cannot be met by other means

Text of the provision Official document

73 Court not to make declaration unless satisfied that child's or young person's need for care or protection cannot be met by other means (1) The Court shall not make a declaration under section 67 of this Act that a child or young person is in need of care or protection unless it is satisfied that it is not practicable or appropriate to provide care or protection for the child or young person by any other means, including the implementation of any decision, recommendation, or plan made or formulated by a family group conference convened in relation to that child or young person. (2) In deciding whether or not to make a declaration under section 67 of this Act that a child or young person is in need of care or protection on any of the grounds specified in paragraph (a) or paragraph (b) of section 14(1) of this Act, the Court shall take into account, among other things, any evidence before the Court— (a) That the kind of harm suffered by the child or young person will neither continue nor be repeated: (b) That a parent or guardian or other person having the care of the child or young person will be capable of ensuring that the kind of harm suffered by the child or young person will be neither continued nor repeated.

Official source: legislation.govt.nz

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