Section 78 — Children, Young Persons, and Their Families Act 1989: Custody of child or young person pending determination of proceedings

78 Custody of child or young person pending determination of proceedings (1) In any proceedings in a Court under Part 2 of this Act in relation to a child or young person, the Court may, on the application of any party to the proceedings, or a barrister or solicitor representing the child or young person, or of its own motion, make an order relating to the custody of the child or young person pending the determination of the proceedings. (2) Without limiting the generality of subsection (1) of this section, the Court may make an order under that subsection in relation to a child or young person in the following cases: (a) Where the child or young person has been placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act and is brought before the Court pursuant to section 45 of this Act: (b) Where the Court is satisfied that the child or young person is in need of care or protection for the period of the order: (c) In the case of an application for a declaration under section 67 of this Act on the ground specified in section 14(1)(e) of this Act, where— (i) It is not possible to make suitable alternative arrangements for the custody of the child pending the determination of the application; or (ii) It is in the public interest that the child be held in custody pending the determination of the application: (d) Where the Court has made a declaration under section 67 of this Act and has adjourned the proceedings pending their disposition: (e) Where an application for a variation or discharge of any order (or the variation or discharge of any condition of any order) is made to the Court under section 125 of this Act, at any time before such application is finally disposed of: (f) Where a report is furnished to the Court pursuant to section 135 of this Act, at any time before the Court has completed its consideration of the report and accompanying revised plan under section 137 of this Act. (3) An order under subsection (1) of this section may be made on such terms and conditions as the Court thinks fit. Compare: 1974 No 72 s 43(6) Section 78 was substituted, as from 8 January 1995, by section 10 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (2)(a) 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 ” .