Section 82 — Children, Young Persons, and Their Families Act 1989: Child or young person may be returned to person who previously had care

82 Child or young person may be returned to person who previously had care (1) This section applies where a child or young person is placed in the custody of the chief executive, an Iwi Social Service, a Cultural Social Service, or the Director of a Child and Family Support Service pursuant to an order made under section 78 of this Act. (2) Subject to subsection (5) of this section, where this section applies, the person in whose custody the child or young person is placed may, at any time before the order expires or is discharged, if that person considers it appropriate to do so, return the child or young person to the custody of the parent or guardian or other person who had the care of the child or young person immediately before the order was made. (3) The person so returning the child or young person may impose such conditions relating to the supervision of the child or young person as that person thinks fit. (4) Subject to subsection (5) of this section, where,— (a) Pursuant to subsection (2) of this section, a child or young person is returned to the custody of another person; and (b) At any time before the order made under section 78 of this Act expires or is discharged, the person so returning the child or young person considers that it is no longer desirable in the interests of the child or young person that he or she be in the custody of that other person,— the person may direct that other person to return the child or young person to the custody of that person. (5) No person shall— (a) Return a child or young person to the custody of any other person pursuant to subsection (2) of this section; or (b) Issue a direction under subsection (4) of this section in relation to a child or young person— without first consulting with the barrister or solicitor representing that child or young person. (6) Where a person gives a direction under subsection (4) of this section,— (a) Any Social Worker acting under the specific or general authority of that person may— (i) Remove the child or young person to whom the direction relates, using such force as is reasonably necessary for the purpose; and (ii) Place the child or young person with such person, or (where the person giving the direction is the chief executive) in such residence, as the person giving the direction thinks fit: (b) Subsections 2) and (3) of section 105 of this Act shall apply, so far as applicable and with all necessary modifications, in relation to the removal of the child or young person pursuant to the direction. Sections 81 and 82 were substituted, as from 8 January 1995, by section 11 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsections (1) and (6)(a)(ii) were 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 ” .