Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 141 — Agreements for extended care of severely disabled children and young persons
141 Agreements for extended care of severely disabled children and young persons (1) This section applies to any child or young person who is so mentally or physically disabled that suitable care for…
Section 142 — Agreements with persons providing residential disability care
142 Agreements with persons providing residential disability care (1) This section applies to any child or young person who is a disabled person within the meaning of the Disabled Persons Community…
Section 143 — All parents or guardians not required to be party to agreement
143 All parents or guardians not required to be party to agreement Where a parent or guardian or person having the care of a child or young person— (a) Consents in writing to the making of the…
Section 144 — Agreement not to be made without consent of child or young person
144 Agreement not to be made without consent of child or young person (1) Subject to subsection (2) of this section, no agreement shall be made under section 140 or section 142 of this Act with…
Section 145 — Agreement not to be made without approval of family group conference
145 Agreement not to be made without approval of family group conference (1) No agreement may be made under section 140 or section 141 or section 142 of this Act unless, before the agreement is…
Section 146 — Form and terms of agreements
146 Form and terms of agreements (1) Every agreement entered into under section 140 or section 141 or section 142 of this Act shall— (a) Be in writing: (b) Specify the term of the agreement: (c)…
Section 147 — Further restrictions on making of agreements
147 Further restrictions on making of agreements (1) No agreement relating to a child or young person shall be entered into under section 140 of this Act by any person (being the chief executive or…
Section 148 — Effect of agreements
148 Effect of agreements Where a child or young person is placed in the care of any person pursuant to an agreement under section 139 or section 140 or section 141 or section 142 of this Act, that…
Section 149 — Agreement may provide for consent to medical treatment
149 Agreement may provide for consent to medical treatment Any agreement entered into under section 139 or section 140 or section 141 or section 142 of this Act may authorise the person in whose care…
Section 150 — Jurisdiction of Family Courts
150 Jurisdiction of Family Courts Subject to sections 151 and 341 of this Act, all proceedings under Part 2 or Part 3A of this Act shall be heard and determined in a Family Court. Compare: 1974 No 72…
Section 151 — Jurisdiction of District Courts in cases of urgency
151 Jurisdiction of District Courts in cases of urgency The following proceedings may be heard and determined in a District Court in any case where it is expedient that the proceedings be dealt with…
Section 152 — Service of application for declaration
152 Service of application for declaration (1) Subject to section 155 of this Act, every application for a declaration under section 67 of this Act that a child or young person is in need of care or…
Section 153 — Notice of application for declaration to be given to child or young person
153 Notice of application for declaration to be given to child or young person Where an application is made for a declaration under section 67 of this Act in respect of any child of or over the age…
Section 154 — Service of application for variation or discharge of order
154 Service of application for variation or discharge of order (1) Subject to section 155 of this Act, every application under section 125 of this Act shall be served, in accordance with rules of…
Section 155 — Court may dispense with service
155 Court may dispense with service Where any person cannot be served with an application in accordance with section 152 or section 154 of this Act, the Court may, on such terms and conditions as it…
Section 156 — Court may require party to attend hearing
156 Court may require party to attend hearing (1) Where the Court considers that the presence of any person required to be served with an application under section 152 or section 154 or section 207L…
Section 157 — Court may require child or young person to attend hearing
157 Court may require child or young person to attend hearing (1) Where the Court considers that the presence of the child or young person in respect of whom any application is made under Part 2 or…
Section 158 — Applications may be heard together
158 Applications may be heard together The Court may hear and determine an application for a declaration under section 67 of this Act or an application under section 125 of this Act (which relates to…
Section 159 — Appointment of barrister or solicitor to represent child or young person
159 Appointment of barrister or solicitor to represent child or young person (1) Where a child or young person who is the subject of any proceedings under Part 2 or Part 3A of this Act is not…
Section 160 — Appointment of barrister or solicitor to assist Court
160 Appointment of barrister or solicitor to assist Court In any proceedings in a Family Court under Part 2 or Part 3A of this Act the Court may appoint a barrister or solicitor to assist the Court.…
Section 161 — Further provisions relating to barrister or solicitor appointed under section 159 or section 160
161 Further provisions relating to barrister or solicitor appointed under section 159 or section 160 A barrister or solicitor appointed under section 159 or section 160 of this Act in respect of any…
Section 162 — Payment of barrister or solicitor appointed under section 159 or section 160
162 Payment of barrister or solicitor appointed under section 159 or section 160 (1) The fees and expenses of any barrister or solicitor appointed under section 159 or section 160 of this Act shall,…
Section 163 — Appointment of lay advocate
163 Appointment of lay advocate (1) The Court may, at any stage of any proceedings under Part 2 or Part 3A of this Act, on application by any party to the proceedings or of its own motion, appoint,…
Section 164 — Further provisions relating to lay advocate
164 Further provisions relating to lay advocate (1) The principal functions of a lay advocate appointed under section 163 of this Act are as follows: (a) To ensure that the Court is made aware of all…
Section 165 — Payment of lay advocate
165 Payment of lay advocate (1) The fees and expenses of any lay advocate appointed under section 163 of this Act shall, in accordance with regulations made under this Act, be paid out of the…
Section 166 — Persons entitled to be present at hearing of proceedings in Family Court
166 Persons entitled to be present at hearing of proceedings in Family Court (1) No person shall be present during the hearing of any proceedings in a Family Court under Part 2 or Part 3A of this Act…
Section 167 — Child or young person may give evidence in private
167 Child or young person may give evidence in private In any proceedings in a Court under Part 2 or Part 3A of this Act relating to a child or young person, the Judge hearing the proceedings may, if…
Section 168 — Other powers of Court to hear proceedings in private or exclude persons not affected
168 Other powers of Court to hear proceedings in private or exclude persons not affected Nothing in section 166(2) or section 167 of this Act limits any other power of the Court to hear proceedings…
Section 169 — Right to make representations
169 Right to make representations (1) In any proceedings before a Court under Part 2 or Part 3A of this Act relating to a child or young person, representations may be made to the Court on behalf of…
Section 170 — Calling of mediation conference
170 Calling of mediation conference (1) Where an application is made to the Court for a declaration under section 67 of this Act (other than on the ground specified in section 14(1)(e) of this Act),…
Section 171 — Objectives of mediation conference
171 Objectives of mediation conference The objectives of a mediation conference are— (a) To identify the problem in respect of which the exercise of the Court's jurisdiction is sought; and (b) To…
Section 172 — Procedure at mediation conference
172 Procedure at mediation conference (1) Every mediation conference shall be presided over by a Family Court Judge. (2) The following persons are entitled to be present at, and to participate in, a…
Section 173 — Presiding Judge to make record of proceedings at mediation conference
173 Presiding Judge to make record of proceedings at mediation conference (1) Where, at a mediation conference, the parties to the proceedings in respect of which the conference is held reach…
Section 174 — Power of presiding Judge to make consent orders
174 Power of presiding Judge to make consent orders (1) Subject to subsection (2) of this section, at a mediation conference the presiding Judge may, by consent of the parties, make any declaration…
Section 175 — Power to require attendance at mediation conference
175 Power to require attendance at mediation conference (1) Where any person fails to comply with a request under section 170(2)(b) of this Act to attend a mediation conference, a District Court…
Section 176 — Privilege
176 Privilege (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of a…
Section 177 — Presiding Judge may hear subsequent proceedings
177 Presiding Judge may hear subsequent proceedings The Family Court Judge who presides over a mediation conference shall be entitled to hear any subsequent proceedings under the application in…
Section 178 — Medical, psychiatric, and psychological reports
178 Medical, psychiatric, and psychological reports (1) If, at any stage of any proceedings under Part 2 or Part 3A of this Act, it appears to the Court to be expedient that a medical, psychiatric,…
Section 179 — Further provisions relating to medical, psychiatric, and psychological examinations
179 Further provisions relating to medical, psychiatric, and psychological examinations (1) Every medical examination carried out under subsection (1) or subsection (2) of section 178 of this Act…
Section 180 — Fees for reports prepared under section 178
180 Fees for reports prepared under section 178 Where any person prepares a report pursuant to section 178 of this Act, the fees and expenses of that person shall be paid by such party or parties to…
Section 181 — Court may order examination to be carried out in psychiatric hospital
181 Court may order examination to be carried out in psychiatric hospital (1) If, at any stage of the hearing of any proceedings under Part 2 of this Act,— (a) Two medical practitioners have…
Section 182 — Release of child or young person from psychiatric hospital where detention no longer required
182 Release of child or young person from psychiatric hospital where detention no longer required Any child or young person who is detained in a psychiatric hospital pursuant to an order made under…
Section 183 — Review of order made under section 178 or section 181
183 Review of order made under section 178 or section 181 The Court may, from time to time, review any order made under section 178 or section 181 of this Act, and on any such review the Court may…
Section 184 — Court may indicate matters to be dealt with in report
184 Court may indicate matters to be dealt with in report Where the Court makes an order under subsection (1) or subsection (2) of section 178 or under section 181(1) of this Act, it may indicate any…
Section 185 — Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
185 Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003 In respect of any person to whom an application for a declaration under section 67…
Section 186 — Report by Social Worker
186 Report by Social Worker (1) Where the Court makes a declaration under section 67 of this Act, the Court may, before making any order referred to in section 83(1) or section 84(1) of this Act,…
Section 187 — Cultural and community reports
187 Cultural and community reports (1) Where the Court makes a declaration under section 67 of this Act that a child or young person is in need of care or protection, the Court may, before making any…
Section 188 — Privilege for reports
188 Privilege for reports Any person who furnishes any report to the Court pursuant to section 178 or section 181 or section 186 or section 187 of this Act shall not be under any civil or criminal…
Section 189 — Adjournment for purposes of obtaining report
189 Adjournment for purposes of obtaining report (1) Any adjournments for the purposes of obtaining a report pursuant to section 178 or section 181 or section 186 or section 187 of this Act— (a)…
Section 190 — Reports may be made orally
190 Reports may be made orally The Court may, unless any party to the proceedings objects, direct that any report required pursuant to section 186 (other than a report to which subsection (2) of that…