ACTIn ForceAct
Adoption Act 1993
35APlacement of child or young person before adoption
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35A Placement of child or young person before adoption
(1) The director-general may place a child or young person in the care of
a person if—
(a) the director-general is the guardian of the child or young person;
and
(b) the person—
(i) is on the register of suitable people; and
(ii) intends to apply for an adoption order for the child or
young person; and
(iii) has asked the director-general, in writing, to place the child
or young person in the person’s care until the application
is decided; and
(c) the child or young person has been consulted under section 35B;
and
Placement of child or young person before adoption Division 3.4
(d) if the child or young person is an Aboriginal or Torres Strait
Islander child or young person—the additional requirements
mentioned in section 6 (Aboriginal and Torres Strait Islander
child or young person—additional requirements) have been
complied with.
(2) The director-general must not place a child or young person in the
care of a person under subsection (1) unless the director-general
considers that the person is suitable to adopt the particular child or
young person having regard to the criteria set out in
section 39F (1) (c) (Deciding application for adoption order for child
or young person).
(3) The director-general must remove a child or young person from the
care of a person with whom the child or young person has been placed
under this section if—
(a) the person is no longer on the register of suitable people; or
(b) the director-general considers that the person is no longer
suitable to adopt the particular child or young person having
regard to the criteria set out in section 39F (1) (c); or
(c) within 1 year after the child or young person is placed in the care
of the person under this section, the person has not applied for
an adoption order for the child or young person.
(4) A person given care of a child under this section has daily care
responsibility for the child or young person.
(5) In this section:
daily care responsibility—see the Children and Young People
Act 2008, section 19.