38Transfer of guardianship of child or young person until

38 Transfer of guardianship of child or young person until (1) On receiving a request in writing by or for the authority in a State or another Territory having the guardianship of a child or young person in respect of whom consents with a view to adoption in the ACT have been given or dispensed with, the director-general may, in writing, declare that the child or young person is under the guardianship of the director-general while the child or young person is domiciled or resident in the ACT.

Guardianship before adoption Division 3.5 (2) If a declaration under subsection (1) has effect, then, while the child or young person is domiciled or resident in the ACT, the director-general is the guardian of the child or young person until— (a) the child or young person attains the age of 18 years; or (b) an adoption order is made; or or young person. (3) A declaration under subsection (1) ceases to have effect if the child or young person ceases to be under the guardianship of the authority in the State or other Territory. (4) If, in the opinion of the director-general, a law of a State or another Territory contains a provision corresponding to this section, the director-general may request the authority having the guardianship of children or young people until adoption in that State or Territory to declare that, while a child or young person of whom the director-general is the guardian under this Act (being a child or young person in respect of whom consents with a view to adoption in that State or Territory have been given or dispensed with) is domiciled or resident in that State or Territory, the child or young person is under the guardianship of that authority. (5) While a declaration under subsection (4) has effect, the functions and obligations of the director-general as guardian of the child or young person are suspended. (6) Subsection (5) does not apply in relation to the exercise by the director-general of a function in respect of a child or young person under an arrangement made under subsection (7). (7) The director-general may, on behalf of the Territory, make financial or other arrangements with an authority mentioned in subsection (1) or (4) in respect of a child or young person while the child or young person is under the guardianship of the director-general or that authority.

(8) The director-general may make arrangements for the return of a child or young person who is under the guardianship of the director-general under this section to his or her former custody.