sec.74Charter of rights for a child in care

### sec.74 Charter of rights for a child in care This section applies if the chief executive— has custody or guardianship of a child under a child protection order; or has custody of a child under a care agreement. As far as reasonably practicable, the chief executive must ensure the charter of rights is complied with in relation to the child. Subsection (2) does not limit another provision of this Act. The chief executive must ensure the child— is told about the charter of rights and its effect; and is given written information about the charter of rights unless, having regard to the child’s age or ability to understand, the chief executive reasonably believes the child would not be able to understand the information; and is regularly told about the obligations of the chief executive under subsection (2) ; and is told about the public guardian and other entities known to the chief executive that can help the child if the child considers that the charter of rights is not being complied with in relation to the child; and is regularly told about the child’s right to contact the chief executive if the child has any questions or concerns about the child’s protection and care needs. A communication mentioned in subsection (4) must— use language that is appropriate for the child; and be carried out in a way that is appropriate for the child. s 74 amd 2004 No. 13 s 11 ; 2005 No. 40 s 19 ; 2014 No. 26 s 198 ; 2022 No. 7 s 29 (sec.74-ssec.1) This section applies if the chief executive— has custody or guardianship of a child under a child protection order; or has custody of a child under a care agreement. (sec.74-ssec.2) As far as reasonably practicable, the chief executive must ensure the charter of rights is complied with in relation to the child. (sec.74-ssec.3) Subsection (2) does not limit another provision of this Act. (sec.74-ssec.4) The chief executive must ensure the child— is told about the charter of rights and its effect; and is given written information about the charter of rights unless, having regard to the child’s age or ability to understand, the chief executive reasonably believes the child would not be able to understand the information; and is regularly told about the obligations of the chief executive under subsection (2) ; and is told about the public guardian and other entities known to the chief executive that can help the child if the child considers that the charter of rights is not being complied with in relation to the child; and is regularly told about the child’s right to contact the chief executive if the child has any questions or concerns about the child’s protection and care needs. (sec.74-ssec.5) A communication mentioned in subsection (4) must— use language that is appropriate for the child; and be carried out in a way that is appropriate for the child. - (a) has custody or guardianship of a child under a child protection order; or - (b) has custody of a child under a care agreement. - (a) is told about the charter of rights and its effect; and - (b) is given written information about the charter of rights unless, having regard to the child’s age or ability to understand, the chief executive reasonably believes the child would not be able to understand the information; and - (c) is regularly told about the obligations of the chief executive under subsection (2) ; and - (d) is told about the public guardian and other entities known to the chief executive that can help the child if the child considers that the charter of rights is not being complied with in relation to the child; and - (e) is regularly told about the child’s right to contact the chief executive if the child has any questions or concerns about the child’s protection and care needs. - (a) use language that is appropriate for the child; and - (b) be carried out in a way that is appropriate for the child.