Div 3Temporary placement of child or young person where approved carer not available

Division 3—Temporary placement of child or young person where approved carer not available 77—Temporary placement of child or young person where approved carer not available (1) Despite a provision of Division 2, but subject to this section, the Chief Executive may place a child or young person who is removed under this Act, or who is in the custody or under the guardianship of the Chief Executive, in the care of a person who is not an approved carer if the Chief Executive is satisfied that— (a) it is a matter of urgency that the child or young person be placed in the care of a person other than a person with whom the child or young person is residing; and (b) it is not, in the circumstances, reasonably practicable to place the child or young person in the care of an approved carer; and (c) the risk of harm being caused to the child or young person if they are not placed in the care of a person under this section exceeds the risk that the person will cause harm to the child or young person. (2) Despite any other provision of this Act, the placement of a child or young person under subsection (1)— (a) must be of a temporary nature (and in any event must not exceed a period of 3 months); and (b) must be brought to an end as soon as it is reasonably practicable to place the child in the care of an approved carer; and (c) must comply with any relevant policy published under section 19. (3) If a child or young person is placed in the care of a person under this section— (a) section 71 will be taken not to apply to the person; (b) sections 73, 81 and 82 are to be construed as if the person were an approved carer (but, to avoid doubt, the person will not otherwise be taken to be an approved carer). (4) The regulations may make further provisions in relation to the placement of a child or young person in the care of a person under this section (including by modifying the operation of a specified provision or provisions of this Act relating to the placement of children and young people).