135Definition and types of “out-of-home care”

135 Definition and types of “out-of-home care”

135 Definition and types of “out-of-home care”

(1) For the purposes of this Act, out-of-home care means residential care and control of a child or young person that is provided—

(a) by a person other than a parent of the child or young person, and

(b) at a place other than the usual home of the child or young person,

whether or not for fee, gain or reward.

(2) There are 2 types of out-of-home care for the purposes of this Act, as follows—

(a) statutory out-of-home care—see section 135A,

(b) supported out-of-home care—see section 135B.

(c) (Repealed)

(3) For the purposes of this Act, out-of-home care does not include—

(a) daily care and control of a child given by a person in the person’s capacity as an approved provider of education and care services under the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, or

(b) any care provided by a relative or kin of a child or young person unless—

(i) the Minister has parental responsibility for the child or young person by virtue of an order of the Children’s Court, or

(ii) the child or young person is in the care of the Secretary, or

(iii) it is care in respect of which the Secretary is providing support under section 153, or

(b1) any care of a child or young person provided by a person who has parental responsibility for the child or young person under a guardianship order, or

(c) anything prescribed by the regulations not to be out-of-home care.

(4) However, a child or young person who is in out-of-home care does not cease to be in that care merely because the child or young person becomes subject to any care or control referred to in subsection (3).

s 135: Am 2000 No 53, Sch 1.2 [2] [3]; 2000 No 76, Sch 1 [17]; 2001 No 56, Sch 2.4; 2001 No 91, Sch 1 [17] [18]; 2002 No 53, Sch 1.1 [2]; 2003 No 82, Sch 1.6 [4] [5]. Subst 2009 No 13, Sch 1.3 [4]. Am 2011 No 70, Sch 2.2 [2]; 2014 No 8, Sch 1 [73] [74]; 2018 No 81, Sch 1 [40]; 2019 No 25, Sch 5.8[13]; 2022 No 33, Sch 2.2[2] [3].