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 (c) (Repealed) 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)](/view/html/inforce/current/act-2010-104a) or the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070), 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\[2\] \[3\].