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Children and Young Persons (Care and Protection) Act 1998
151Making of temporary care arrangements
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#### 151 Making of temporary care arrangements
151 Making of temporary care arrangements
> > (1) The Secretary may make a temporary care arrangement in respect of a child or young person if the child or young person is, in the opinion of the Secretary, in need of care and protection.
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> > (2) The Secretary—
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> > > (a) has the care responsibility of a child or young person who is the subject of a temporary care arrangement, and
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> > > (b) may delegate that care responsibility only to an authorised carer.
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> > (3) The Secretary must not, in the case of a child, make a temporary care arrangement in respect of the child unless—
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> > > (a) a parent of the child consents to the arrangement and a permanency plan involving restoration is in place in relation to the child, or
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> > > (b) the parents of the child are, in the opinion of the Secretary, incapable of consenting to the arrangement.
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> > (4) The regulations may make provision for or with respect to temporary care arrangements under this Division.
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> **s 151:** Am 2001 No 91, Sch 1 \[22\]. Subst 2009 No 13, Sch 1.3 \[8\].