171Removal of children and young persons from unauthorised out-of-home care

171 Removal of children and young persons from unauthorised out-of-home care

171 Removal of children and young persons from unauthorised out-of-home care

(1) If—

(a) a child or young person resides—

(i) in statutory or supported out-of-home care that is not authorised by this Act, or

(ii) with an authorised carer who is in breach of the carer’s authorisation, and

(b) the Secretary requests a person responsible for the child or young person to remove the child or young person from the statutory or supported out-of-home care, and

(c) the child or young person is not removed from the statutory or supported out-of-home care immediately,

the child or young person is taken to be a child or young person in need of care and protection.

(2) Subsection (1) does not apply to or in respect of a child or young person who is related to the person who has the care of the child or young person in the statutory or supported out-of-home care.

s 171: Am 2000 No 76, Sch 2 [21]; 2009 No 13, Sch 1.3 [14].