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Public Guardian Act 2014
sec.52When is a child a relevant child
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### sec.52 When is a child a relevant child
A child is a relevant child if—
the child is subject to any of the following—
a temporary assessment order under the Child Protection Act , section 27 (1) ;
a court assessment order under the Child Protection Act , section 44 ;
a temporary custody order under the Child Protection Act , section 51AE ;
a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force—
under a transition order made under section 65A of that Act; or
by operation of section 65A (4) of that Act;
an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ;
a care agreement under the Child Protection Act , section 51ZE ; or
the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) .
A child stops being a relevant child if—
subject to subsection (3) —
the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or
if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or
subject to subsection (4) , the child turns 18.
A child to whom subsection (2) (a) refers continues to be a relevant child if—
immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes—
it is appropriate to finish providing the help to the child; or
the child—
may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and
continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
the public guardian believes the child requires particular help to review—
a decision ending the order, intervention or agreement; or
a decision to withdraw or refuse an application mentioned in subsection (1) (b) .
A person to whom subsection (2) (b) refers continues to be a relevant child if—
the person asks the public guardian for help in the person’s transition from being a relevant child; and
the public guardian is satisfied the person continues to be in need of particular help for the transition.
A person stops being a relevant child under subsection (3) or (4) when the public guardian—
has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and
advises the person that he or she is no longer a relevant child for this Act.
s 52 amd 2017 No. 17 s 214
(sec.52-ssec.1) A child is a relevant child if— the child is subject to any of the following— a temporary assessment order under the Child Protection Act , section 27 (1) ; a court assessment order under the Child Protection Act , section 44 ; a temporary custody order under the Child Protection Act , section 51AE ; a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— under a transition order made under section 65A of that Act; or by operation of section 65A (4) of that Act; an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ; a care agreement under the Child Protection Act , section 51ZE ; or the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) .
(sec.52-ssec.2) A child stops being a relevant child if— subject to subsection (3) — the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or subject to subsection (4) , the child turns 18.
(sec.52-ssec.3) A child to whom subsection (2) (a) refers continues to be a relevant child if— immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes— it is appropriate to finish providing the help to the child; or the child— may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or the public guardian believes the child requires particular help to review— a decision ending the order, intervention or agreement; or a decision to withdraw or refuse an application mentioned in subsection (1) (b) .
(sec.52-ssec.4) A person to whom subsection (2) (b) refers continues to be a relevant child if— the person asks the public guardian for help in the person’s transition from being a relevant child; and the public guardian is satisfied the person continues to be in need of particular help for the transition.
(sec.52-ssec.5) A person stops being a relevant child under subsection (3) or (4) when the public guardian— has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and advises the person that he or she is no longer a relevant child for this Act. s 52 amd 2017 No. 17 s 214
- (a) the child is subject to any of the following— (i) a temporary assessment order under the Child Protection Act , section 27 (1) ; (ii) a court assessment order under the Child Protection Act , section 44 ; (iii) a temporary custody order under the Child Protection Act , section 51AE ; (iv) a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— (A) under a transition order made under section 65A of that Act; or (B) by operation of section 65A (4) of that Act; (v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ; (vi) a care agreement under the Child Protection Act , section 51ZE ; or
- (i) a temporary assessment order under the Child Protection Act , section 27 (1) ;
- (ii) a court assessment order under the Child Protection Act , section 44 ;
- (iii) a temporary custody order under the Child Protection Act , section 51AE ;
- (iv) a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— (A) under a transition order made under section 65A of that Act; or (B) by operation of section 65A (4) of that Act;
- (A) under a transition order made under section 65A of that Act; or
- (B) by operation of section 65A (4) of that Act;
- (v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ;
- (vi) a care agreement under the Child Protection Act , section 51ZE ; or
- (b) the child is the subject of an application for an order mentioned in subsection (1) (a) (i) to (iv) .
- (i) a temporary assessment order under the Child Protection Act , section 27 (1) ;
- (ii) a court assessment order under the Child Protection Act , section 44 ;
- (iii) a temporary custody order under the Child Protection Act , section 51AE ;
- (iv) a child protection order under the Child Protection Act , section 61 , including a child protection order that continues in force— (A) under a transition order made under section 65A of that Act; or (B) by operation of section 65A (4) of that Act;
- (A) under a transition order made under section 65A of that Act; or
- (B) by operation of section 65A (4) of that Act;
- (v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2 , part 3B , division 2 ;
- (vi) a care agreement under the Child Protection Act , section 51ZE ; or
- (A) under a transition order made under section 65A of that Act; or
- (B) by operation of section 65A (4) of that Act;
- (a) subject to subsection (3) — (i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or (ii) if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or
- (i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or
- (ii) if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or
- (b) subject to subsection (4) , the child turns 18.
- (i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1) (a) (i) to (vi) ; or
- (ii) if the child is the subject of an application mentioned in subsection (1) (b) —the application is withdrawn or refused; or
- (a) immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes— (i) it is appropriate to finish providing the help to the child; or (ii) the child— (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
- (i) it is appropriate to finish providing the help to the child; or
- (ii) the child— (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
- (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and
- (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
- (b) the public guardian believes the child requires particular help to review— (i) a decision ending the order, intervention or agreement; or (ii) a decision to withdraw or refuse an application mentioned in subsection (1) (b) .
- (i) a decision ending the order, intervention or agreement; or
- (ii) a decision to withdraw or refuse an application mentioned in subsection (1) (b) .
- (i) it is appropriate to finish providing the help to the child; or
- (ii) the child— (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
- (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and
- (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
- (A) may be the subject of a further application for an order mentioned in subsection (1) (a) (i) to (iv) or a further intervention or agreement; and
- (B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or
- (i) a decision ending the order, intervention or agreement; or
- (ii) a decision to withdraw or refuse an application mentioned in subsection (1) (b) .
- (a) the person asks the public guardian for help in the person’s transition from being a relevant child; and
- (b) the public guardian is satisfied the person continues to be in need of particular help for the transition.
- (a) has finished providing the particular help mentioned in subsection (3) (a) or (b) or (4) (b) ; and
- (b) advises the person that he or she is no longer a relevant child for this Act.