Division 4 Who has care responsibility?

49   Care of child or young person pending care proceedings

(1)  If a child or young person is removed from the care of his or her parent or parents under this Part or a warrant issued under section 233:

(a)  the child or young person is to be kept at a place approved by the Minister for the purposes of this section, and

(b)  the Director-General has the care responsibility for the child or young person.

(2)  The Children’s Court may, by order, vest the care responsibility in a designated agency.

(3)  The Director-General or designated agency having the care responsibility for the child or young person may delegate that responsibility to a relative of the child or young person, an authorised carer or a person approved by the Children’s Guardian.

(4)  Despite subsection (3), the Director-General may delegate the care responsibility for the child or young person on an interim basis to a person other than a person specified in subsection (3) but must use his or her best endeavours to delegate that responsibility to a person so specified as soon as is reasonably practicable.

(5)  The exercise of the care responsibility by a person referred to in subsection (3) or (4) is subject to any direction given to the person by the Director-General or the designated agency that made the delegation.

50   Discharge of child or young person from Director-General’s care responsibility

(1)  The Director-General may, at any time, discharge a child or young person from the Director-General’s care responsibility with or without any undertakings being given by the child or young person or by a parent of the child or young person.

(2)  An undertaking, if given, is to be in writing and signed by the person giving it.

(3)  In determining whether or not to exercise the power under subsection (1), the Director-General is to have regard to the following:

(a)  any views expressed by the child or young person as to whether he or she wishes that power to be exercised,

(b)  any views expressed by the child or young person as to whether he or she intends to return to the care and protection of a parent,

(c)  whether the exercise by the Director-General of that power is likely to protect the safety, welfare and well-being of the child or young person,

(d)  whether the failure by the Director-General to exercise that power is likely to endanger the safety, welfare and well-being of any other person.

(4)  If the Director-General discharges the child or young person from the Director-General’s care responsibility following an order of the Children’s Court, the Director-General must explain to the Children’s Court at the next sitting day of the Court why the Director-General’s care responsibility was no longer needed.