Clause 40

by deleting paragraphs (b), (c) and (d) of subsection (1) and substituting the following paragraphs:“(b)order —

the child or young person to be committed, for such period as the Court may specify, to the care of one of the following care‑providers as may be determined by the Director‑General or a protector:

a fit person;

a place of safety;

a place of temporary care and protection; and

that the Director‑General, a protector and the care‑giver of the child or young person may, without the consent of any parent or guardian of the child or young person but under the supervision of the Court, make decisions affecting the child or young person in accordance with section 49A; or

without making any order, or in addition to an order, under paragraph (a) or (b), make an order placing the child or young person under the supervision of the Director‑General, a protector, an approved welfare officer or any other person appointed for that purpose by the Court, for such period as may be specified by the Court.”;

by inserting, immediately after subsection (1), the following subsections:“(1A) For the purposes of an order under subsection (1)(b), the Youth Court may further order that the determination by the Director‑General or protector as to the fit person to whom, or the place of safety or place of temporary care and protection to which, the child or young person is committed may be varied by the Director‑General or a protector (who may or may not have made the determination) during the period of the child’s or young person’s committal, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General or protector (as the case may be) thinks that it is in the best interests of the child or young person to do so.(1B) Where —

a Youth Court has ordered the committal of a child or young person to the care of a fit person, or a place of safety or place of temporary care and protection (called in this subsection and subsection (1C) the principal care‑provider) under subsection (1)(b); and

the principal care‑provider is unable to provide care for the child or young person for a period that is at least 8 weeks,the Director‑General or protector may arrange for the child or young person to be committed to the temporary care of another fit person, or a place of safety or place of temporary care and protection during that period, whether or not the arrangement would result in the child or young person being committed to a different care‑provider.(1C) An arrangement by the Director‑General or a protector under subsection (1B) is not to be treated as a variation under subsection (1A) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (1B).(1D) Where any parent or guardian of the child or young person disagrees with a determination of the Director‑General or a protector under subsection (1)(b) or a variation of the determination under subsection (1A), the parent or guardian (as the case may be) may apply to the Youth Court to review the determination or variation.(1E) After reviewing a determination under subsection (1)(b) or variation under subsection (1A), the Youth Court may order that the child or young person be committed to the care of such fit person, or to such place of safety or place of temporary care and protection as specified by the Court.(1F) Where 3 variations have been made by the Director‑General or a protector under subsection (1A) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (1)(b)(i), and the Director‑General or a protector is of the view that a further variation during that period is necessary, the Director‑General or protector must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety or place of temporary care and protection to which, the child or young person is to be committed.”;

by deleting the words “the Court and” in subsection (7)(a) and substituting the words “the Court, the Director‑General or”;

by inserting, immediately after the word “vary” in subsection (9), the words “the period of the order”; and

by deleting subsection (10) and substituting the following subsection:“(10) To avoid doubt, where an order to be varied or discharged under subsection (9) is an order made under subsection (1)(b) or (c) and involves a person who is older than 18 years of age (but below 21 years of age) at the time the order is to be varied or discharged, the Youth Court must not extend the period for which the person is to be committed to the care of a fit person or to a place of safety or place of temporary care and protection, or placed under the supervision of the Director‑General, a protector, an approved welfare officer or a person appointed by the Court, as the case may be.”.