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Department of Social Welfare v RF (11 March 1993) YC, Otahuhu, CYPF No. 33/93, Harvey DCJ
Name: Department of Social Welfare v RF
Unreported
File number: CYPF No. 33/93
Date: 11 March 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368
Charge:
Key Title: Secure Care
Summary: Application for Order for Secure Care. RF (15) had absconded from Police custody on one occasion but had never absconded from a residential institution; had been compliant and co-operative but had threatened he would "run". No evidence to support "real likelihood that the child or young person will abscond" (s368 CYPFA); no evidence of likely harm to RF’s mental, physical or emotional wellbeing if he does abscond (s368 CYPFA). Charges against RF not admitted and absconding "hypothetical" only. Judge expressed concern that RF had been placed in secure care after merely saying that he would abscond. [Note: s368 as considered here was repealed and substituted on 8 January 1995 by 1994 No 121, s41].
Decision: Application dismissed.
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