Cap. 285 Art. 4Care order in respect of a child or young person in need of care, protection or control.
(1) If, on representations made to him in writing by the
Chief Executive Officer of the Social Care Standards Authority and after giving the parents and the guardian, if any, of the child or young person an opportunity to express their views, and after hearing any other person he may deem likely to assist him, the
Minister is satisfied that that child or young person is in need of care, protection or control, it shall be the duty of the Minister by an order in writing under his hand to take such child or young person into his care.
(2) A copy of any order made by the Minister under sub-article
(1) shall forthwith be sent by registered letter to the person exercising paternal authority over the child or young person, or to his guardian, if any, who shall be asked to state to the Chief Executive Officer of the Social Care Standards Authority within twenty-one days from the date of receipt of the said letter, whether he objects to the said order.
(3) If the person to whom the registered letter is sent under sub-article (2) shall, within the time therein prescribed, signify, even verbally, his objection to the order, the Chief Executive Officer of the Social Care Standards Authority shall, not later than seven days from the date on which he shall have become aware of the objection, refer the case to the Juvenile Court in such manner as shall be prescribed by regulations made under article 13.
(4) Where a case is referred to the Juvenile Court under sub-article (3), the said court shall, in such manner and within such time as shall be prescribed by regulations made under article 13, review the whole case and decide whether the child or young person is in need of care, protection or control and shall accordingly confirm or revoke the order made under sub-article (1).
(5) If the Juvenile Court confirms the order made under sub-article (1), the person referred to in the said sub-article may, after four months following such confirmation, request the Juvenile Court to review the order. Such a request shall be made by means of a registered letter to the Chief Executive Officer of the Social Care Standards Authority. The Chief Executive Officer of the Social Care Standards Authority shall, not later than seven days from the date of the receipt of such letter, refer the case to the Juvenile Court in the same manner as prescribed by the regulations made under article 13, so however that the said Court shall give its decision about the said reference within twenty-one days from when it is made to it.
(6) An order made under sub-article (1) shall, unless it has ceased to have effect earlier, cease to have effect on the date on which the child or young person in respect of whom the order is made attains the age of eighteen years.
(b) that it is in the interest of the said child or young person that he should be taken into the care of the Minister without following the procedure established in, and making an order under, article 4(1), he may, by an order in writing under his hand, take such child or young person into his care: Provided that such an order shall cease to have effect after the lapse of twenty-one days from the date on which it is made.
Änderungsgeschichte
- Amended by II.2019.4