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S.L. 16.1 · sl/16.1 (S.L. 16.1)

S.L. 16.1 Art. 5Notices and information to be given to the Director of Social Services.

En vigueurTexte officiel

(1) Subject to the provisions of sub-regulation (2) of this regulation, where arrangements are made for the placing of a minor in the care and custody of any person and by reason of the arrangements the minor would be a protected minor while in the care and custody of that person, every person taking part in the arrangements shall give notice in writing of the arrangements to the Director of Social Services, hereinafter referred to as "the Director".

(2) A notice under sub-regulation (1) need not be given by a parent or tutor of the child, nor, unless the minor is a protected minor also by reason of the circumstances referred to in regulation 2(2), by the person in whose care and custody the minor is to be placed.

(3) Where a minor who is about to be placed in the care and custody of any person would be a protected minor by reason of the circumstances referred to in regulation 2(2), then, without prejudice to the provisions of sub-regulation (1) of this regulation, the person in whose care and custody the minor is to be placed shall give notice in writing of the fact that the minor is to be placed in his care and custody to the Director.

(4) A notice under sub-regulation (1) or sub-regulation (3) shall be given not less than seven days before the minor is placed as mentioned in those sub-regulations, except that where the minor is so placed in an emergency, the notice may be given not later than three days after the child is so placed.

(5) Where a person who has a protected minor in his care and custody changes his permanent address, he shall, not less than seven days before the change, or, if the change is made in an emergency, not later than three days after the change, give written notice specifying the new address to the Director.

(6) If a protected minor dies, the person in whose care and custody he was at his death shall, within twenty-four hours of the death, give to the Director notice in writing of the death.

(7) A person who has or proposes to have a protected minor in his care and custody shall, at the request of the Director, give him the following particulars, so far as known to him, that is to say, the name, sex and date and place of birth of the minor, and the name being kept or is about to be received by any person who is unfit to have his care or in any premises or any environment detrimental or likely to be detrimental to him, the court may make a decree for his removal from the custody of such person and for giving other directions as to the placing and well-being of the minor; and on proof that there is imminent danger to the health or well-being of the minor, the power to make a decree under this regulation may be exercised by a Court of Magistrates acting on the application of the Director made with the consent of the Attorney General.

(2) In executing a decree under this regulation the marshal of the court may be accompanied by a family welfare officer or family welfare officers, who shall be considered as taking part in the execution of the decree.

(3) Where a minor is removed under this regulation the Director shall, if practicable, inform a parent of the minor or his tutor.