Cap. 569 Art. 17Application.

(1) The demand for the issue of any child protection order shall be made by the Director by means of an application to the Court of Magistrates.

(2) The application referred to in sub-article (1) shall, besides the relevant identification particulars of the child and, where applicable, of the parents of the child, contain a clear statement of the facts of the case, a report containing the findings of the investigations and assessments, an indication of any available alternative form of care, and such other documents as may be necessary in support of such application.

(3) Upon receipt of any such application, the Court shall appoint a Children’s Advocate for the child. The court shall then appoint the application for hearing within five working days and shall forthwith notify the Director, the parents of the child, the Children's Advocate, the Agency and, where applicable, the special guardian, of the date of such hearing.

(4) The Court of Magistrates shall, during the first sitting, hear the application of the Director, the evidence in support of that application, the parents of the child, the child, the Children’s Advocate and, where applicable, the special guardian. Where the Court of Magistrates is satisfied that the application is prima facie justified, the court shall adjourn the case for another date, being a date not later than two months from the date of the adjournment, and the Director shall within that period prepare a care plan: Provided that where the application is for a care order, the appropriate in the circumstances of the case it shall make the relative order, subject to such other conditions as the court may deem appropriate to impose, including the assignment of parental responsibilities to any person assigned with the responsibility to look after the well-being of the child and shall refer the case to the Review Board.