Section 24Part 3 — THE DEPARTMENT'S SUPPORT FOR CHILDREN AND FAMILIES
General duty of Department in relation to children it looks after
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In this Law, any reference to a child who is looked after by the Department is a reference to a child who is —
in its care; or
provided with accommodation by the Department in the exercise of any its functions more particularly those under this Law.
In subsection (1) "accommodation" means accommodation which is provided for a continuous period of more than twenty four hours.
It shall be the duty of the Department looking after any child —
to safeguard and promote his welfare; and
to make such use of services available for children cared for by their own parents as appears to the Department reasonable in his case.
The duty of the Department under subsection (3)(a) to safeguard and promote the welfare of a child looked after by it, includes, in particular, a duty to promote the child's educational achievement.
Before making any decision with respect to a child whom it is looking after, or proposing to look after, the Department shall, so far as is reasonably practicable, ascertain the wishes and feelings of —
the child;
his parents;
any person who is not a parent of his but who has parental responsibility for him; and
any other person whose wishes and feelings the Department considers to be relevant, regarding the matter to be decided.
In making any such decision the Department shall give due consideration —
having regard to his age and understanding, to such wishes and feelings of the child as it has been able to ascertain;
to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as it has been able to ascertain; and
to the child's religious persuasion, racial origin and cultural and linguistic background.
If it appears to the Department that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise its powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, it may do so.
If the Governor considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to the Department with respect to the exercise of its powers with respect to a child whom it is looking after, he may give such directions to the Department.
Where any such directions are given to the Department, it shall comply with them even though doing so is inconsistent with its duties under this section.
Defined Terms
child who is looked after by the Departmentaccommodation