s.36Parental contact, etc. with children in care
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Section 36Part 4 — CARE AND SUPERVISION

Parental contact, etc. with children in care

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Where a child is in the care of the Department, it shall (subject to the provisions of this section) allow the child reasonable contact with —
his parents;
any guardian of his;
where there was a residence order in force with respect to the child immediately before the care order was made, the person in whose favour the order was made; and
where, immediately before the care order was made a person had care of the child by virtue of an order made in the exercise of the court's inherent jurisdiction with respect to children, that person.
On an application made by the Department or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person; and such order may provide that that named person undergo and successfully complete a parenting programme approved by the Ministry responsible for the welfare of children.
On an application made by —
any person mentioned in paragraphs (a) to (d) of subsection (1); or
any person who has obtained the leave of the court to make the application,
the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.
On an application made by the Department or the child, the court may make an order authorising the Department to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order.
When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of the Department, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.
The Department may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if —
it is satisfied that it is necessary to do so in order to safeguard or promote the child's welfare; and
the refusal —
is decided upon as a matter of urgency; and
does not last for more than seven days.
Notwithstanding subsection (6), during any period in which a person specified in subsection (1) is refused contact with a child, the Department shall nevertheless provide such person with information if requested, on the wellbeing of the child.
An order under this section may impose such conditions as the court considers appropriate.
The Governor in Cabinet may by regulations make provision as to —
the steps to be taken by the Department in exercising its powers under subsection (6);
the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the Department and the person in relation to whom the order is made; and
notification by the Department of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.
The court may vary or discharge any order made under this section on the application of the Department, the child concerned or the person named in the order.
An order under this section may be made either at the same time as the care order itself or later.
Before making a care order with respect to any child the court shall —
consider the arrangements which the Department has made, or propose to make, for affording any person contact with a child to whom this section applies; and
invite the parties to the proceedings to comment on those arrangements.

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