s.39Powers of court in certain family proceedings
39
Section 39Part 4CARE AND SUPERVISION

Powers of court in certain family proceedings

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Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the Department to undertake an investigation of the child's circumstances.
Where the court gives a direction under this section the Department shall, when undertaking the investigation, consider whether it should, —
apply for a care order or for a supervision order with respect to the child;
provide services or assistance for the child or his family; or
take any other action with respect to the child.
Where the Department undertakes an investigation under this section, and decides not to apply for a care order or supervision order with respect to the child concerned, it shall inform the court of —
its reasons for so deciding;
any service or assistance which they have provided, or intend to provide, for the child and his family; and
any other action which they have taken, or propose to take, with respect to the child.
The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.
If, on the conclusion of any investigation or review under this section, the Department decides not to apply for a care order or supervision order with respect to the child —
it shall consider whether it would be appropriate to review the case at a later date; and
if the Department decides that it would be, they shall determine the date on which that review is to begin.