s.46Orders for emergency protection of children
46
Section 46Part 5 — PROTECTION OF CHILDREN

Orders for emergency protection of children

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Where the Department applies to the court for an order to be made under this section with respect to a child, the court may only make the order if it is satisfied that —
there is reasonable cause to believe that the child is likely to suffer significant harm if —
he is not removed to accommodation provided by or on behalf of the Department; or
he does not remain in the place in which he is then being accommodated;
enquiries are being made with respect to the child under section 50(1)(a); and those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the Department has reasonable cause to believe that access to the child is required as a matter of urgency.
Any officer of the Department —
seeking access to a child in connection with enquiries being made under section 50 (1)(a); and
purporting to be a person authorised to do so,
While an order under this section ("an emergency protection order") is in force it —
operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the Department;
authorises —
the removal of the child at any time to accommodation provided by or on behalf of the Department and his being kept there; or
the prevention of the child's removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; and
gives the Department parental responsibility for the child.
Where an emergency protection order is in force with respect to a child, the Department —
shall only exercise the power given by virtue of subsection (3)(b) in order to safeguard the welfare of the child;
shall take, and shall only take, such action in meeting its parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child (having regard in particular to the duration of the order); and
shall comply with the requirements of any regulations made by the Governor in Cabinet for the purposes of this subsection.
Where an emergency protection order is in force with respect to a child and —
the Department has exercised the power given by subsection (3)(b)(i) but it appears to him that it is safe for the child to be returned; or
the Department has exercised the power given by subsection (3)(b)(ii) but it appears to the Department that it is safe for the child to be allowed to be removed from the place in question,
Where it is required by subsection (5) to return the child the Department shall —
return him to the care of the person from whose care he was removed; or
if that is not reasonably practicable, return him to the care of —
a parent of his;
any person who is not a parent of his but who has parental responsibility for him; or
such other person as the Department (with the agreement of the court) considers appropriate.
Where the Department has been required by subsection (5) to return the child, or to allow him to be removed, it may again exercise its powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to the Department that a change in the circumstances of the case makes it necessary for it to do so.
Wherever it is reasonably practicable to do so, an emergency protection order shall name the child; and where it does not name him it shall describe him as clearly as possible.
A person shall have committed an offence if he intentionally obstructs any person exercising the power under subsection (3)(b) to remove, or prevent the removal of, a child.
A person who commits an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both.

Defined Terms

emergency protection order

Cross References

Referenced By