CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 255 Final care and protection orders
CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 255
Final care and protection orders(1) The court may declare a child or young person to be in need of care and protection if satisfied that a final care and protection order should be made in relation to the child or young person.
(2) The court may not accept the admission of the parties to a proceeding that a child or young person is in need of care and protection but must satisfy itself that the child or young person is in need of care and protection.
(3) After making a declaration, the court may make a final care and protection order if satisfied that such an order is necessary to secure—
(a) the care and protection of the child or young person; or
(b) proper arrangements in existence for the care and protection of the child or young person.
(4) A final care and protection order in relation to a child or young person may include 1 or more of the following:
(a) an order that the chief executive supervise the care and protection of the child or young person in relation to matters mentioned in the order;
(b) an order conferring parental responsibility for the child or young person on the chief executive or someone else;
(c) an enduring parental responsibility order that has effect until the child or young person turns 18;
(d) an order that the child or young person submit to the jurisdiction of the Mental Health Tribunal to allow the tribunal—
(i) to decide whether the child or young person is mentally dysfunctional or mentally ill; and
(ii) if the tribunal decides that the child or young person is mentally dysfunctional or mentally ill—to make recommendations to the court as to how the child or young person should be dealt with;
(e) any other order the court considers appropriate.
(5) A final care and protection order has effect for a stated period or, if no period is stated, until the child or young person becomes an adult.
(6) Subsection (5) does not apply to the following final care and protection orders:
(a) an enduring parental responsibility order;
(b) a therapeutic protection order;
(c) an order that a child or young person submit to the jurisdiction of the Mental Health Tribunal.
(7) The court does not need to make a declaration that a child or young person is in need of care and protection before it may make a contact order, a domestic violence order or a restraining order on an application for a final care and protection order.