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CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 97 Circumstances in which child may be taken into safe custody

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 97

Circumstances in which child may be taken into safe custody

(1)  A magistrate may issue a warrant for the purpose of having a child taken into safe custody if the magistrate is satisfied by evidence on oath or by the affidavit of the Secretary, an employee of the Department or a police officer that –
(a) a child is absent without lawful authority or excuse from –
(i) the place in which the child has been placed; or
(ii) the person in whose custody the child has been placed –
by or under the authority of an assessment order, interim assessment order, care and protection order or interim care and protection order; and
(b) either –
(i) reasonable steps have been taken to return the child to the place in which, or the person with whom, the child was so placed and those steps have been unsuccessful; or
(ii) there are reasonable grounds for concern for the safety of the child.
(2)  An application for a warrant may be made by an employee of the Department or a police officer.
(3)  When acting under a warrant, the employee of the Department or police officer –
(a) may be accompanied by such police officers and employees of the Department as may be necessary or desirable; and
(b) may use such force as is reasonable.
(4)  A child taken into safe custody under a warrant issued under subsection (1) must be brought before the Court as soon as practicable and, in any event, within one working day after the child was taken into safe custody.
(5)  A child taken into safe custody under this section must, until the child can be brought before the Court, be placed by the person who executed the warrant –
(a) in the place specified in the warrant; or
(b) if no place is so specified, in a place determined by the Secretary.