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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 242 Actions on placing child in emergency care

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 242

Actions on placing child in emergency care

S. 242(1) amended by No. 52/2013 s. 27(2).

    (1)     A protective intervener must on placing a child in emergency care under section 241 give to—

        (a)     the child's parents, unless they cannot be found after reasonable inquiries; and

        (b)     the child, if he or she is of or above the age of 12 years—

a written statement containing the prescribed information relating to the placing of children in emergency care under that section.

S. 242(2) substituted by No. 52/2013 s. 27(3).

    (2)     If a child has been placed in emergency care under section 241, the Court must hear an application for an interim accommodation order in respect of the child as soon as practicable and in any event within one working day after the child was placed in emergency care.

S. 242(3) substituted by No. 52/2013 s. 27(3).

    (3)     Unless the Court hears an application for an interim accommodation order within 24 hours after the child was placed in emergency care, a bail justice must hear an application for an interim accommodation order in respect of the child as soon as possible within that period of 24 hours.

S. 242(4) repealed by No. 52/2013 s. 27(3).

    *     *     *     *     *

S. 242(5) amended by No. 52/2013 s. 27(4).

    (5)     Until an application for an interim accommodation order is made to the Court or a bail justice, a child placed in emergency care under section 241 may only be placed—

        (a)     in an out of home care service; or

        (b)     if there is a substantial and immediate risk of harm to the child, in a secure welfare service; or

        (c)     in other accommodation approved by the Secretary in accordance with the prescribed criteria (if any).

S. 243 (Heading) amended by No. 52/2013 s. 28(1).