CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 134A
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 134A
134A . Interim orders (secure care)
(1) The Court must not
make an interim order (secure care) unless the Court is satisfied that —
(a)
there is an immediate and substantial risk of the child causing significant
harm to the child or another person; and
(b)
there is no other suitable way to manage that risk and to ensure that the
child receives the care the child needs.
(2) An interim order
(secure care) must specify the period (the secure care period ) for which the
child is to be kept in a secure care facility under the secure care
arrangement to which the order relates.
(3) If the order is
made under section 133(2)(ca)(i), the secure care period must not exceed 21
days unless it is extended under subsection (6).
(4) If the order is
made under section 133(2)(ca)(ii), the aggregate of the secure care period and
the period for which the child has already been kept in a secure care facility
under the secure care arrangement to which the order relates must not exceed
21 days unless the secure care period is extended under subsection (6).
(5) The CEO may apply
to the Court for the variation of an interim order (secure care) to extend the
secure care period.
(6) On an application
under subsection (5) the Court may extend the secure care period by not more
than 21 days if the Court is satisfied that there are exceptional reasons for
doing so.
(7) The secure care
period cannot be extended under subsection (6) more than once.
(8) If, on an
application under section 134(1), the Court revokes an interim order (secure
care), the CEO must, as soon as practicable after the revocation, cancel the
secure care arrangement to which the order relates and ensure that the child
is removed from the secure care facility.
[Section 134A inserted: No. 49 of 2010 s. 19.]