CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 35
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 35
35 . Warrant (provisional protection and care), application for and issue of
(1) An authorised
officer who believes that a child is in need of protection may apply to a
judge or magistrate for a warrant (provisional protection and care) if the
officer —
(a) is
unable to find the child; or
(b)
believes that leaving the child at the place where the child is living poses
an unacceptable risk to the child’s wellbeing; or
(ca) in
a case where the child is temporarily in a safe place (for example, a
hospital) — believes that, when the child leaves that place, the child
is likely to be living in circumstances that pose an unacceptable risk to the
child’s wellbeing; or
(c)
believes that if a parent of the child or other person becomes aware of a
proposed protection application in respect of the child, the child will be
moved from the place where the child is living and the officer will be unable
to find the child.
(2) An application
under subsection (1) must be made in accordance with section 120.
(3) On an application
under subsection (1) a judge or magistrate may issue a warrant (provisional
protection and care) if the judge or magistrate is satisfied —
(a) that
there are reasonable grounds for the authorised officer to believe that the
child is in need of protection; and
(b) that
—
(i)
the authorised officer has been unable to find the child;
or
(ii)
there are reasonable grounds for the authorised officer
to have a belief referred to in subsection (1)(b), (ca) or (c).
Note for this section:
Section 123 contains
provisions about the effect of a warrant (provisional protection and care).
[Section 35 amended: No. 8 of 2009 s. 32(3); No.
23 of 2015 s. 32.]