CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 88E

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 88E

88E .         Continuation order required for certain provisionally protected children

        (1)         In this section —

        continuation order means an order under section 133(2)(ca)(ii).

        (2)         This section applies in relation to a provisionally protected child who —

            (a)         is placed in a secure care facility under a secure care arrangement; and

            (b)         is not, at the time of that placement, the subject of an interim order (secure care).

        (3)         If the child is not already the subject of protection proceedings but the CEO decides, or is required, under Division 2 Subdivision 3 to make a protection application in respect of the child, the CEO must make an application for a continuation order in respect of the secure care arrangement when the CEO makes the protection application, unless before then the arrangement is cancelled.

        (4)         If the child is already the subject of protection proceedings, the CEO must make an application for a continuation order in respect of the secure care arrangement as soon as practicable, but in any event not more than 2 working days, after the child is placed in the secure care facility, unless before then the arrangement is cancelled.

        (5)         If, on an application under subsection (3) or (4), the Court refuses to make a continuation order in respect of the secure care arrangement, the CEO must, as soon as practicable after the refusal, cancel the arrangement and ensure that the child is removed from the secure care facility.

        [Section 88E inserted: No. 49 of 2010 s. 9.]