||Title:||CHILD CARE SERVICES ORDINANCE||Gazette Number:||L.N. 446 of 1997|
|Section:||15B||Heading:||Persons may be determined to be unsuited to act as childminder on basis of coroner's inquiry||Version Date:||30/09/1997|
(1) Following the conclusion of an inquiry by a coroner into the death of a child while in the care of a childminder the coroner shall, if so requested by the Director, or may, of his own accord, forward to the Director for the purpose of considering a determination under subsection (2) copies of the following documents relating to the inquiry, namely-
(a) the record of his findings or the findings and verdict of the jury (as the case may be);
(b) any riders recorded by the coroner;
(c) a transcript of any notes or record of evidence taken or made; and
(d) any documents which have been produced in evidence.
he may determine the person to be unsuited to act as a childminder.
(a) the Director has received documents forwarded to him under subsection (1) concerning the death of a child while in the care of a person acting as a childminder;
(b) the Director is of the opinion, having regard to such documents, that the death of the child was caused or contributed to by the failure of the person to exercise proper care in acting as a childminder,
(3) A determination shall not be made by the Director under subsection (2) in respect of any person unless-
(4) Where the Director has made a determination under subsection (2) in respect of a person he shall by notice in writing notify the person of his determination stating the grounds upon which the determination was made.
(a) not less than 28 days before making the determination the person has been given notice in writing informing him of the Director's intention to consider the making of a determination under subsection (1) and enclosing copies of any documents received by the Director under subsection (1);
(b) the person has been allowed an opportunity to make written representations to the Director.
(5) A person aggrieved by a decision of the Director under subsection (2) made in respect of him may, within 28 days after receiving notification of the decision under subsection (4), appeal to the Administrative Appeals Board.
(6) In this section, reference to the death of a child while in the care of a childminder shall be read as including a reference to the death of a child the cause of which death arose while the child was in the care of a childminder.
(7) Any notice required to be given to a person under this section may be so given by being sent by registered post to the person at his last address known to the Director.
(Added 38 of 1997 s. 14)