|
Chapter: | 213
 | Title: | PROTECTION OF CHILDREN AND JUVENILES ORDINANCE | Gazette Number: | |
| Section: | 45A | Heading: | Child assessment procedure | Version Date: | 30/06/1997 |
(1) Where the Director of Social Welfare has reasonable cause to suspect that a child or juvenile is, or is likely to be, in need of care or protection he may-
- (a) cause a notice to be served on any person having custody or control of the child or juvenile requiring that person to produce the child or juvenile for an assessment by a medical practitioner, clinical psychologist or an approved social worker of the state of his health or development or of the way in which he has been treated; or
(b) require any person having the custody or control of the child or juvenile to allow the Director of Social Welfare to observe the condition of the child or juvenile.
(3) A notice issued under subsection (1)(a) shall be sufficient authority for the medical practitioner, clinical psychologist or approved social worker named in the notice or any person assisting him or acting on his behalf to make an assessment and report his assessment to the Director of Social Welfare.
(4) Where in respect of a child or juvenile to whom subsection (1)(a) applies-
- (a) the Director of Social Welfare is unable to ascertain the identity or whereabouts of any of the persons on whom notice may be served under that subsection; or
(b) a notice issued and served under that subsection has not been complied with as regards the production of the child or juvenile at the time and place specified in the notice,
(5) A child or juvenile who has been so removed for the purpose of an assessment shall not be detained for longer than 12 hours as from the time of his removal, or such further period or periods not exceeding 36 hours in total as may in the opinion of the medical practitioner, clinical psychologist or approved social worker who is carrying out the assessment be necessary to complete the assessment.
(6) Subsection (5) does not authorize the detention of a child for longer than 12 hours unless-
- (a) the opinion referred to in that subsection; and
(b) a second opinion from another medical practitioner, clinical psychologist or approved social worker confirming that opinion,
(7) Notwithstanding section 34(1), where an application is made to a juvenile court under that section or under section 34C the court may, whether or not the child or juvenile in relation to whom the application is made is before the court, order that the child be assessed by a medical practitioner, clinical psychologist or an approved social worker as to the state of his health or development or as to the way in which he has been treated.
(8) The Director of Social Welfare or any officer generally or specially authorized for that purpose in writing by the Director of Social Welfare may enter any premises for the purpose of-
- (a) observing the condition of a child or juvenile pursuant to subsection (1)(b); or
(b) effecting a removal under subsection (4),
(9) A magistrate, juvenile court or District Court may issue a warrant to the Director of Social Welfare, or any officer authorized under subsection (8), to enter by the use of force if necessary any premises for the purposes mentioned in that subsection if that magistrate, juvenile court or District Court is satisfied by information on oath that there are reasonable grounds for suspecting that-
- (a) there is in the premises a child or juvenile who is liable to be dealt with under subsection (1)(b) or (4); and
(b) the entry can only be effected by the use of force.
- (a) if so required, produce evidence of his identity; and
(b) if a warrant has been issued under subsection (9)-
- (i) produce the warrant or a copy of the warrant; and
(ii) in effecting entry, use only such force as is reasonably necessary.
(Added 25 of 1993 s. 18)