Care and Protection

Question 1

What is section 14?

Answer 1

Identifies CYP in need of care

Question 2

What are examples of CYP in need of care under section 14?

Answer 2

• CYP likely to be sexually/emotionally/physically abused/neglected
• Serious differences between CYP and guardian that affects well being
• Guardian unable/unwilling to control CYP
• Child aged 10-14 is offending to such an extent their is concern for their wellbeing

Question 3

What is section 6?

Answer 3

The paramount principle that “the welfare and interests of the CYP shall be the first and paramount consideration”

Question 4

What is section 42?

Answer 4

Is a search without warrant for any police member who believes on reasonable grounds that is is critically necessary to protect the CYP from injury or death may enter without warrant (using force if necessary) any;
-dwelling house
-building
-aircraft
-ship
-carriage
-vehicle
-premises or place
and remove or detain the CYP (using force if necessary) and place that CYP in the custody of CYFS

Question 5

What are the statutory obligations under section 42?

Answer 5

• Produce evidence of ID
• state they are using section 42 of CYPF Acts 1989
• Within three days notify the commissioner of their use of this powerby forwarding a CYP arrest/removal notification in the Bulletin Board

Question 6

What is section 39?

Answer 6

Is a warrant search power where a person authorised by warrant under this section can enter and search (using force if necessary) any;
-dwelling house
-building
-aircraft
-ship
-carriage
-vehicle
-premises or place
if they believe on reasonable grounds that the CYP has suffered or is likely to suffer; 
-ill-treatment
-serious neglect
-abuse
-serious deprivation
-serious harm
and the person can remove or detain (using force if necessary) the CYP and place them in the care of CYFS

Question 7

What is the difference between section 42 and section 39?

Answer 7

Section 42 is when you require immediate action where as section 39 applies when you have time to apply for a warrant

Question 8

What is section 48?

Answer 8

Where a CYP is found unaccompanied by a parent/guardian/person who normally cares for them, in a situation in which their mental/physical health is being or likely to be impaired, police may take the CYP and with their consent deliver them in the custody of a parent/guardian/other person. If no consent is given or caregivers are unwilling to take the CYP then they can place the CYP in CYPFS custody

Question 9

What is Section 10B of the Summary Offences Act 1981?

Answer 9

This section states that being a parent/guardian/person having the care of a child under 14 years old and leaves that child without making reasonable provisions for the supervision and care of the child for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances