Child, Young Persons and their Families Act 1989 - Care & Protection

Question 1

S.6

Answer 1

Paramount consideration

- the WELFARE and INTERESTS of the child is the FIRST AND PARAMOUNT CONSIDERATION

Question 2

S.10 (b)

Answer 2

Leaving a C/YP unaccompanied without supervision & care

• UNDER 14YRS
• WITHOUT SUPERVISION & CARE
• for an UNREASONABLE
• length of TIME

(liable for a fine not exceeding $2000)

Question 3

S.13 (2) (b)

Subordinate to S.6

Answer 3

Care & Protection Principles

• wellbeing of the C/YP is entwined with family
• C/YP’s wellbeing is promoted by the family to the fullest extent
• C/YP is severed from the family only as a last resort

Question 4

S.14

Answer 4

Definition of a C/YP in need of care & protection

- A C/YP suffering physical, emotional and psychological abuse of any kind

Question 5

S.14, S & S Act 2012

Answer 5

Warrantless power of entry

• RGTS
• RISK TO LIFE & SAFETY to any person
• TAKE ANY ACTION
• REQUIRES EMERGENCY RESPONSE

Question 6

S.39

Answer 6

Warrant to search place of safety

• ENTER any building
• RGTB that the C/YP within is
• SUFFERING HARM (ill treatment, neglect

Question 7

S.42

Answer 7

Warrantless search

• BRG
• CRITICALLY NECESSARY to protect from injury or death
• ENTER & SEARCH
• REMOVE/DETAIN
• PLACE C/YP into CYPF’s custody

Question 8

S.42 Obligations?

Answer 8

• Notify the Commissioner within 3days/72hrs
• produce ID
• inform CYPF’s ASAP

Question 9

S.48

Answer 9

C/YP is:

• FOUND UNACCOMPANIED in a
• SITUATION where their
• PHYSICAL WELLBEING & MENTAL HEALTH IS LIKELY TO BE IMPAIRED
• TAKE/DELIVER that C/YP to their legal guardian, parent, caregiver OR
• if the C/YP doesn’t consent to PLACE the C/YP into CYPF’s custody