CYP CARE AND PROTECTION

Question 1

What is the paramount principle

Answer 1

Well being and best interests of the CYP are first and paramount consideration

Question 2

Define child and young person

Answer 2

Child under 14

YP of 14 but under 18

Question 3

What section identifies young people in need of care and protection?

Answer 3

OT ACT Section 14 and 14A

Question 4

What are two categories that a CYP would need care and protection ?

Answer 4

1. Parent abuses/ ill neglects or unwilling or unable to look after
2. CYP won’t listen or obey or misbehaves seriously

Question 5

What is polices role in care and protection?

Answer 5

Must investigate child abuse allegations with OT

Question 6

Who is responsible for reporting cases to OT?

Answer 6

Police child protection team CPT

Question 7

Who decides who will interview child?

Answer 7

CPT and SAT

Police always interview offender

Question 8

What are the four sections of removing a CYP?

Answer 8

Section 39- place of safety warrant

Section 40 - warrant to remove CYP

Section 42 - search without warrant

Section 48 - CYP found unaccompanied

Question 9

What is section 42 search without warrant used for?

Answer 9

If it is CRITICALLY NECESSARY to protect a CYP from injury or death

May ENTER AND SEARCH

REMOVE AND DETAIN

PLACE IN CUSTODY OF OT

Question 10

What does critically necessary mean?

Answer 10

That you think that if you leave death of injury may occur and you don’t have enough time to get a warrant

Question 11

What are your statutory obligations under section 42(2)?

Answer 11

1. On first entering or requested show ID
2. State using section 42 of OTA
3. Notify commissioner within 3 days of use of this power

Question 12

When should you use Section 39

Answer 12

If you are aware of grounds but NOT critically necessary

• refer to Youth Aid section
  Once obtained gives same powers as section 42

Question 13

When should you advise OT If police remove CYP?

Answer 13

Immediately so they can arrange placement to be delivered directly, so less disruption

Question 14

What is section 48?

Answer 14

Found unaccompanied

Physical or mental health is being or likely to be impaired

TAKE

DELIVER with consent to parent or guardian

PLACE in OT if no consent or parents unwilling unable to take them

Question 15

Where are the powers available for section 48?

Answer 15

Anywhere incl home alone or party situations

Doesn’t have to be a public place

Question 16

What do you need to advise CYP if being detained under section 48?

Answer 16

Read rights caution because they are being detained

Question 17

What do you need to report to the commissioner if you use the powers?

Answer 17

The reason

The evidence

Solution reached

Question 18

What is section 10B?

Answer 18

Children left unaccompanied

Question 19

When should section 10B be applied?

Answer 19

Child under 14 left at home alone, left in cars, left waiting outside bars

Length of time
Conditions which child have been left