CYPF Act 1989 - Care & Protection Flashcards
What is the paramount principle that Section 6 deals with?
The welfare and interest of the child or young person shall be the first and paramount consideration.
What does Section 14 deal with?
It identifies CYP’s in need of care and protection
Refers to situations where:
The child or young person is likely to be sexually, emotionally or physically abused or neglected.
There are serious differences between the child or young person and guardian that affect wellbeing.
The guardians are unable or unwilling to control the child or young person.
A child aged 10-14 if offending to such an extent there is concern for their wellbeing.
There are two means of removing a CYP?
Place of safety Warrant – Section 39
Search without warrant – Section 42
What does Section 39 allow you to do?
Allows for any person authorised by warrant.
To ENTER and SEARCH (by force if necessary)
Any: dwelling house, building, aircraft, ship, carriage, vehicle, premises or place.
RGTB that the CYP HAS SUFFERED, OR LIKELY TO SUFFER ill treatment, serious neglect, abuse, serious deprivation or serious harm.
And REMOVE or DETAIN the CYP (Using reasonable force if necessary)
And PLACE the CYP in the custody of CYFS.
What does Section 42 allow you to do?
Police RGTB that
CRITICALLY NECESSARY to protect a CYP from injury or death.
May without warrant ENTER and SEARCH (by force if necessary)
Any: dwelling house, building, aircraft, ship, carriage, vehicle, premises or place.
And REMOVE or DETAIN the CYP (Using reasonable force if necessary)
And PLACE the CYP in the custody of CYFS.
Any member of the police using the Section 42 power must do what?
- Produce evidence of identification.
- State they are using Section 42 of the CYPF Act 1989.
- Within three days inform the Commissioner of the use of this power.
What does Section 48 deal with?
CYP found unaccompanied.
What can police do under Section 48?
CYP if FOUND BY POLICE UNACCOMPANIED by a parent, guardian or other person who usually cares for them.
PHYSICAL OR MENTAL HEALTH IS BEING, OR LIKELY TO BE IMPAIRED.
TAKE (using reasonably force)
With consent DELIVER to their parent, guardian or other person.
If no consent is given or caregivers are unwilling to take them,
PLACE the CYP into the custody of the CYPS.
In these situations, the CYP is not under arrest or being questioned so they do not have to be given their rights under the Children, Young Persons, and Their Families Act.
They are, however ‘detained under an enactment’ Therefore must be given their Rights / Cautions.
What does Section 10B of the Summary Offences Act 1981 deal with?
Children left unaccompanied
Parent/caregiver leaving a child (Under the age of 14 years) without reasonable provision for supervision or care.
For a length of time that is unreasonable.
Under conditions that are unreasonable having regard to all the circumstances.
