Sections Flashcards
What is the definition of a child?
Boy or girl under the age of 14 years
What is the definition of a young person?
A boy or girl all over the age of 14 years but under 17 years: but does not include any person who is or has been married, or in a civil union.
What is the Paramount principle for Section 6 of the Child, Young Person and Their Families Act 1989?
The welfare and interests of the child or young person shall be the first and paramount consideration.
Explain child’s or young person’s interests
The principles in Section 13(2)(b) must always being subordinate to the principal in Section 6.
That means that if there is a conflict in a court proceeding or a family group conference between the child’s or young person’s interests in protection and security and the interests of the family group, the child’s or young person’s welfare and interests shall be the deciding factor.
What is section 39?
When removing a child or young person’s using a Place of Safety Warrant
What is section 40?
When removing a child or young person using the Warrant to Remove Child or Young Person
What is Section 42?
When removing any child or young person using Search Without Warrant.
What is Section 48?
Child or Young Person found Unaccompanied.
Explain Section 42
Any constable who believes on reasonable grounds
It it CRITICALLY NECESSARY to protect a child or you he person from injury or death.
May without warrant ENTER and SEARCH (by force if necessary)
Any public place or premises. (Listed)
And
REMOVE or DETAIN (by force if necessary) the child or young person
And
PLACE the child or young person in the custody of the CYPFS
What are the Statutory obligations under Section 42(2)?
- Produce evidence of identity.
- State they are using Section 42 of the CYPF Act 1989
- Within three days inform the Commissioner of the use of this power by forwarding a Child/Young Person Arrest/Removal Notification in the Bulletin boards ‘Create Notification’ feature.
Explain the steps for Place of Safety Warrant Section 39
Any person authorised by warrant under this section to search for any child or young person may…
ENTER and SEARCH (by force if necessary..
Any public or private place… (Listed)
If they BELIEVE ON REASONABLE GROUNDS that the CYP
1. Has suffered, or
2. Is likely to suffer
ill-treatment, serious neglect, abuse, serious deprivation or serious harm…
REMOVE or DETAIN the child or young person (using force if necessary)
PLACE The child or young person in the custody of the CYFS
What is required of every officer whenever a child has been taken into custody under Section 39 or Section 42?
When the child is released without the matter coming before a court, a report must be given to the Commissioner for Children.
This report is usually completed by CYFS is soon is the child or young person is released and includes:
1. The reasons for taking the action
2. The evidence on which those reasons we are based.
3. The solution that was reach.
Explain The police power for Section 48
Where a child or young person is FOUND UNACCOMPANIED by a parent or guardian or other person who usually cares for them…
In a situation in which their PHYSICAL OR MENTAL HEALTH IS BEING, OR LIKELY TO BE, IMPAIRED
A constable may (using reasonable force) TAKE the child or young person… they have been officially detained so they must be given their rights
With their consent DELIVER them into the custody of parent or guardian or other person…**you must have their consent e.g. To parents or CYFS…
If you know consent is given okay givers are unwilling to take them PLACE The child or young person in the custody of the CYPFS
Explain Power available anywhere
Section 48 is not limited to being found in a public place, it could be applied in home alone cases.
It does not have to be a police officer who finds the child or young person unaccompanied. Situations may occur when a member of the public alerts police to such matters
Explain detained under an enactment
In these situations, the child or young person 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, though, ‘ Detained under an enactment’. Therefore, they must be given their Rights/ Caution.
