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PART 8
Proceedings in Court
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Referral of case to health board.
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77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—
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(a) adjourn the proceedings and direct the health board for the area in which the child is for the time being residing to convene a family welfare conference in respect of the child, and
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(b) pending the outcome of the conference, make an emergency care order or a supervision order under the Act of 1991 in respect of the child.
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(2) Where a family welfare conference has been held by a health board pursuant to a direction under subsection (1)(a)—
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(a) if the health board applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or
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(b) if it decides not to apply for any such order, it shall inform the Court of—
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(i) its reasons for so deciding,
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(ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and
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(iii) any other action which it has taken, or intends to take, with respect to the child.
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(3) The Court, on being informed by the health board of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.
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