Children Act, 2001
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Suitable person (care and supervision) order. |
129.—(1) A court may by order assign a child to the care of a person, including a relative of the child concerned (a “suitable person”), in accordance with the provisions of this section. | |
(2) The court shall not make an order under this section unless the parents or guardian of the child have consented in writing to its being made and a probation and welfare officer has informed the court that a suitable person is available. | ||
(3) An order under this section shall specify that the child shall ordinarily reside in the residence of the suitable person and shall also specify the period, not exceeding 2 years, for which the child shall so reside. | ||
(4) While the order is in force the suitable person shall have the like control over the child as if he or she were the child's parent or guardian and shall do what is reasonable in all the circumstances of the case to safeguard or promote the child's health, development and welfare. | ||
(5) The child shall be under the supervision of a probation and welfare officer while the order is in force. | ||
(6) The order may specify such of the conditions provided for in section 117 as it considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences. | ||
(7) The court shall cause certified copies of its order to be sent to— | ||
(a) where the order is not made by a judge of the court assigned to the district in which the suitable person resides, that judge, | ||
(b) the parents or guardian of the child, and | ||
(c) the probation and welfare officer who is supervising the child. | ||
(8) The probation and welfare officer who is supervising the child shall give a copy of the order to the suitable person and the child. | ||
(9) Where— | ||
(a) on application by a probation and welfare officer to the court which made the order, the court is satisfied that its continuance in force— | ||
(i) would not be in the interests of the suitable person or the child, or | ||
(ii) is no longer necessary because of the progress made by the child, | ||
(b) the parents or guardian of the child notify the court in writing that they are withdrawing their consent to the making of the order, or | ||
(c) the suitable person applies to the court to have the order revoked, | ||
the court may, having regard to the period for which the order was in force and any other relevant circumstances— | ||
(i) revoke the order, | ||
(ii) revoke it and substitute another community sanction, or | ||
(iii) revoke it and deal with the case in any other way in which it could have been dealt with before the order was made. |