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Power to make care order or supervision order under Child Care Act 1991
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12. (1) Where in proceedings for an order under this Act, other than proceedings to which section 11 relates, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to a dependent person concerned in the proceedings, the court may, of its own motion or on the application of a person concerned, adjourn the proceedings and direct the Agency to undertake an investigation or, as the case may be, further investigations of that dependent person’s circumstances.
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(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions under the Act of 1991 as it sees fit as to the care and custody of, and may make a supervision order in respect of, the dependent person concerned pending the outcome of the investigation by the Agency.
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(3) Where the court gives a direction under subsection (1) in respect of a dependent person, the Agency shall undertake an investigation of the dependent person’s circumstances and shall consider if it should—
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(a) apply for a care order or a supervision order,
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(b) provide any service or assistance for that dependent person’s family, or
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(c) take any other action in respect of that dependent person.
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(4) Where the Agency undertakes an investigation under this section and decides not to apply for a care order or supervision order with respect to the dependent person concerned, it shall inform the court of—
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(a) its reasons for so deciding,
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(b) any service or assistance it has provided, or intends to provide, for that dependent person and his or her family, and
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(c) any other action which it has taken, or proposes to take, with respect to that dependent person.
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(5) In this section—
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“care order” means a care order under the Act of 1991;
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“supervision order” means a supervision order under the Act of 1991.
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