Part 1 Removal of persons

232   Persons under the parental responsibility of the Minister leaving or being removed from care

If a person under the parental responsibility of the Minister has, without lawful excuse, left, or been removed from, the care responsibility of the Minister and the Minister is of the opinion that the person should be returned to that care responsibility, the Minister may, by order in writing, direct that the person be returned to that care responsibility.

233   Power of search for and removal of children and young persons in need of care and protection

(1)  The Director-General or a police officer may apply to an authorised officer for a search warrant if the Director-General or police officer has reasonable grounds for believing:

(a)  that there is in any premises a child or young person at risk of serious harm, or

(b)  that a person on whom a notice has been served under section 173 (Medical examination of children in need of care and protection) has failed to comply with the requirement contained in the notice, or

(c)  that a person the subject of an order in force under section 232 may be found in any premises.

(2)  An authorised officer to whom such an application is made may issue a search warrant:

(a)  in the case of an application under subsection (1) (a), if satisfied on reasonable grounds:

(i)  that a child or young person is or may be at risk of serious harm, and

(ii)  that the making of an apprehended violence order would not be sufficient to protect the child or young person from that risk, or

(b)  in the case of an application under subsection (1) (b) or (c), if satisfied that there are reasonable grounds for doing so.

(3)  A search warrant authorises the person named in the warrant:

(a)  in the case of a warrant issued following an application under subsection (1) (a):

(i)  to enter such premises, if any, as may be specified in the warrant, and

(ii)  to search those premises for the presence of the child or young person, and

(iii)  to remove the child or young person from those premises or from any place, or

(b)  in the case of a warrant issued following an application under subsection (1) (b):

(i)  to enter the premises (if any) specified in the warrant, and

(ii)  to search the premises (if any) or elsewhere, or at large, for the presence of the child the subject of the notice under section 173 (1), and

(iii)  to remove the child, and

(iv)  to present the child to a medical practitioner under section 173 (3), or

(c)  in the case of a warrant issued following an application under subsection (1) (c):

(i)  to enter the premises (if any) specified in the warrant, and

(ii)  to search the premises (if any) or elsewhere, or at large, for the presence of the person the subject of the order in force under section 232, and

(iii)  to remove the person, and

(iv)  to return the person to, or to place the person in, the custody of the custodian specified in the order in force under section 232 in respect of the person.

(4)  An application for a warrant or warrant may specify one or more addresses or other descriptions of premises. However, it is not necessary to specify an address or other description of premises in an application for a warrant or in a warrant.

(5)  It is not necessary in any search warrant issued under this section to name any particular child or young person.

234   Reasons for removal and other information to be given to certain persons

(1)  A person who removes a child or young person from any premises or place under this Act must cause notice of:

(a)  the person’s name and the nature of his or her authority, and

(b)  the reasons for which the child or young person is being removed from the premises or place, and

(c)  the fact that the law authorises the person to remove the child or young person from the premises or place, and

(d)  what is likely to happen in relation to the care and protection of the child or young person as a consequence of his or her being removed from the premises or place,

      to be given to the person (if any) on the premises or at the place who appears to the person to have the care responsibility of the child or young person for the time being and, in the case of a child who is of or above the age of 10 years or a young person, to the child or young person.

(2)  Any such notice may be given verbally at the time the child or young person is removed from the premises or place.

(3)  However, if verbal notice is given, the person must cause written notice to be given as soon as practicable after the child or young person is removed.

(4)  In giving such notice to a child or young person, the person must do so in language and in a manner the child or young person can understand having regard to his or her development and the circumstances.

(5)  At the time the child or young person is removed from the premises or place, the person must, in the case of a child who is of or above the age of 10 years or a young person:

(a)  inform the child or young person that he or she may choose to contact any person, and

(b)  ensure that the child or young person is given a reasonable opportunity and appropriate assistance to contact any such person.