s.19Provision of services for children in need, their families and others
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Section 19Part 3 — THE DEPARTMENT'S SUPPORT FOR CHILDREN AND FAMILIES

Provision of services for children in need, their families and others

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It shall be the duty of the Department (in addition to the other duties imposed on the Department by this Part) —
to safeguard and promote the welfare of children who are in need; and
so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children's needs.
For the purpose principally of facilitating the discharge of its general duty under this section, the Department shall have the specific duties and powers set out in Part I of Schedule 2.
Any service provided by the Department in the exercise of functions conferred on it by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child's welfare.
The Governor in Cabinet may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.
Before determining what, if any, services to provide for a particular child in need pursuant to the functions conferred on it by this section, the Department shall, so far as is practicable and consistent with the child's welfare —
ascertain the child's wishes and feelings regarding the provision of those services; and
give due consideration, having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain.
The Department —
shall facilitate the provision by others (including in particular voluntary organisations) of services which the Department has power to provide by virtue of this section or sections 20, 22, 25(1) and (2)(b),(c),(d) and (e) and 26; and
may make such arrangements as it sees fit for any person to act on its behalf in the provision of any such service.
The services provided by the Department in the exercise of functions conferred on it by this section may include giving assistance in kind or, in exceptional circumstances, in cash.
Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).
Before giving any assistance or imposing any conditions, the Department shall have regard to the means of the child concerned and of each of his parents.
No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of income support under the Poor Person's Relief Law (1997 Revision).
For the purposes of this Part a child shall be taken to be in need if —
he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by the Department under this Part;
his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
he is disabled, and "family", in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.
For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part — "development" means physical, intellectual, emotional, social or behavioural development; and "health" means physical or mental health.

Defined Terms

children in needfamilydevelopmenthealthdisabled

Cross References