s.27Use of accommodation for restricting liberty
27
Section 27Part 3 — THE DEPARTMENT'S SUPPORT FOR CHILDREN AND FAMILIES

Use of accommodation for restricting liberty

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Subject to the following provisions of this section, a child who is being looked after by the Department may not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty ("secure accommodation") unless —
it appears that he has a history of absconding, is likely to abscond from any other description of accommodation, and, if he absconds, he is likely to suffer significant harm;
if he is kept in any other description of accommodation he is likely to injure himself or other persons;
he is charged with, or convicted of an offence of violence; or
he has been remanded or detained and committed to the care of the Department under sections 14 and 15 of the Youth Justice Law (2005 Revision).
The maximum period beyond which a child may not be kept in secure accommodation without the authority of the court is seventy two hours, whether consecutively or seventy two hours in aggregate in any period of twenty eight consecutive days.
An application to the court under this section shall be made only by the Department.
It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.
If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.
On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.
Where authority of the court to keep a child in secure accommodation has been given, any period during which the child has been kept in secure accommodation before the giving of that authority shall be disregarded for the purpose of any further placement in such accommodation after the period authorised by the court has expired.
Where —
a child was placed in secure accommodation at any time between 12 midday on the day before and 12 midday on the day after a public general holiday or a Sunday; and
during that period the maximum period specified in subsection (2) expires, the maximum period shall be treated as if it did not expire until 12 midday on the first day after the public general holiday or Sunday which is not such a day.
The maximum period for which a court may authorise a child to be kept in secure accommodation is three months or, if the child has been remanded as mentioned in subsection (1) (d), the period of that remand.
The Governor in Cabinet may by regulations provide that —
this section shall not apply to any description of children specified in the regulations;
this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified; and
such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation.

Defined Terms

secure accommodation

Cross References