s.33Care and supervision orders
33
Section 33Part 4 — CARE AND SUPERVISION

Care and supervision orders

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On the application of the Department, the court may make an order —
placing the child with respect to whom the application is made in the care of the Department; or
putting the child under the supervision of the Department or of a probation officer.
A court may only make a care order or supervision order if it is satisfied —
that the child concerned is suffering, or is likely to suffer, significant harm; and
that the harm, or likelihood of harm, is attributable to —
the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or
the child's being beyond parental control.
A care order or supervision order shall not be made with respect to a child who has reached the age of 17 (or 16, in the case of a child who is married).
An application under this section may be made on its own or in any other family proceedings.
The court may —
on an application for a care order, make a supervision order;
on an application for a supervision order, make a care order.
In this section —
"harm" means ill-treatment or the impairment of health or development;
"development" means physical, intellectual, emotional, social or behavioural development;
"health" means physical or mental health; and
"ill-treatment" includes sexual abuse and forms of ill-treatment which are not physical.
Where the question of whether harm suffered by a child is significant turns on the child's health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.
In this Law —
"a care order" means (subject to section 2(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 40; and
"a supervision order" means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 40.

Defined Terms

harmdevelopmenthealthill-treatmentcare ordersupervision order

Cross References