s.35Effect of care order
35
Section 35Part 4 — CARE AND SUPERVISION

Effect of care order

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Where a care order is made with respect to a child it shall be the duty of the Department to receive the child into its care and to keep him in its care while the order remains in force.
While a care order is in force with respect to a child, the Department shall have —
parental responsibility for the child; and
the power (subject to the following provisions of this section) to determine the extent to which a parent or guardian of the child may meet his parental responsibility for him.
The Department may not exercise the power in subsection (2)(b) unless it is satisfied that it is necessary to do so in order to safeguard or promote the child's welfare.
Nothing in subsection (2)(b) shall prevent a parent or guardian of the child who has care of him from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare.
While a care order is in force with respect to a child, the Department shall not —
cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or
have the right —
to consent or refuse to consent to the making of an application with respect to the child under the Adoption of Children Law (2003 Revision);
to agree or refuse to agree to the making of an adoption order with respect to the child; or
to appoint a guardian for the child.
While a care order is in force with respect to a child, no person may —
cause the child to be known by a new surname; or
remove him from the Islands,
without either the written consent of every person who has parental responsibility for the child or the leave of the court.
Subsection (6)(b) does not —
prevent the removal of such a child, for a period of less than one month, by the Department; or
apply to arrangements for such a child to live outside the Islands (which are governed by paragraph 14 of Schedule 1).

Cross References