Section 50Part 5 — PROTECTION OF CHILDREN
Duty of the Department to investigate
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Where the Department —
has reasonable cause to suspect that a child who lives, or is found, in the Islands is suffering, or is likely to suffer, significant harm; or
has obtained an emergency protection order with respect to a child,
Where the Department has obtained an emergency protection order with respect to a child, it shall make, or cause to be made, such enquiries as it considers necessary to enable it to decide what action it should take to safeguard or promote the child's welfare.
The enquiries shall, in particular, be directed towards establishing —
whether the Department should make any application to the court, or exercise any of their other powers under this Law, with respect to the child; or
whether, in the case of a child —
with respect to whom an emergency protection order has been made; and
who is not in accommodation provided by or on behalf of the Department,
For the purposes of making a determination under this section as to the action to be taken with respect to a child, the Department shall, so far as is practicable and consistent with the child's welfare —
ascertain the child's wishes and feelings regarding the action to be taken with respect to him; and
give due consideration, having regard to his age and understanding, to such wishes and feelings of the child as it has been able to ascertain.
Where enquiries are being made under subsection (1) with respect to a child, the Department shall (with a view to enabling it to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable —
to obtain access to him; or
to ensure that access to him is obtained, on its behalf, by a person authorised by it for the purpose,
Where, as a result of any such enquiries, it appears to the Department that there are matters connected with the child's education which should be investigated, it shall consult the Education Department.
Where, in the course of enquiries made under this section any officer of the Department or any person authorised by the Department to act on its behalf in connection with those enquiries —
is refused access to the child concerned; or
is denied information as to his whereabouts,
Where on the conclusion of any enquiries or review made under this section, the Department decides not to apply for an emergency protection order, a child assessment order, a care order or a supervision order it shall —
consider whether it would be appropriate to review the case at a later date; and
if it decides that it would be, determine the date on which that review is to begin.
Where, as a result of complying with this section, the Department concludes that it should take action to safeguard or promote the child's welfare it shall take that action (so far as it is both within the Department's power and reasonably practicable for them to do so).
Where the Department is conducting enquiries under this section, it shall be the duty of every other department of government to assist the Department with those enquiries (in particular by providing relevant information and advice) if called upon by the Department to do so.
Subsection (9) does not oblige any department of government to assist the Department where doing so would be unreasonable in all the circumstances of the case.
Referenced By
- Section 46 — Orders for emergency protection of children
Duty of the Department to investigate