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Cap. 602 · Minor Protection (Alternative Care) Act (Cap. 602)

Cap. 602 Art. 19Protection orders for minors. 

Sub-title II

In KraftAmtlicher Text

(1) In those cases in which the Director (Child Protection)

acts for the issuing of a protection order for a minor, the Court may authorise any one or more of the following orders:

(a) (i) a welfare care order entrusting the care and custody of the minor to such person or entity that operates in social welfare which the Court deems appropriate when such minor has been deemed to have suffered or have been at risk of suffering significant harm or has been deemed to be in need of care and protection or has been deemed to be in need of permanency as provided for in this Act;

(ii) a correctional care order when the minor exhibits very challenging behaviour that is or has been harmful to self or others or is in need of protection and control which the minor is unlikely to receive otherwise:

Provided that when the minor’s need for protection and control necessitates that the minor’s freedom of movement is restricted, the Court shall review the circumstances and progress of the minor at least once a month, shall hear the professionals working with the minor and,or review their report, and may vary the conditions imposed as it deems appropriate.

(b) a supervision order placing the minor under the supervision of the entity identified by the Director (Child Protection) for a period specified by the order and according to those conditions which the Court deems appropriate to impose, including the granting of parental responsibility or aspects thereof to such person or persons as the Court deems appropriate;

(c) a treatment order by which the parent or parents of the minor or the person caring for the minor or the minor are ordered to:

(i) receive treatment for the abuse of substances or alcohol abuse; or

(ii) follow programmes to address domestic violence; or

(iii) follow parenting skills training; or

(iv) receive inter-relational therapy; or

(v) receive psychiatric or psychological care; or

(vi) receive any other treatment or assistance which the Court deems appropriate after having heard experts in the fields; or;

(d) a removal order against the author of significant harm to the minor from the place of residence of the minor and, without prejudice to any other provision of any other law, such order may also provide for the protection of the minor.

(2) Before giving its decision, the Court shall consider, in so far as possible:

(a) the views of the minor, when deemed to have sufficient understanding;

(b) the views of the parent or parents of the minor depending on the circumstances of the case;

(c) the views of the tutor and, or curator;

(d) the capability of the parents to safeguard the well-being and harmonious development of the minor;

(e) the nature and quality of the attachment between the minor and his family;

(f) the harm that was suffered, that is being suffered or which may be suffered by the minor;

(g) the length of time during which the family of the minor has been receiving support and treatment services;

(h) the degree of vulnerability of the minor;

(i) the cultural, linguistic and religious background of the minor; and

(j) the relationships of the minor with his siblings.

(3) For the purposes of sub-article (1)(a), the Court shall consider:

(a) whether there are deficiencies in the everyday care of the minor or deficiencies in terms of the personal contact and security needed by a minor of his age and development;

(b) whether the minor who is ill, has a disability or in need of special assistance is receiving the treatment or specialised care which he requires;

(c) whether the minor is at risk of being abandoned; and

(d) whether, generally, the minor is at risk of suffering significant harm.

(4) In all cases where provision is made for the assignment of any parental responsibilities to any person other than the parents of the minor, the Court shall give preference to the family of the minor, unless the Court holds that it is reasonably clear that it would be against the best interests of the minor.

Änderungsgeschichte
  • Amended by XI.2023.14