Cap. 602 Art. 20Emergency order. 

(1) When the Director (Child Protection) has reasonable information which leads him to be convinced that the minor is suffering significant harm or when no legal guardian is present to care for the minor, the Director (Child Protection) may, with the assistance of the Executive Police, immediately proceed towards the removal of the minor from the place in which such significant harm is being occasioned, and this without any need of any form of authorisation.

(2) Without delay, and in any case not later than forty-eight (48) hours of having taken action according to sub-article (1), the Director (Child Protection) shall file an application with the duty Magistrate for the provisional validation or revocation of the removal of the minor as therein referred:

Provided that the duty Magistrate shall appoint a Children’s advocate upon receiving the application so that he may follow the proceedings thereof.

(3) The provisional decree given by the Magistrate according to this article shall be immediately notified to the Director (Child Protection), the Executive Police, the appointed Children’s Advocate, the Director Alternative Care (Children and Youths), the parent or parents of the minor depending on the circumstances of the case, and, if applicable, to the tutor and, or curator: Provided that when at the time of the removal of the minor there is only one parent known to or traced by the Director (Child

Protection), the proceedings shall be filed against that known parent and the duty Magistrate shall appoint curators in terms of article 930 of the Code of Organization and Civil Procedure to represent the other parent. The procedure by issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing as set by sub-article (6) of article 20:

Provided further that in instances where both parents are incapable of being traced, located or found or are incapable of being parties to the proceedings, the duty Magistrate shall appoint curators in terms of article 930 of the Code of Organization and Civil Procedure to represent both parents. The procedure of issue of banns as required by article 931 of the Code of Organization and Civil Procedure shall not hinder the hearing as set by sub-article (6) of article 20.

(4) The application referred to in sub-article (2) shall include a short but clear summary of the facts of the case and a request to the Court to confirm the decision of the Director (Child Protection).

(5) Following the provisional decree given in accordance with sub-article (2), the acts of the proceedings are to be immediately sent to the Court so that it may proceed with the case.

(6) The Court shall appoint the hearing of the application within ten working days from when it received the acts of the proceedings.

(7) The Court may order the Director (Child Protection) to make the required investigations so as to determine which action should be taken to safeguard the well-being of the minor.

(8) Immediately upon being informed by the Director (Child Protection) of the need to remove a minor from a location of risk in accordance with this article, the Director Alternative Care (Children and Youths) shall place the minor in alternative care for such period as other investigations in accordance with article 10 are pending.

(9) Any investigation according to this article shall be concluded within thirty working days from the date of the first hearing:

Provided that for a good reason and upon the filing of an application, such period may be extended by the Court for an additional period of ten working days.

(10) Upon concluding an investigation, the Director (Child Protection) shall file a report to the Court in which he explains which action he believes is necessary in relation to the minor and the reasons therefor.

(11) In addition to the report mentioned in sub-article (10), the Director (Child Protection) shall prepare and file a care plan which includes recommendations on which protection order he deems to be as being in the best interests of the minor.

(12) The Court shall, as soon as it receives the report and the care plan mentioned in sub-articles (10) and (11), set a date for the hearing of the Director (Child Protection), the parent or parents of the minor depending on the circumstances of the case, the Children’s Advocate, the tutor and, or curator if applicable, and any other person or persons which the Court deems appropriate, which date shall not be later than ten (10) working days from the filing of the report and the care plan:

Provided that the care plan shall be immediately notified to the parent or parents of the minor depending on the circumstances of the case or to the curators representing them, who shall have till the date of the hearing set by the Court to file their reply.

(12A) When the parent or parents of the minor, depending on the circumstances of the case, or their curator ad litem, believe that they may counter the allegations in their regard by bringing forward witnesses and providing submissions, they shall be allowed to summon such witnesses and submit any type of relevant proof or submission in a sitting held for such purpose:

Provided that all reasonable efforts shall be made for the Court to hear all the evidence in that sitting, however for good reason, the Court may continue to hear the evidence in subsequent sittings.

(13) After having considered the report, the care plan , all the evidence and when necessary the submissions of the parties, the Court shall authorize or reject the order or orders recommended by the Director (Child Protection) in the care plan, and also decide on the allocation of parental responsibilities to any person as it may deem appropriate:

Provided that if necessary, the Court may adjourn the case to another date within two (2) months from the date of that hearing to give such decision:

Provided further that when the Court decides on the order or orders recommended by the Director (Child Protection) in accordance with this article, a copy of the final decision shall be notified to the parties and the case shall be referred to the Review Board by not later than five (5) working days.