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

Cap. 602 Art. 22Validity of protection orders for minors. 

Sub-title II

In KraftAmtlicher Text

(1) A protection order shall remain in force until the minor reaches the age of eighteen years or is revoked by the Court.

(2) The Court may revoke a protection order upon receiving a recommendation to do so, given by the Review Board in accordance with article 33(5) or as provided by other provisions of this Act.

(3) Before revoking an order in accordance with the foregoing sub-article, the Court shall consider, as applicable:

(a) the recommendation by the Review Board and the reasons given for it;

(b) the views of the minor if considered to have sufficient understanding;

(c) the views of the Children’s Advocate;

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

(e) the views of the key social worker;

(f) the views of the alternative carer;

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

(h) the views of any other person which the Court deems appropriate.

(4) When the Court determines that there are sufficient reasons to revoke a protection order, it shall refer the case to the Review Board in order to prepare a reintegration plan, and for such purpose the provisions of article 35 shall apply mutatis mutandis.

(5) When the Court determines that there are insufficient reasons to revoke a protection order, it shall order that the revisions by the Review Board shall continue and it shall give the reasons why.

(6) For the purposes of sub-articles (4) and (5), the Court shall consider:

(a) the age of the minor;

(b) the wishes of the minor and the consideration it should give to such wishes in accordance with the level of maturity of the minor;

(c) the length of time the minor has been under the care of his current alternative carers;

(d) the bond of the minor with his parents and his current alternative carers;

(e) the capability of the parent or parents depending on the circumstances of the case of the minor to provide for an adequate level care for the minor and if they can provide stability, predictability and permanency to the minor which is relational, physical and legal; and;

(f) the risk of psychological harm which the minor may suffer if his current care arrangements are changed or revoked.

Änderungsgeschichte
  • Amended by XXIII.2021.15