Welfare of Children Ordinance, 2008 - St Helena

28 Welfare of Children
LAWS OF
ST. HELENA
was to live under the residence order, or
(d) a relative, friend or other person connected with him.
(4) Unless it would not be reasonably practicable or consistent with his welfare, the
Department shall secure that—
(a) any accommodation provided by it for a child is near his home;
(b) where the Department are also providing accommodation for a brother or sister of
his, they are accommodated together;
(c) where the child is disabled, the accommodation is not unsuitable for his needs.
Secure accommodation
34. (1) Subject to the provisions of this section and section 89(4), a child who is
being looked after by the Department shall not be placed, and, if placed, shall not be kept, in
accommodation provided for the purpose of restricting liberty (―secure accommodation‖)
unless it appears—
(a) that—
(i) he has a history of absconding and is likely to abscond from any other
description of accommodation; and
(b)
(ii) if he absconds, he will suffer, or be likely to suffer, significant harm; or
that if he is kept in any other kind of accommodation he is likely to injure himself
or other persons.
(2) A child shall not be kept in secure accommodation after the end of such period as
may be prescribed, unless a juvenile court has by an order made on the application of the
Department authorised him to be kept there.
(3) Subject to subsection (5), on an application under subsection (2) the court—
(a)
(b)
shall make the order applied for if (and only if) it is satisfied that—
(i) the condition specified in subsection (1)(a) or (b); and
(ii) such further conditions as may be prescribed,
are fulfilled; and
shall in the order specify the maximum period (which shall not exceed such period
as may be prescribed) for which he may be kept in secure accommodation without
a further order under subsection (2).
(4) If the court adjourns the hearing of an application under subsection (2), it may
make an interim order permitting the child to be kept during the period of the adjournment in
secure accommodation.
(5) The court shall not make an order under subsection (2) unless—
(a)
(b)
it is satisfied that the Department has taken all such steps as are reasonable and
practicable to notify any person who has parental responsibility for the child of the
Department's intention to make the application; and
where the child is not legally represented in that court, he has been informed of his
right to apply for legal aid and given an opportunity to do so, and has refused or
failed to apply.
(6) This section—
(a) does not apply to a child remanded under section 89 to accommodation provided
by the Department;
(b) does not apply to any prescribed description of children; and
(c) has effect in relation to children of a prescribed description subject to such
modifications as may be prescribed.
(7) The making of an order under this section does not prejudice any power of any
court to make any other order or to give directions relating to the child to whom the order
This e-version of the text is not authoritative for use in court.