Welfare of Children Ordinance, 2008 - St Helena

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34 Welfare of Children LAWS OF ST. HELENA but shall in any event cease to have effect on whichever of the following events first occurs— (a) the expiry of eight weeks beginning with the date on which the order is made; (b) if the order is the second or subsequent such order made with respect to the same child in the same proceedings, the expiry of the relevant period; (c) in a case within subsection (1)(a), the disposal of the application; (d) in a case within subsection (1)(b), the disposal of an application for a care order or supervision order made by the Department with respect to the child; (e) in a case which falls within subsection (1)(b) and in which— (i) the court has given a direction under section 36(1); but (ii) no application for a care order or supervision order has been made with respect to the child, the expiry of the period fixed by that direction. (5) In subsection (4)(b) “the relevant period” means— (a) the period of 4 weeks beginning with the date on which the order in question is made; or (b) the period of eight weeks beginning with the date on which the first order was made if that period ends later then the period mentioned in paragraph (a). (6) Where a court makes an order under or by virtue of this section it shall, in determining the period for which an interim order is to be in force, the court shall consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full. (7) Where the court makes an interim order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment. (8) A direction under subsection (6) may be to the effect that there is to be no such examination or assessment, or no such examination or assessment unless the court directs otherwise; and such a direction may— (a) (b) be given when the interim order is made or at any time while it is in force; and be varied at any time on the application of the Department, the child or any person with parental responsibility for him. Power to include exclusion requirement in interim care order 47. (1) Where the court makes an interim care order with respect to a child and the conditions specified in subsection (2) are satisfied, the court may include an exclusion requirement in the interim care order. (2) The conditions referred to in subsection (1) are that— (a) the court is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 42(2)(a) and (b)(i); (b) there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or be likely to suffer, significant harm; and (c) that another person living in the dwelling-house (whether a parent of the child or some other person)— (i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and (ii) consents to the inclusion of the exclusion requirement. (3) Schedule 5 has effect with respect to exclusion requirements under this section and This e-version of the text is not authoritative for use in court.
LAWS OF ST. HELENA Welfare of Children 35 undertakings to the like effect. Revocation and variation, etc. of care orders and supervision orders 48. (1) A care order may be revoked by the court on the application of— (a) any person who has parental responsibility for the child; (b) the child himself; or (c) the Department. (2) A supervision order may be varied or revoked by the court on the application of— (a) any person who has parental responsibility for the child; (b) the child himself; or (c) the supervisor. (3) On the application of a person who is not entitled to apply for the order to be revoked, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person. (4) Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be revoked, substitute a supervision order for the care order. (5) When a court is considering whether to substitute one order for another under subsection (4) any provisions of this Ordinance which would otherwise require section 42(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded. Duration of care orders 49. (1) Unless previously revoked, and subject to subsection (2), a care order (other than an interim order) continues in force until the child concerned reaches the age of 18. (2) A care order with respect to a child ceases to have effect— (a) if he is adopted; (b) on the making of any of the following orders with respect to him— (i) a residence order; (ii) an order under section 13. Orders, etc. pending appeal 50. (1) Where— (a) a court dismisses an application for a care order or a supervision order; and (b) at the time when the court dismisses the application, an interim care order is in force with respect to the child, the court may make an order pending appeal, that is, a supervision order or (if the application was for a care order) a care order with respect to the child to have effect for such period, not exceeding the appeal period, as may be specified in the order. (2) Where a court revokes a care order or a supervision order, it may direct that the order shall continue to have effect for such period, not exceeding the appeal period, as may be specified in the order. (3) An order or direction under subsection (1) or (2) may be made subject to such directions or further directions (if any) as the court may see fit to include in the order or direction. (4) On an appeal against any decision of a court on which an order or direction under subsection (1) or (2) is made, or on an application in connection with a proposed appeal against such a decision, the appellate court may extend the period for which the order or direction is to This e-version of the text is not authoritative for use in court.
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Welfare of Children Ordinance, 2008 - St Helena

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