Welfare of Children Ordinance, 2008 - St Helena
Welfare of Children Ordinance, 2008 - St Helena
Welfare of Children Ordinance, 2008 - St Helena
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
48 <strong>Welfare</strong> <strong>of</strong> <strong>Children</strong><br />
LAWS OF<br />
ST. HELENA<br />
(a) the refusal <strong>of</strong> an application for registration under section 62;<br />
(b) the conditions subject to which such an application is granted;<br />
(c) the suspension or cancellation <strong>of</strong> such registration, the variation <strong>of</strong> the conditions<br />
<strong>of</strong> registration or the imposition <strong>of</strong> an additional condition;<br />
(d) the refusal <strong>of</strong> consent under section 63(1) or (2).<br />
(2) No appeal may be brought by a person more than 28 days after notice <strong>of</strong> the<br />
decision is given to him.<br />
(3) On an appeal against a decision <strong>of</strong> the Department, the Supreme Court may—<br />
(a) affirm the decision;<br />
(b) direct that the decision shall not have effect;<br />
(c) vary any condition;<br />
(d) direct that any condition shall cease to have effect; or<br />
(e) direct that any conditions it thinks fit shall have effect in respect <strong>of</strong> the home.<br />
(4) The Department shall comply with any directions <strong>of</strong> the Supreme Court given<br />
under this section.<br />
PART X<br />
PRIVATE FOSTERING, CHILD-MINDING AND DAY CARE<br />
Privately fostered children<br />
Division 1<br />
Private Fostering<br />
68. (1) 12 For the purposes <strong>of</strong> this Part a child is “privately fostered” if (subject to the<br />
following provisions <strong>of</strong> this Part)—<br />
(a) he is either under the age <strong>of</strong> 16 or disabled; and<br />
(b) he is cared for and provided with accommodation by someone other than—<br />
(i) a parent <strong>of</strong> his; or<br />
(ii) an individual who is not a parent <strong>of</strong> his but who has parental responsibility<br />
for him; or<br />
(iii) a relative <strong>of</strong> his,<br />
and “to foster a child privately” means to look after the child in circumstances in which he is<br />
privately fostered.<br />
(2) A child is not privately fostered if the person caring for and accommodating him—<br />
(a) has done so for a period <strong>of</strong> less than 28 days; and<br />
(b) does not intend to do so for any longer period.<br />
(3) A child is not privately fostered while he is being looked after by the Department.<br />
(4) A child is not privately fostered while he is in the care <strong>of</strong> any person in premises in<br />
which—<br />
(a) a parent <strong>of</strong> his; or<br />
(b) a person who is not a parent <strong>of</strong> his but who has parental responsibility for him,<br />
is for the time being living.<br />
(5) A child is not privately fostered while he is in the care <strong>of</strong> any person in—<br />
(a) a children's home;<br />
(b) a residential care home or psychiatric home;<br />
(c) a hospital;<br />
(d) a school in which he is receiving full-time education,<br />
12 Section 68(1)(b) amended by Ord. 12 <strong>of</strong> 2011<br />
This e-version <strong>of</strong> the text is not authoritative for use in court.
Change language