318Child in custody or detention

318 Child in custody or detention (1) This section applies to a child if: (a) a person: (i) had taken the child into custody under section 11 of the Welfare Act; or (ii) had detained the child in a hospital under section 15 of the Welfare Act; and (b) the child was so in custody or detained immediately before the commencement. (2) The person must notify the CEO about the custody or detention as soon as possible after the commencement. (3) On and after the commencement, the child is taken to have been taken into provisional protection under section 51 of this Act. (4) For subsection (3): (a) the provisional protection is taken to be for a period of 72 hours starting from the start of the custody or detention; and (b) anything done for the child for the custody or detention is taken to have been done for the provisional protection. Example If the child has been detained for 24 hours immediately before the commencement, the CEO must, subject to any other provisions of this Act, return the child to a parent of the child within 48 hours after the commencement. Care and Protection of Children Act 2007 161 (5) Compliance with subsection (2) is taken to be compliance with: (a) section 52(4) of this Act; and (b) section 11(5) of the Welfare Act.