44Emergency removal of children

44 Emergency removal of children

(1)  In this section,

prescribed officer means an authorised officer or person approved by an approved registration body for the purposes of this section.

(2)  If a prescribed officer considers, on reasonable grounds, that a child being provided with a child care service –

(a) is not in a safe environment; or

(b) is not being properly and appropriately cared for and supervised; or

(c) is in or may be exposed to a situation where every reasonable precaution is not taken to protect the child from a hazard likely to cause injury –

and that the child is neglected or has suffered injury or death, or is at risk of being neglected or suffering injury or death, the prescribed officer may remove the child from the premises at which he or she is being provided with child care.

(3)  In the exercise of a power under subsection (2)  –

(a) a prescribed officer may enter the premises in which the child is being provided with child care, without warrant; and

(b) a prescribed officer may use reasonable force as necessary; and

(c) a prescribed officer may be assisted by such police officers and other persons as the prescribed officer considers appropriate; and

(d) a police officer or other person assisting the prescribed officer has the same powers as the prescribed officer.

(4)  If a child is removed from premises under subsection (2)  –

(a) the prescribed officer must ensure that the child's parent is notified of the situation and the child's whereabouts as soon as practicable; and

(b) the child is in the custody of the Secretary or the person-in-charge of the approved registration body, as the case requires, until the child's parent removes the child from that custody.

(5)  The Standards may make further provision in respect of the exercise of powers under this section.