42Care and protection order

42 Care and protection order

(1)  In this section,

specified means specified in a care and protection order.

(2)  The Secretary may apply to the Court for a care and protection order.

(3)  [Section 42 Subsection (3) amended by No. 64 of 2013, s. 17, Applied:28 Feb 2018] On the application of the Secretary and subject to subsection (6) , the Court may make a care and protection order if –

(a) the Court is satisfied –

(i) that a child is at risk; and

(ii) that a care and protection order should be made to secure the care and protection of the child; or

(b) the Court is satisfied that –

(i) proper arrangements exist for the care and protection of a child (whether pursuant to the Secretary approving the arrangements recommended in a decision of a family group conference or otherwise); and

(ii) the child would be likely to suffer significant psychological harm if the arrangements were to be disturbed; and

(iii) it would be in the best interests of the child for the arrangements to be incorporated in a care and protection order.

(4)  A care and protection order may contain one or more of the following orders:

(a) [Section 42 Subsection (4) amended by No. 64 of 2013, s. 17, Applied:28 Feb 2018] a supervision order;

(b) [Section 42 Subsection (4) amended by No. 64 of 2013, s. 17, Applied:28 Feb 2018] an order granting custody of the child, for a specified period, to one of the following persons:

(i) a guardian of the child;

(ii) a member of the child's family;