97Circumstances in which child may be taken into safe custody

### 97 Circumstances in which child may be taken into safe custody > > (1)  [*\[Section 97 Subsection (1) substituted by No. 64 of 2013, s. 38, Applied:01 Oct 2016\]*](/view/html/inforce/2016-10-01/act-2013-064#GS38@EN) A magistrate may issue a warrant for the purpose of having a child taken into safe custody if the magistrate is satisfied by evidence on oath or by the affidavit of the Secretary, an employee of the Department or a police officer that – > > > > > > (a) a child is absent without lawful authority or excuse from – > > > > > > > > > > (i) the place in which the child has been placed; or > > > > > > > > > > > (ii) the person in whose custody the child has been placed – > > > > > > > > by or under the authority of an assessment order, interim assessment order, care and protection order or interim care and protection order; and > > > > > > > (b) either – > > > > > > > > > > (i) reasonable steps have been taken to return the child to the place in which, or the person with whom, the child was so placed and those steps have been unsuccessful; or > > > > > > > > > > > (ii) there are reasonable grounds for concern for the safety of the child. > > > (2)  An application for a warrant may be made by an employee of the Department or a police officer. > > > (3)  When acting under a warrant, the employee of the Department or police officer – > > > > > > (a) may be accompanied by such police officers and employees of the Department as may be necessary or desirable; and > > > > > > > (b) may use such force as is reasonable. > > > (4)  A child taken into safe custody under a warrant issued under [subsection (1)](#GS97@Gs1@EN) must be brought before the Court as soon as practicable and, in any event, within one working day after the child was taken into safe custody. > > > (5)  A child taken into safe custody under this section must, until the child can be brought before the Court, be placed by the person who executed the warrant – > > > > > > (a) in the place specified in the warrant; or > > > > > > > (b) if no place is so specified, in a place determined by the Secretary.