269Procedure on breach of interim accommodation order

269 Procedure on breach of interim accommodation order S. 269(1) substituted by No. 52/2013 s. 36(1). (1) If a protective intervener has reasonable grounds for believing that an interim accommodation order or any condition of an interim accommodation order has not been, or is not being, complied with, he or she may serve— (a) unless paragraph (b) applies, a notice stating that an application for an order under subsection (7) will be made to the Court on a day and at a time specified in the notice; or (2) A notice under subsection (1) must be served on— a reasonable time before the commencement of the hearing under this section. S. 269(3) amended by No. 52/2013 s. 36(2)(a). (3) If a notice under subsection (1) is served in accordance with subsection (2) and the child does not appear before the Court, in the case of a notice under subsection (1)(a), if ordered to do so by the Court or, in the case of a notice under subsection (1)(b), at the time stated in the notice— S. 269(3)(a) amended by No. 52/2013 s. 36(2)(b). S. 269(3)(b) amended by No. 52/2013 s. 36(2)(c). (b) the Court may, if satisfied that the order or notice has come to the attention of the child's parent or other person with whom the child is living or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent or other person with whom the child is living, issue a search warrant for the purpose of having the child placed in emergency care. S. 269(4) amended by No. 52/2013 s. 36(3). (4) If a protective intervener— (a) is satisfied that there is good reason not to proceed as specified in subsection (1) or that service of a notice under subsection (1) cannot be carried out; and (b) is satisfied on reasonable grounds that there has been a failure to comply with the interim accommodation order or any condition attached to it— he or she may, without a warrant, place the child in emergency care or apply to a magistrate for the issue of a search warrant for the purpose of having the child placed in emergency care. S. 269(5) substituted by No. 52/2013 s. 36(4). (5) As soon as possible after a child is placed in emergency care under subsection (4) and in any event within 24 hours after that placement— (a) unless paragraph (b) applies, the application for an order under subsection (7) must be made to the Court or a bail justice; or (b) if the child is the subject of an interim accommodation order made under section 262(1)(c), the child must be brought before the Court or a bail justice. S. 269(6) substituted by No. 52/2013 s. 36(5). (6) Sections 241 and 242 apply, or if the child is the subject of an interim accommodation order made under section 262(1)(c) sections 247(2) and 247A apply, with any necessary modifications to— (7) On the child appearing or being brought before the Court or a bail justice under this section, the Court or bail justice— (a) may revoke the interim accommodation order and make another interim accommodation order; or (b) may refuse to revoke the interim accommodation order; or (c) may make another interim accommodation order if the interim accommodation order expired after the notice was served under subsection (1) or the protective intervener proceeded as specified in subsection (4), as the case requires. S. 269(8) inserted by No. 52/2013 s. 36(6). (8) If the child is not required to appear before the Court on the hearing of an application under this section, the Court may hear and determine the application in the absence of the child.