270Application for new interim accommodation order

270 Application for new interim accommodation order (1) If an interim accommodation order is in force in respect of a child, the child or a parent of the child may apply to the Court for a new interim accommodation order if— (a) the applicant was not legally represented at the hearing of the application for the order; or (b) new facts or circumstances have arisen since the making of the order. (2) If the Court makes an interim accommodation order in respect of a child, a protective intervener (whether or not the order is still in force) may apply to the Court for a new interim accommodation order if— (a) new facts or circumstances have arisen since the making of the order; or (b) the protective intervener is satisfied on reasonable grounds that the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child. S. 270(3) substituted by No. 52/2013 s. 37(1). (3) On an application under subsection (2) by a protective intervener, he or she may serve— (a) unless paragraph (b) applies, a notice stating that an application for a new interim accommodation order will be made to the Court on a day and at a time specified in the notice; or (4) A notice under subsection (3) must be served on— a reasonable time before the commencement of the hearing under this section. S. 270(5) amended by No. 52/2013 s. 37(2)(a). (5) If a notice under subsection (3) is served in accordance with subsection (4) and the child does not appear before the Court, in the case of a notice under subsection (3)(a), if ordered to do so by the Court or, in the case of a notice under subsection (3)(b), at the time stated in the notice— S. 270(5)(a) amended by No. 52/2013 s. 37(2)(b). S. 270(5)(b) amended by No. 52/2013 s. 37(2)(c). (b) the Court may issue a search warrant for the purpose of having the child placed in emergency care, if the Court is 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. (6) If on an application under subsection (2) by a protective intervener in the circumstances set out in subsection (2)(b), the protective intervener is satisfied that there is good reason not to proceed as specified in subsection (3) or that service of a notice under subsection (3) cannot be carried out, he or she may— S. 270(6)(a) amended by No. 52/2013 s. 37(3). (a) without a warrant, place the child in emergency care; or (b) apply to a magistrate for the issue of a search warrant. S. 270(7) substituted by No. 52/2013 s. 37(4). (7) 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— S. 270(8) substituted by No. 52/2013 s. 37(5). (8) As soon as possible after a child is placed in emergency care under subsection (6) and in any event within 24 hours after that placement— (a) unless paragraph (b) applies, the application for a new interim accommodation order 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. (9) On the child appearing or being brought before the Court or a bail justice under this section, the Court or bail justice may make a new interim accommodation order. S. 270(9A) inserted by No. 52/2013 s. 37(6). (9A) 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. (10) Nothing in this section limits the power of the Court to make another interim accommodation order where the existing order was made by a bail justice or was made by the Court on an adjournment of a proceeding.