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Children, Youth and Families Act 2005
349Referral to Secretary
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349 Referral to Secretary
S. 349(1)(a) amended by No. 68/2009 s. 64.
(b) the Court considers that there is prima facie evidence that grounds exist for the making of a protection application in respect of the child—
the Court may refer the matter of an application to the Secretary for investigation.
S. 349(2)(a) amended by No. 68/2009 s. 64.
(b) the Court considers that there is prima facie evidence that grounds exist for the making of an application for a therapeutic treatment order in respect of the child—
the Court may refer the matter of an application to the Secretary for investigation.
S. 349(3) inserted by No. 33/2018 s. 11.
(3) In deciding whether or not to refer a matter to the Secretary under subsection (2), the Court must consider—
(a) the seriousness of the child's sexually abusive behaviours; and
(b) any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and
(c) the particular characteristics and circumstances of the child; and
(d) any other matters the Court considers relevant.