Section 37 — AKTA KANAK-KANAK 2001

(2)

If a person on whom a summons has been served under subsection (1) fails to produce the child at the time and place specified in the summons, the Protector may apply to a Magistrate for a search warrant under section 111 to be issued to search for the child and to produce him before the Protector.

(3)

Any child named or described in such warrant may be temporarily—

(a)

placed in a place of safety; or

(b)

placed in the custody of a relative or other fit and proper person on such terms and conditions as the Protector may require, until the Protector has completed his inquiry under this Chapter.

(4)

The Protector shall make such inquiry as he thinks fit as to—

(a)

the circumstances and the reasons for the taking of the child referred to in subsection (1); and

(b)

the suitability of the person who has taken the child into his care, custody or control.

(5)

If, after the inquiry mentioned in subsection (4), the Protector deems it expedient in the best interests of the child, he may—

(a)

order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or

(b)

permit the taking of the child on such terms and conditions as the Protector may require.

(6)

If the taking of a child by any person has been permitted under paragraph (5)(b) subject to any term or condition and default is made in complying with such term or condition, the

Protector, after taking into consideration that it is desirable to place a child in a family based care, may by warrant under his hand order that the child—

(a)

be taken out of the care, custody or control of such person; and

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(b)

be placed—

(i)

in the care of a relative or fit and proper person on such terms and conditions as the Protector may require;

(ii)

in a centre; or

(iii)

in a place of safety, until the child attains the age of eighteen years or for any shorter period.