Child Act 2001 · Updated to 1 Jul 2023 · Part VI · Children in Need of Protection and Rehabilitation
Section 39
Feedback & supportAny Protector or police officer who is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child to be removed immediately to a place of refuge and the child shall be temporarily placed in such place of refuge.
Protector
“Protector” means— (a) the Director General; (b) the Deputy Director General; (c) a Divisional Director of Social Welfare, Department of Social Welfare; (d); (e) any Social Welfare Officer appointed under section 8;
If the person ordered under subsection (1) fails to comply within twenty-four hours with the order made under that subsection, the Protector or police officer may remove the child and temporarily place the child in a place of refuge.
Every child who is temporarily placed under subsections (1)
and (1a) shall be brought before a Court For Children within twenty-four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court For
Court For Children
“Court For Children” means the Court For Children constituted under section 11;
Children.
If it is not possible to bring a child before a Court For
Court
“Court” means the Court For Children or any other Court, as the case may require;
Children within the time specified in subsection (2), the child shall be brought before a Magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court For Children.
If the Court For Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court
For Children may order for the child to be placed in a place of refuge until an order is made by the Court under section 40.
place of refuge
“place of refuge” means any place of refuge established or appointed under section 55;
If the Court For Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court
For Children shall order the child to be returned to the care and custody of his parent or guardian.
guardian
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
Inquiry by Protector