Jersey Law 50/2002

 

CHILDREN (JERSEY) LAW 2002

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ARRANGEMENT OF ARTICLES

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PART 1

 

INTRODUCTORY

 

1.             Interpretation

 

2.             Welfare of the child

 

3.             Parental responsibility for children

 

4.             Person without parental responsibility

 

5.             Acquisition of parental responsibility by father

 

6.             Disputes as to paternity

 

7.             Appointment of guardians

 

8.             Guardians: revocation and disclaimer

 

9.             Welfare reports

 

PART 2

 

ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

 

10.           Power of court to make certain orders with respect to children

 

11.           Restrictions on making Article 10 orders

 

12.           General principles and supplementary provisions

 

13.           Residence orders and parental responsibility

 

14.           Change of child’s name or removal from jurisdiction

 

15.           Orders for financial relief with respect to children

 

16.           Family assistance orders

 

PART 3

 

COMMITTEE SUPPORT FOR CHILDREN AND FAMILIES

 

17.           Provision of accommodation for children: general

 

18.           Provision of accommodation for children needing protection

 

19.           General duty of Committee in relation to children it looks after

 

20.           Provision of accommodation and maintenance by Committee for children whom it is looking after

 

21.           Advice and assistance for certain children

 

22.           Use of secure accommodation

 

23.           Duties of other Committees not affected

 

PART 4

 

CARE AND SUPERVISION

 

24.           Care and supervision orders

 

25.           Time periods

 

26.           Effect of care order

 

27.           Contact with children in care

 

28.           Supervision orders

 

29.           Powers of court in certain family proceedings

 

30.           Interim care and supervision orders

 

31.           Power to include exclusion requirement in interim care order

 

32.           Undertakings relating to interim care orders

 

33.           Discharge and variation of care orders and supervision orders

 

34.           Orders pending appeals in care and supervision cases

 

PART 5

 

PROTECTION OF CHILDREN

 

35.           Causing harm to or neglecting children under 16

 

36.           Child assessment orders

 

37.           Emergency protection orders

 

38.           Power to include exclusion requirement in emergency protection order

 

39.           Undertakings relating to emergency protection orders

 

40.           Duration of emergency protection orders and other supplemental provisions

 

41.           Taking of children into police protection

 

42.           Committee’s duty to investigate

 

43.           Powers to assist in discovery of children who may be in need of emergency protection

 

44.           Abduction of children

 

45.           Recovery of abducted children

 

46.           Refuges for children at risk

 

47.           Rules of Court

 

PART 6

 

EMPLOYMENT OF CHILDREN

 

48.           Restrictions on employment of children

 

49.           Offences in connection with employment of children

 

50.           Restrictions on children taking part in performances

 

51.           Supplementary provisions as to licences

 

52.           Offences in connection with performances by children

 

53.           Power of entry

 

PART 7

 

VOLUNTARY HOMES

 

54.           Registration of voluntary homes

 

55.           Appeals

 

56.           Orders as to conduct of voluntary homes

 

57.           Functions of Committee in relation to welfare of children in voluntary homes

 

PART 8

 

PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

 

58.           Meaning of privately fostered child

 

59.           Notification in respect of privately fostered children

 

60.           Power of Committee to impose requirements and prohibitions

 

61.           Functions of Committee in relation to welfare of privately fostered children

 

62.           Disqualification for fostering a child privately

 

63.           Appeals

 

64.           Extension of this Part to certain children over 16

 

65.           Offences

 

PART 9

 

MISCELLANEOUS AND GENERAL

 

66.           Effect and duration of orders

 

67.           Rules of Court

 

68.           Appeals

 

69.           Attendance at court of person with parental responsibility for child who is the subject of proceedings under Part 4

 

70.           Attendance at court of child at hearing under Parts 2, 4 or 5

 

71.           Evidence given by, or with respect to, children

 

72.           Power of court to order scientific tests in cases of disputed parentage

 

73.           Privacy for children involved in certain proceedings

 

74.           Self-incrimination

 

75.           Representation and assistance for children

 

76.           Restriction on court’s inherent jurisdiction

 

77.           Effect of orders as between the Island and any other part of the British Islands

 

78.           Warrants

 

79.           Limitation of defence of reasonable corporal punishment

 

80.           Offences by bodies corporate

 

81.           Regulations and Orders

 

82.           Transitional provisions, savings, amendments and repeals

 

83.           Citation and commencement

 

 

SCHEDULE 1 - Financial provision for children

 

SCHEDULE 2 - Committee support for children and families

 

SCHEDULE 3 - Supervision orders

 

SCHEDULE 4 - Disqualification for caring for children

 

SCHEDULE 5 - Transitional provisions and savings

 

SCHEDULE 6 - Amendment of enactments

 


CHILDREN (JERSEY) LAW 2002

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A LAW     to reform and consolidate the law relating to children and for connected purposes; sanctioned by Order of Her Majesty in Council of the

 

20th day of NOVEMBER 2002

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(Registered on the 13th day of December 2002)

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STATES OF JERSEY

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The 26th day of February 2002

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                THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law -

 

PART 1

 

INTRODUCTORY

 

ARTICLE 1

 

Interpretation

 

                (1)     In this Law, except where the context otherwise requires -

 

“Article 10 order” means any of the orders mentioned in Article 10(1) and any order varying or discharging such an order;

 

“care order” means an order under Article 24(1)(a) and (except where express provision to the contrary is made) includes -

 

(a)     an interim care order made under Article 30; and

 

(b)     any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Law,

 

and any reference to a child who is in the care of the Committee is a reference to a child who is in its care by virtue of a care order;

 

“chief officer” and “police officer” have the same meaning as in the Police Force (Jersey) Law 1974;[1]

 

“child” means, subject to paragraph 13 of Schedule 1, a person who has not yet attained the age of majority;

 

“child assessment order” means an order under Article 36;

 

“child of the family”, in relation to the parties to a marriage, means -

 

(a)     a child of both of those parties;

 

(b)     any other child, not being a child who is placed with those parties as foster parents by the Committee or a voluntary organisation, who has been treated by both of those parties as a child of their family;

 

“children’s home” means any home or other institution under the administration of the Committee for the accommodation, care and maintenance of children;

 

“Committee” means the Health and Social Services Committee;

 

“Committee foster parent” means a person with whom a child is placed under Article 20(1)(a) who is not a person described in paragraph (2)(a) or (b) of that Article;

 

“contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;

 

“contribution notice” means a notice served on a contributor under paragraph 7 of Schedule 2;

 

“contribution order” means an order under paragraph 8 of Schedule 2;

 

“contributor” means a person liable to make contribution to a child’s maintenance under paragraph 6 of Schedule 2;

 

“court” means the Royal Court;

 

“emergency protection order” means an order under Article 37;

 

“excluded person” means the person in respect of whom an exclusion requirement is imposed;

 

“exclusion requirement” means one or more of the following -

 

(a)     a provision requiring the excluded person to leave a dwelling house in which he is living with the child in question;

 

(b)     a provision prohibiting the excluded person from entering a dwelling house in which that child lives; and

 

(c)     a provision excluding the excluded person from a defined area in which a dwelling house in which the child lives is situated;

 

“family assistance order” means an order under Article 16;

 

“family proceedings” means proceedings within the jurisdiction of the Family Division of the Royal Court and specified in Rule 3/1(2) of the Royal Court Rules 1992;[2]

 

“functions” includes powers and duties;

 

“guardian” means a guardian appointed under Article 7 but does not mean a tuteur;

 

“harm” has the meaning assigned by Article 24(6) and the question of whether harm is significant shall be construed in accordance with paragraph (7) of that Article;

 

“holiday” means Good Friday, Christmas Day and any day which is appointed as a public holiday or bank holiday under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 1951;[3]

 

“hospital” means any institution for the reception and treatment of persons suffering from any illness, injury or disability or requiring convalescence or medical rehabilitation and includes any maternity home;

 

“ill-treatment” has the meaning assigned by Article 24(6);

 

“inquiry officer” means the person inquiring into the case of a child pursuant to Article 41(2)(d);

 

“mental nursing home”, “nursing home” and “residential care home” have the same meaning as in Article 3(1) of the Nursing and Residential Homes (Jersey) Law 1994;[4]

 

“parent” includes the father of a child whether or not he was at any time married to the child’s mother and the biological father of a child where he has been granted parental responsibility under Article 5(2);

 

“parental responsibility” means all the rights, duties, powers, responsibilities and authority which the father of a legitimate child had in relation to the child and his property prior to the commencement of Part 1, save that rights in respect of custody shall not be exclusive;

 

“parental responsibility agreement” means an agreement under Article 5(1)(b);

 

“prescribed” means prescribed by Rules of Court made under this Law;

 

“privately fostered child” has the meaning assigned by Article 58;

 

“probation officer” means a délégué appointed under Article 7 of the “Loi (1937) sur l’atténuation des peines et sur la mise en liberté surveillée”;[5]

 

“programme service” has the same meaning as in section 201 of the Broadcasting Act 1990 (as extended to the Island by the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991[6]);

 

“prohibited steps order” means an order that no step which could have been taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;

 

“recovery order” means an order under Article 45(1);

 

“registered medical practitioner” has the same meaning as in Article 1(1) of the Medical Practitioners (Registration) (Jersey) Law 1960;[7]

 

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step-parent;

 

“residence order” means an order settling the arrangements to be made as to the person with whom a child is to live;

 

“responsible person”, in relation to a supervised child means -

 

(a)     any person who has parental responsibility for the child; and

 

(b)     any other person with whom the child is still living;

 

“school” has the same meaning as in the Education (Jersey) Law 1999;[8]

 

“service”, in relation to any provision made under Part 3, includes any facility;

 

“signed”, in relation to any person, includes the making by that person of his mark;

 

“specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child;

 

“supervision order” means an order under Article 24(1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under Article 30;

 

“supervised child” and “supervisor”, in relation to a supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;

 

“upbringing”, in relation to any child, includes the care of the child but not his maintenance;

 

“voluntary home” means any home or other institution providing care and accommodation for children which is carried on by a voluntary organisation but does not include -

 

(a)     a nursing home, mental nursing home or residential care home;

 

(b)     a school; or

 

(c)     a hospital;

 

“voluntary organisation” means a body the activities of which are carried on otherwise than for profit.

 

                (2)     References in this Law -

 

                (a)     to a child whose father and mother were married to each other at the time of his birth include; and

 

                (b)     to a child whose father and mother were not married to each other at the time of his birth do not include,

 

a legitimated child within the meaning of the Legitimacy (Jersey) Law 1973,[9] a child who was the subject of an adoption order under Article 2 of the Adoption (Jersey) Law 1961[10] or a child otherwise treated in law as legitimate.

 

                (3)     References in this Law to -

 

                (a)     a person with whom a child lives, or is to live, as the result of a residence order; or

 

                (b)     a person in whose favour a residence order is in force,

 

shall be construed as references to the person named in the order as the person with whom the child is to live.

 

                (4)     References in this Law to a child who is looked after by the Committee are references to a child -

 

                (a)     in the care of the Committee; or

 

                (b)     provided with accommodation by the Committee for a continuous period of more than 24 hours in the exercise of its functions under any enactment.

 

                (5)     In determining the “ordinary residence” of a child for the purposes of this Law, there shall be disregarded any period in which he lives in any place -

 

                (a)     which is a school or institution;

 

                (b)     in accordance with the requirements of a supervision order under this Law; or

 

                (c)     while he is being provided with accommodation by or on behalf of the Committee.

 

                (6)     Any notice or other document required under this Law to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

 

                (7)     Any notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

 

                (8)     For the purpose of this Article and of Article 12 of the Interpretation (Jersey) Law 1954[11] in its application to this Article, the proper address of a person -

 

                (a)     in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;

 

                (b)     in the case of a partner of a firm, shall be that of the principal office of the firm; and

 

                (c)     in any other case, shall be the last known address of the person to be served.

 

                (9)     A reference in this Law to a Part, Article or Schedule by number only and without further identification is a reference to the Part, Article or Schedule of that number in this Law.

 

                (10)   A reference in an Article, Schedule or other division of this Law to a Part, paragraph, sub-paragraph or clause by number or letter only, and without further identification, is a reference to the Part, paragraph, sub-paragraph or clause of that number or letter in the Article, Schedule or other division of this Law.

 

                (11)   Unless the context otherwise requires, a reference in this Law to an enactment is a reference to that enactment as amended from time to time, and includes a reference to that enactment as extended or applied under another enactment, including another provision of this Law.

 

ARTICLE 2

 

Welfare of the child

 

                (1)     When the court determines any question with respect to -

 

                (a)     the upbringing of a child; or

 

                (b)     the administration of a child’s property or the application of any income arising from it,

 

the child’s welfare shall be the court’s paramount consideration.

 

                (2)     In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

 

                (3)     In the circumstances mentioned in paragraph (4), the court shall have regard in particular to -

 

                (a)     the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

 

                (b)     his physical, emotional and educational needs;

 

                (c)     the likely effect on him of any change in his circumstances;

 

                (d)     his age, sex, background and any characteristics of his which the court considers relevant;

 

                (e)     any harm which he has suffered or is at risk of suffering;

 

                (f)      how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; and

 

                (g)     the range of powers available to the court under this Law in the proceedings in question.

 

                (4)     The circumstances are that -

 

                (a)     the court is considering whether to make, vary or discharge an Article 10 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or

 

                (b)     the court is considering whether to make, vary or discharge an order under Part 4.

 

                (5)     Where the court is considering whether or not to make one or more orders under this Law with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.

 

ARTICLE 3

 

Parental responsibility for children

 

                (1)     Where a child’s father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.

 

                (2)     Where a child’s father and mother were not married to each other at the time of his birth -

 

                (a)     the mother shall have parental responsibility for the child; and

 

                (b)     the father shall not have responsibility for the child, unless he acquires it in accordance with the provisions of this Law.

 

                (3)     The rules of law that -

 

                (a)     where a child is legitimate, his father has sole custody of him; and

 

                (b)     where a child is illegitimate and his mother marries, her husband (whether or not he is the father) has sole custody of him,

 

are abolished.

 

                (4)     More than one person may have parental responsibility of the same child at the same time.

 

                (5)     A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for that child.

 

                (6)     Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.

 

                (7)     The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Law.

 

                (8)     A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.

 

                (9)     The person with whom any such arrangement is made may himself be a person who already has responsibility for the child concerned.

 

                (10)   The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned.

 

ARTICLE 4

 

Person without parental responsibility

 

                (1)     The fact that a person has, or does not have, parental responsibility for a child shall not affect -

 

                (a)     any obligation which he may have in relation to the child (such as a duty to maintain the child); or

 

                (b)     any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property.

 

                (2)     A person who -

 

                (a)     does not have parental responsibility for a particular child; but

 

                (b)     has care of the child,

 

may (subject to the provisions of this Law) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.

 

ARTICLE 5

 

Acquisition of parental responsibility by father

 

                (1)     Where a child’s father and mother were not married to each other at the time of his birth -

 

                (a)     the court may, on the application of the father, order that he shall have parental responsibility for the child; or

 

                (b)     the father and mother may by agreement provide for the father to have parental responsibility for the child.

 

                (2)     Where a child is treated in law as legitimate the court may -

 

                (a)     on the application of a person claiming to be the child’s biological father; and

 

                (b)     where the court is satisfied he is the child’s biological father,

 

order that he shall have parental responsibility for the child notwithstanding that he is not in law the child’s father.

 

                (3)     No parental responsibility agreement shall have effect for the purposes of this Law unless -

 

                (a)     it is made in the prescribed form; and

 

                (b)     where Rules of Court are made prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner.

 

                (4)     Subject to Article 13(4), an order under paragraph (1)(a) or (2) or a parental responsibility agreement may only be brought to an end by an order of the court made on the application of -

 

                (a)     any person who has parental responsibility for the child; or

 

                (b)     the child himself.

 

ARTICLE 6

 

Disputes as to paternity

 

                If, during any proceedings under this Law, any dispute arises as to paternity, the court shall have power to determine it in the same manner as it would have determined a dispute as to paternity when hearing an action for pension alimentaire prior to the commencement of Article 82(3).

 

ARTICLE 7

 

Appointment of guardians

 

                (1)     Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if -

 

                (a)     the child has no parent with parental responsibility for him; or

 

                (b)     a residence order has been made with respect to the child in favour of a parent or guardian of his who has died while the order was in force.

 

                (2)     The power conferred by paragraph (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.

 

                (3)     A parent who has parental responsibility for his child may appoint another individual to be the child’s guardian in the event of his death.

 

                (4)     A guardian of a child may appoint another individual to take his place as the child’s guardian in the event of his death.

 

                (5)     An appointment under paragraph (3) or (4) shall not have effect unless it is made in writing, is dated and is signed -

 

                (a)     by the person making the appointment; or

 

                (b)     at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.

 

                (6)     A person appointed as a child’s guardian under this Article shall have parental responsibility for the child concerned.

 

                (7)     Where -

 

                (a)     on the death of any person making an appointment under paragraph (3) or (4), the child concerned has no parent with parental responsibility for him; or

 

                (b)     immediately before the death of any person making such an appointment, a residence order in his favour was in force with respect to the child,

 

the appointment shall take effect on the death of that person.

 

                (8)     Where, on the death of any person making an appointment under paragraph (3) or (4) -

 

                (a)     the child concerned has a parent with parental responsibility for him; and

 

                (b)     paragraph (7)(b) does not apply,

 

the appointment shall take effect when the child no longer has a parent who has parental responsibility for him.

 

                (9)     Paragraphs (1) and (7) do not apply if the residence order referred to in sub-paragraph (b) of those paragraphs was also made in favour of a surviving parent of the child.

 

                (10)   Nothing in this Article shall be taken to prevent an appointment under paragraph (3) or (4) being made by two or more persons acting jointly.

 

                (11)   A guardian of a child may only be appointed in accordance with the provisions of this Article.

 

                (12)   A tuteur appointed by the court shall be responsible only for the administration of the property of the child but shall not, solely by reason of his appointment as tuteur, have parental responsibility for the child.

 

                (13)   Nothing in this Article shall prevent the child’s parent or the person appointed as the child’s guardian being appointed his tuteur.

 

ARTICLE 8

 

Guardians: revocation and disclaimer

 

                (1)     An appointment under Article 7(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian.

 

                (2)     An appointment under Article 7(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed -

 

                (a)     by him; or

 

                (b)     at his direction, in his presence and in the presence of two witnesses who each attest the signature.

 

                (3)     An appointment under Article 7(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it -

 

                (a)     destroys the instrument by which it was made; or

 

                (b)     has some other person destroy that instrument in his presence.

 

                (4)     An appointment under Article 7(3) or (4) (including one made in a will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either -

 

                (a)     the court by order dissolves, or by decree annuls the marriage; or

 

                (b)     the marriage is dissolved and the divorce is entitled to recognition in the Island by virtue of the Recognition of Divorces and Legal Separations (Jersey) Law 1973,[12]

 

unless a contrary intention appears by the appointment.

 

                (5)     For the avoidance of doubt, an appointment under Article 7(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked.

 

                (6)     A person who is appointed as a guardian under Article 7(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect.

 

                (7)     Where Rules of Court are made prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.

 

                (8)     Any appointment of a guardian under Article 7 may be brought to an end at any time by order of the court -

 

                (a)     on the application of any person who has parental responsibility for the child;

 

                (b)     on the application of the child concerned; or

 

                (c)     in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.

 

ARTICLE 9

 

Welfare reports

 

                (1)     In considering any question with respect to a child under this Law the court may require -

 

                (a)     a probation officer who is not the child’s guardian ad litem; or

 

                (b)     the Committee to arrange for -

 

                          (i)      an officer of the Committee, or

 

                          (ii)     such other person (other than a probation officer) as the Committee considers appropriate,

 

to report to the court, in writing or orally as the court may direct, on such matters relating to the welfare of that child as are required to be dealt with in the report.

 

                (2)     Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of -

 

                (a)     any statement contained in the report; and

 

                (b)     any evidence given in respect of the matters referred to in the report,

 

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.

 

PART 2

 

ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

 

ARTICLE 10

 

Power of court to make certain orders with respect to children

 

                (1)     Subject to Article 11 and the following provisions of this Article, in any family proceedings in which a question arises with respect to the welfare of any child, the court may make the following orders with respect to a child -

 

                (a)     a contact order;

 

                (b)     a prohibited steps order;

 

                (c)     a residence order; or

 

                (d)     a specific issue order.

 

                (2)     The court may make an Article 10 order -

 

                (a)     on the application of any person who -

 

                          (i)      is entitled to apply for an Article 10 order with respect to the child, or

 

                          (ii)     has obtained the leave of the court to make the application; or

 

                (b)     if it considers that the order should be made even though no such application has been made.

 

                (3)     The following persons are entitled to apply to the court for any Article 10 order with respect to a child -

 

                (a)     any parent or guardian of the child;

 

                (b)     any person in whose favour a residence order is in force with respect to the child; and

 

                (c)     any person falling within such category of persons as may be prescribed in relation to such type of Article 10 order as may be there prescribed.

 

                (4)     The following persons are entitled to apply for a residence or contact order with respect to a child -

 

                (a)     any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;

 

                (b)     any person with whom the child has lived for a period of not less than 12 out of the 15 months immediately preceding the application;

 

                (c)     any person who -

 

                          (i)      in any case where a residence order is in force with respect to the child, has the consent of each of the persons in whose favour the order was made,

 

                          (ii)     in any case where the child is in the care of the Committee, has the Committee’s consent, or

 

                          (iii)    in any other case, has the consent of each of those (if any) who have parental responsibility for the child.

 

                (5)     A person who would not otherwise be entitled (under the previous provisions of this Article) to apply for the variation or discharge of an Article 10 order shall be entitled to do so if -

 

                (a)     the order was made on his application; or

 

                (b)     in the case of a contact order, he is named in the order.

 

                (6)     Where the person applying for leave to make an application for an Article 10 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to -

 

                (a)     the nature of the proposed application for the Article 10 order;

 

                (b)     the applicant’s connection with the child;

 

                (c)     any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and

 

                (d)     where the child is being looked after by the Committee -

 

                          (i)      the Committee’s plans for the child’s future, and

 

                          (ii)     the wishes and feelings of the child’s parents.

 

ARTICLE 11

 

Restrictions on making Article 10 orders

 

                (1)     The court shall not make any Article 10 order, other than a residence order, with respect to a child who is in the care of the Committee.

 

                (2)     The Committee shall not make any application for a residence order or contact order and the court shall not make such an order in favour of the Committee.

 

                (3)     A person who is, or was at any time within the last six months, a Committee foster parent of a child may not apply for leave to apply for an Article 10 order with respect to the child unless -

 

                (a)     he has the consent of the Committee;

 

                (b)     he is a relative of the child; or

 

                (c)     the child has lived with him for at least three years preceding the application.

 

                (4)     The period of three years mentioned in paragraph (3)(c) need not be continuous but must have begun not more than five years before the making of the application.

 

                (5)     The court shall not exercise its powers to make a specific issue order or prohibited steps order -

 

                (a)     with a view to achieving a result which could be achieved by making a residence or contact order; or

 

                (b)     in any way which is denied to the court (by Article 76) in the exercise of its inherent jurisdiction with respect to children.

 

                (6)     The court shall not make any Article 10 order -

 

                (a)     which is to have effect for a period which will end after the child has reached the age of 16; or

 

                (b)     other than one varying or discharging such an order, with respect to a child who has reached the age of 16,

 

unless it is satisfied that the circumstances of the case are exceptional.

 

ARTICLE 12

 

General principles and supplementary provisions

 

                (1)     In proceedings in which any question of making an Article 10 order, or any other question with respect to such an order, arises, the court may (in the light of any Rules of Court made by virtue of paragraph (2)) -

 

                (a)     draw up a timetable with a view to determining the question without delay; and

 

                (b)     give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.

 

                (2)     Rules of Court may -

 

                (a)     specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and

 

                (b)     make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.

 

                (3)     Where the court has power to make an Article 10 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.

 

                (4)     Where a residence order is made in favour of two or more persons who do not themselves live together, the order may specify the periods during which the child is to live in the different households concerned.

 

                (5)     Where -

 

                (a)     a residence order has been made with respect to a child; and

 

                (b)     as a result of the order the child lives, or is to live, with one of two parents who each have responsibility for him,

 

the residence order shall cease to have effect if the parents live together for a continuous period of more than six months.

 

                (6)     A contact order which requires the parent with whom a child lives to allow the child to visit or otherwise have contact with his other parent shall cease to have effect if the parents live together for a continuous period of more than six months.

 

                (7)     An Article 10 order may -

 

                (a)     contain directions about how it is to be carried into effect;

 

                (b)     impose conditions which must be complied with by any person -

 

                          (i)      in whose favour the order is made,

 

                          (ii)     who is a parent of the child concerned,

 

                          (iii)    who is not a parent of his but who has parental responsibility for him, or

 

                          (iv)    with whom the child is living,

 

                          and to whom the conditions are expressed to apply;

 

                (c)     be made to have effect for a specified period, or contain provisions which are to have effect for a specified period; and

 

                (d)     make such incidental, supplemental or consequential provision as the court thinks fit.

 

ARTICLE 13

 

Residence orders and parental responsibility

 

                (1)     Where the court makes a residence order in favour of the father of a child it shall, if the father would not otherwise have parental responsibility for the child, also make an order under Article 5 giving him that responsibility.

 

                (2)     Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned, that person shall have parental responsibility for the child while the residence order remains in force.

 

                (3)     Where a person has parental responsibility for a child as a result of paragraph (2), he shall not have the right -

 

                (a)     to consent, or refuse to consent, to the making of an application with respect to the child under Article 4 of the Adoption (Jersey) Law 1961;[13] or

 

                (b)     to agree, or refuse to agree, to the making of an adoption order, or an order under Article 32 of the Adoption (Jersey) Law 1961[14] with respect to the child.

 

                (4)     Where paragraph (1) requires the court to make an order under Article 5 in respect of the father of a child, the court shall not bring that order to an end at any time while the residence order concerned remains in force.

 

ARTICLE 14

 

Change of child’s name or removal from jurisdiction

 

                (1)     Where a residence order is in force with respect to a child, no person may -

 

                (a)     cause the child to be known by a new surname; or

 

                (b)     remove him from the Island,

 

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

 

                (2)     Paragraph (1)(b) does not prevent the removal of a child, for a period of less than one month, by the person in whose favour the residence order is made.

 

                (3)     In making a residence order with respect to a child the court may grant the leave required by paragraph (1)(b), either generally or for specified purposes.

 

ARTICLE 15

 

Orders for financial relief with respect to children

 

                The court may make orders for financial relief with respect to any child in accordance with Schedule 1.

 

ARTICLE 16

 

Family assistance orders

 

                (1)     Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make a family assistance order requiring -

 

                (a)     a probation officer to be made available; or

 

                (b)     the Committee to make one of its officers available,

 

to advise, assist and (where appropriate) befriend any person named in the order.

 

                (2)     The persons who may be named in a family assistance order are -

 

                (a)     any parent of the child;

 

                (b)     any person with whom the child is living or in whose favour a contact order is in force with respect to the child; or

 

                (c)     the child himself.

 

                (3)     The court may not make a family assistance order unless -

 

                (a)     it is satisfied that the circumstances of the case are exceptional; and

 

                (b)     it has obtained the consent of every person to be named in the order other than the child.

 

                (4)     A family assistance order may direct -

 

                (a)     the person named in the order; or

 

                (b)     such of the persons named in the order as may be specified in the order,

 

to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.

 

                (5)     Unless it specifies a shorter period, a family assistance order shall have effect for a period of six months beginning with the day on which it is made.

 

                (6)     Where a family assistance order and an Article 10 order are both in force with respect to a child the officer concerned may refer to the court the question whether the Article 10 order should be varied or discharged.

 

                (7)     Where a family assistance order requires a probation officer to be made available, the officer shall be selected in accordance with arrangements made by the Probation Committee, and if the selected officer is unable to carry out his duties or dies, another probation officer shall be selected in the same manner.

 

PART 3

 

COMMITTEE SUPPORT FOR CHILDREN AND FAMILIES

 

ARTICLE 17

 

Provision of accommodation for children: general

 

                (1)     The Committee shall provide accommodation for any child in need who appears to it to require accommodation as a result of -

 

                (a)     there being no person who has parental responsibility for him;

 

                (b)     his being lost or having been abandoned; or

 

                (c)     the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.

 

                (2)     Where the Committee provides accommodation under paragraph (1) for a child who is ordinarily resident outside the Island, the Committee may arrange with the appropriate authority in the place where the child ordinarily resides for that authority to take over the provision of accommodation for the child.

 

                (3)     The Committee shall provide accommodation for any child in need who has reached the age of 16 and whose welfare the Committee considers is likely to be seriously prejudiced if it does not provide him with accommodation.

 

                (4)     The Committee may provide accommodation for any child in need regardless of the fact that a person who has parental responsibility for him is able to provide him with accommodation, if it considers that to do so would safeguard or promote the child’s welfare.

 

                (5)     The Committee may provide accommodation for any person who has reached the age of 16 but is under 21 in any children’s home which takes children who have reached the age of 16 if it considers that to do so would safeguard or promote his welfare.

 

                (6)     Before providing accommodation under this Article, the Committee shall, so far as is reasonably practicable and consistent with the child’s welfare -

 

                (a)     ascertain the child’s wishes regarding the provision of accommodation; and

 

                (b)     give due consideration (having regard to his age and understanding) to such wishes of the child as it has been able to ascertain.

 

                (7)     Notwithstanding the provisions of this Article, the Committee may not provide accommodation for a child under this Article if it receives an objection from any person who has parental responsibility for him and is willing and able to provide or arrange for the provision of accommodation for him.

 

                (8)     Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the Committee under this Article.

 

                (9)     Paragraphs (7) and (8) do not apply while any person -

 

                (a)     in whose favour a residence order is in force with respect to the child; or

 

                (b)     who has care of the child by virtue of an order made in the exercise of the court’s inherent jurisdiction with respect to children,

 

agrees to the child being looked after in accommodation provided by or on behalf of the Committee.

 

                (10)   Where there is more than one such person as is mentioned in paragraph (9), all of them must agree.

 

                (11)   Paragraphs (7) and (8) do not apply where a child who has reached the age of 16 agrees to being provided with accommodation under this Article.

 

ARTICLE 18

 

Provision of accommodation for children needing protection

 

                (1)     The Committee shall make provision for the reception and accommodation of children -

 

                (a)     who are removed or kept away from home under Part 5; or

 

                (b)     who have been taken into police protection and in relation to whom a request for accommodation has been made under Article 41(2)(e).

 

                (2)     Where a child has been removed under Part 5 and he is not provided with accommodation by the Committee or in a hospital, any reasonable expenses of accommodating him shall be recoverable from the Committee.

 

ARTICLE 19

 

General duty of Committee in relation to children it looks after

 

                (1)     Where the Committee is looking after any child it shall -

 

                (a)     safeguard and promote his welfare; and

 

                (b)     make such use of services available for children cared for by their own parents as appears to it to be reasonable in the case of that child.

 

                (2)     Before making any decision with respect to a child it is looking after or proposes to look after, the Committee shall, so far as is reasonably practicable, ascertain the wishes and feelings of -

 

                (a)     the child;

 

                (b)     his parents;

 

                (c)     any person who is not a parent of his but who has parental responsibility for him; and

 

                (d)     any other person whose feelings and wishes the Committee considers to be relevant,

 

regarding the matter to be decided.

 

                (3)     In making any such decision the Committee shall give due consideration -

 

                (a)     to such wishes and feelings as it has been able to ascertain of -

 

                          (i)      the child, having regard to his age and understanding, and

 

                          (ii)     any other person mentioned in paragraph (2); and

 

                (b)     to the child’s religious persuasion, racial origin and cultural and linguistic background.

 

                (4)     The Committee may exercise its powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties if it considers it necessary to do so to protect members of the public from serious injury.

 

ARTICLE 20

 

Provision of accommodation and maintenance by Committee for children whom it is looking after

 

                (1)     The Committee shall provide accommodation and maintenance for any child it is looking after -

 

                (a)     subject to paragraph (2) and any Regulations made by the States, by placing him with a family, a relation of his or any other suitable person on such terms as to payment by the Committee and otherwise as the Committee may determine;

 

                (b)     by maintaining him in a children’s home or voluntary home; or

 

                (c)     by making such other arrangements as seem appropriate to it and which comply with any Regulations made under this Law.

 

                (2)     Save as the States may, by Regulations, otherwise provide, the Committee shall make arrangements with respect to a child it is looking after to enable him to live with -

 

                (a)     his parent or a person with parental responsibility for him;

 

                (b)     where he is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made; or

 

                (c)     a relative, friend or other person connected with him,

 

unless that would not be reasonably practicable or consistent with his welfare.

 

                (3)     Schedule 2 shall have effect for the purposes of -

 

                (a)     making further provision as to children looked after by the Committee and in particular as to the Regulations that may be made under paragraph (1)(a) and (c); and

 

                (b)     making provision in connection with contribution towards the maintenance of children who are being looked after by the Committee.

 

                (4)     Where the Committee receives a child into its care under this Article who is ordinarily resident outside the Island, the Committee may arrange with the appropriate authority in the place where the child ordinarily resides for that authority to take over the care of the child and, in such case, the Committee may make such arrangements with that authority regarding expenses incurred by the Committee under this Law in respect of the child as it may think fit.

 

ARTICLE 21

 

Advice and assistance for certain children

 

                (1)     Where a person to whom this paragraph applies -

 

                (a)     appears to the Committee to need advice and to be befriended; or

 

                (b)     was not being looked after by the Committee but the Committee is satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him,

 

and has asked the Committee for help of a kind which it can give under this Article, it shall (if he was being looked after by the Committee) and may (in any other case) advise and befriend him.

 

                (2)     Paragraph (1) applies to a person under the age of 21 who was, at any time between the ages of 16 and 18 -

 

                (a)     looked after by the Committee;

 

                (b)     accommodated by or on behalf of a voluntary organisation;

 

                (c)     accommodated in a hospital, nursing home or in any residential care home, nursing home or mental nursing home for a consecutive period of at least three months (whether or not this period began before he reached the age of 16); or

 

                (d)     a privately fostered child.

 

                (3)     Where this Article requires or authorizes the Committee to advise and befriend a person, it may also give him assistance which may be in kind or, in exceptional circumstances, in cash.

 

                (4)     The Committee may give assistance to any person described in paragraph (2)(a) by -

 

                (a)     contributing to expenses incurred by him in living near the place where he is or will be -

 

                          (i)      employed or seeking employment, or

 

                          (ii)     receiving education or training; or

 

                (b)     making a grant to enable him to meet expenses connected with his education or training.

 

                (5)     Where the Committee is giving assistance to a person under paragraph (4) by making a contribution or grant with respect to a course of education or training, it may -

 

                (a)     continue to do so even though he reaches the age of 21 before completing the course; and

 

                (b)     disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.

 

                (6)     Where a child who is accommodated -

 

                (a)     by a voluntary organisation or in a children’s home; or

 

                (b)     in any residential care home, nursing home or mental nursing home, for a consecutive period of at least three months,

 

ceases to be so accommodated after reaching the age of 16, the organisation, or person carrying on the home, which was accommodating him shall inform the Committee.

 

ARTICLE 22

 

Use of secure accommodation

 

                (1)     Subject to the following provisions of this Article, a child who is being looked after by the Committee may not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty (“secure accommodation”) unless it appears -

 

                (a)     that -

 

                          (i)      he has a history of absconding and is likely to abscond from any other description of accommodation, and

 

                          (ii)     if he absconds, he is likely to suffer significant harm; or

 

                (b)     that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

 

                (2)     The Committee may by Order -

 

                (a)     specify a maximum period -

 

                          (i)      beyond which a child may not be kept in secure accommodation without the authority of the court, and

 

                          (ii)     for which the court may authorize a child to be kept in secure accommodation;

 

                (b)     empower the court from time to time to authorize a child to be kept in secure accommodation for such further period as the Order may specify; and

 

                (c)     provide that applications to the court under this Article shall be made only by the Committee.

 

                (3)     The court hearing an application under this Article shall decide whether the necessary criteria for keeping a child in secure accommodation are satisfied and if so it shall make an order -

 

                (a)     authorizing the child to be so kept; and

 

                (b)     specifying the maximum period for which he may be so kept.

 

                (4)     On any adjournment of the hearing of an application under this Article the court may make an interim order permitting the child to be kept in secure accommodation during the period of the adjournment.

 

                (5)     The court shall not excise the powers conferred by this Article in respect of a child who is not legally represented unless, having been informed of his right to apply for legal aid and having had the opportunity to do so, he refused or failed to apply.

 

                (6)     The Committee may by Order provide that -

 

                (a)     this Article shall or shall not apply to any description of children specified in the Order;

 

                (b)     this Article shall have effect in relation to children of a description specified in the Order subject to such modifications as may be so specified;

 

                (c)     such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the Order may be placed or kept in secure accommodation.

 

                (7)     The giving of an authorization under this Article shall not prejudice any power of the court to give directions relating to the child to whom the authorization relates.

 

                (8)     This Article is subject to Article 17(8).

 

ARTICLE 23

 

Duties of other Committees not affected

 

                Nothing in this Part shall affect any duty imposed on any other Committee of the States by or under any other enactment.

 

PART 4

 

CARE AND SUPERVISION

 

ARTICLE 24

 

Care and supervision orders

 

                (1)     The court may, on the application of the Committee, make -

 

                (a)     a care order placing the child with respect to whom the application is made in the care of the Committee; or

 

                (b)     a supervision order putting him under the supervision of the Committee or of a probation officer.

 

                (2)     The court may only make a care order or supervision order if it is satisfied -

 

                (a)     that the child concerned is suffering, or is likely to suffer, significant harm; and

 

                (b)     that the harm, or likelihood of harm, is attributable to -

 

                          (i)      the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give him, or

 

                          (ii)     the child’s being beyond parental control.

 

                (3)     The court may not make a care order in respect of a child who has reached the age of 17 or, if he is married, 16.

 

                (4)     An application under this Article may be made on its own or in any other family proceedings.

 

                (5)     The court may -

 

                (a)     on an application for a care order, make a supervision order; and

 

                (b)     on an application for a supervision order, make a care order.

 

                (6)     In this Article -

 

                          “harm” means ill-treatment or the impairment of health or development;

 

                          “development” means physical, intellectual, emotional, social or behavioural development;

 

                          “health” means physical or mental health; and

 

                          “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.

 

                (7)     Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could be expected of a similar child.

 

ARTICLE 25

 

Time periods

 

                (1)     When hearing an application for an order under this Part the court may, in the light of any Rules made by virtue of paragraph (2) -

 

                (a)     draw up a timetable with a view to disposing of the application without delay; and

 

                (b)     give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.

 

                (2)     Rules of Court may -

 

                (a)     specify periods within which specified steps must be taken in relation to such proceedings; and

 

                (b)     make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay.

 

ARTICLE 26

 

Effect of care order

 

                (1)     Where a care order is in force with respect to a child the Committee shall -

 

                (a)     receive him into and keep him in its care;

 

                (b)     have parental responsibility for him; and

 

                (c)     subject to -

 

                          (i)      any right, power, responsibility or authority which a parent or guardian of the child has in relation to the child and his property by virtue of any other enactment, and

 

                          (ii)     the following provisions of this Article,

 

have the power to determine the extent to which a parent or guardian of the child may meet his parental responsibility for him.

 

                (2)     The Committee may not exercise the power in paragraph (1)(c) unless it is satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.

 

                (3)     Nothing in paragraph (1)(c) shall prevent a parent or guardian of the child who has care of him from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare.

 

                (4)     While a care order is in force the Committee shall not -

 

                (a)     cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or

 

                (b)     have the right -

 

                          (i)      to consent or refuse to consent to the making of an application with respect to the child under Article 4 of the Adoption (Jersey) Law 1961,[15]

 

                          (ii)     to agree or refuse to agree to the making of an adoption order, or an order under Article 32 of the Adoption (Jersey) Law 1961[16] with respect to the child, or

 

                          (iii)    to appoint a guardian for the child.

 

                (5)     While a care order is in force with respect to a child, no person may -

 

                (a)     cause the child to be known by a new surname; or

 

                (b)     remove him from the Island,

 

without the written consent of every person who has parental responsibility for him or with leave of the court.

 

                (6)     Paragraph (5)(b) does not -

 

                (a)     prevent the removal of such a child, for the period of less than one month, by the Committee; or

 

                (b)     apply to arrangements for such a child to live outside the Island.

 

ARTICLE 27

 

Contact with children in care

 

                (1)     Subject to the provisions of this Article, the Committee shall allow a child in its care reasonable contact with -

 

                (a)     his parents;

 

                (b)     where there was a residence order in force with respect to the child immediately before the care order was made, the person in whose favour the order was made; and

 

                (c)     where, immediately before the care order was made, a person had care of the child by virtue of an order made by a court of competent jurisdiction with respect to children, that person.

 

                (2)     On an application made by the Committee or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and the named person.

 

                (3)     On an application made by -

 

                (a)     any person mentioned in paragraph (1)(a) to (c); or

 

                (b)     any person who has obtained the leave of the court to make the application,

 

the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.

 

                (4)     On an application made by the Committee or the child, the court may make an order authorizing the Committee to refuse contact between the child and any person mentioned in paragraph (1)(a) to (c) and named in the order.

 

                (5)     When making a care order with respect to a child, or in family proceedings in connection with a child who is in the care of the Committee, the court may make an order under this Article, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.

 

                (6)     The Committee may, as a matter of urgency, refuse to allow the contact that would otherwise be required by virtue of paragraph (1) or an order under this Article for a period of not more than seven days if it is satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.

 

                (7)     An order under this Article may impose such conditions as the court considers appropriate.

 

                (8)     The States may by Regulations make provision as to -

 

                (a)     the steps to be taken by the Committee where it has exercised its powers under paragraph (6);

 

                (b)     the circumstances in which, and conditions subject to which, the terms of any order under this Article may be departed from by agreement between the Committee and the person in relation to whom the order is made; and

 

                (c)     notification by the Committee of any variation or suspension of arrangements made (otherwise than an order under this Article) with a view to affording any person contact with a child to whom this Article applies.

 

                (9)     The court may vary or discharge any order made under this Article on the application of -

 

                (a)     the Committee;

 

                (b)     the child concerned; or

 

                (c)     the person named in the order.

 

                (10)   An order under this Article may be made either at the same time as the care order itself or later.

 

                (11)   Before making a care order with respect to any child the court shall -

 

                (a)     consider the arrangements which the Committee has made, or proposes to make, for affording any person contact with a child to whom this Article applies; and

 

                (b)     invite the parties to the proceedings to comment on those arrangements.

 

ARTICLE 28

 

Supervision orders

 

                (1)     While a supervision order is in force the supervisor shall -

 

                (a)     advise, assist and befriend the supervised child;

 

                (b)     take such steps as are reasonably necessary to give effect to the order; and

 

                (c)     where the order is not wholly complied with or the supervisor considers that it may no longer be necessary, consider whether or not to apply to the court for its variation or discharge.

 

                (2)     Schedule 3 makes further provision with respect to supervision orders.

 

ARTICLE 29

 

Powers of court in certain family proceedings

 

                (1)     Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the Committee to undertake an investigation of the child’s circumstances.

 

                (2)     Where the court gives a direction under this Article the Committee shall, when undertaking the investigation, consider whether it should -

 

                (a)     apply for a care order or for a supervision order with respect to the child;

 

                (b)     provide services or assistance for the child or his family; or

 

                (c)     take any other action with respect to the child.

 

                (3)     Where the Committee undertakes an investigation under this Article and decides not to apply for a care order or supervision order with respect to the child concerned, it shall inform the court of -

 

                (a)     its reasons for so deciding;

 

                (b)     any service or assistance which it has provided, or intends to provide, for the child and his family; and

 

                (c)     any other action which it has taken or proposes to take, with respect to the child.

 

                (4)     The information shall be given to the court before the end of the period of eight weeks beginning with the date of direction, unless the court otherwise directs.

 

ARTICLE 30

 

Interim care and supervision orders

 

                (1)     The court may make an interim care order or an interim supervision order where, in relation to the child concerned, it -

 

                (a)     adjourns any application for a care order or a supervision order; or

 

                (b)     gives a direction under Article 29(1),

 

provided that it is satisfied that there are reasonable grounds for believing that the circumstances with respect to that child are as mentioned in Article 24(2).

 

                (2)     Where in any proceedings on an application for a care order or supervision order the court makes a residence order with respect to the child concerned, it shall also make an interim supervision order with respect to him unless it is satisfied that his welfare will be satisfactorily safeguarded without an interim order being made.

 

                (3)     An interim order made under or by virtue of this Article shall have effect for such period as may be specified in the order, but in any event shall cease to have effect on whichever of the following events first occurs -

 

                (a)     the expiry of the period of eight weeks beginning with the date on which the order is made;

 

                (b)     if the order is the second or subsequent such order made with respect to the same child in the same proceedings, the expiry of the period of -

 

                          (i)      four weeks beginning on the date on which the order in question is made, or

 

                          (ii)     the period of eight weeks beginning with the date on which the first order was made,

 

                          whichever is the later;

 

                (c)     in a case which falls within paragraph (1)(a), the disposal of the application;

 

                (d)     in a case which falls within paragraph (1)(b) -

 

                          (i)      the disposal of the application for a care order or supervision order made by the Committee with respect to the child, or

 

                          (ii)     where the court has given a direction under Article 29(4) but no application for a care order or supervision order has been made with respect to the child, the expiry of the period fixed by that direction.

 

                (4)     Where the court makes an interim care order or interim supervision order it may give such directions (if any) as it considers appropriate with respect to the medical or psychiatric examination or other assessment of the child having regard to his wishes.

 

                (5)     A direction under paragraph (4) may be to the effect that there is to be no such examination or no such examination unless the court directs otherwise.

 

                (6)     A direction under paragraph (4) may be -

 

                (a)     given when the interim order is made or at any time while it is in force; and

 

                (b)     varied at any time on the application of any person falling within any class of person prescribed for the purposes of this paragraph.

 

                (7)     Paragraphs 3 and 4 of Schedule 3 shall not apply in relation to an interim supervision order.

 

                (8)     Where the court makes an order under or by virtue of this Article it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full.

 

ARTICLE 31

 

Power to include exclusion requirement in interim care order

 

                (1)     Where -

 

                (a)     on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in Article 24(2)(a) and (b)(i), the court makes an interim care order with respect to a child; and

 

                (b)     the conditions mentioned in paragraph (2) are satisfied,

 

the court may include an exclusion requirement in the interim care order.

 

                (2)     The conditions are -

 

                (a)     that there is reasonable cause to believe that, if the person in respect of whom the court is considering imposing an exclusion requirement is excluded from a dwelling house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm; and

 

                (b)     that another person living in the dwelling house (whether a parent of the child or some other person) -

 

                          (i)      is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and

 

                          (ii)     consents to the inclusion of the exclusion requirement.

 

                (3)     The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.

 

                (4)     The court may attach a power of arrest to the exclusion requirement and may provide for such power to have effect for a shorter period than the exclusion requirement.

 

                (5)     Any period specified for the purposes of paragraph (3) or (4) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.

 

                (6)     Where a power of arrest is attached to an exclusion requirement a police officer may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.

 

                (7)     Article 3(8) of the Powers of Arrest (Injunctions) (Jersey) Law 1998[17] shall have effect in relation to a person arrested under paragraph (6) of this Article as it has effect in relation to a person arrested under paragraph (3) or (4) of that Article.

 

                (8)     If, while an interim care order containing an exclusion requirement is in force, the Committee has removed the child from the dwelling house from which the excluded person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.

 

ARTICLE 32

 

Undertakings relating to interim care orders

 

                (1)     Without prejudice to any other power of the court, in any case where the court has power to include an exclusion requirement in an interim care order, it may accept an undertaking from the excluded person.

 

                (2)     No power of arrest may be attached to any undertaking given under paragraph (1).

 

                (3)     An undertaking given to the court under paragraph (1) -

 

                (a)     shall be enforceable as if it were an order of the court; and

 

                (b)     shall cease to have effect if, while it is in force, the Committee has removed the child from the dwelling house from which the excluded person is excluded to other accommodation for a continuous period of more than 24 hours.

 

ARTICLE 33

 

Discharge and variation of care orders and supervision orders

 

                (1)     A care order may be discharged by the court on the application of -

 

                (a)     any person who has parental responsibility for the child;

 

                (b)     the child himself; or

 

                (c)     the Committee.

 

                (2)     A supervision order may be varied or discharged by the court on the application of -

 

                (a)     any person who has parental responsibility for the child;

 

                (b)     the child himself; or

 

                (c)     the supervisor.

 

                (3)     On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person.

 

                (4)     On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement.

 

                (5)     Where a power of arrest has been attached to an exclusion requirement of any interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).

 

                (6)     Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order.

 

                (7)     When a court is considering whether to substitute one order for another under paragraph (6), any provision of this Law which would otherwise require Article 24(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded.

 

ARTICLE 34

 

Orders pending appeals in care and supervision cases

 

                (1)     If when the court dismisses an application for a care order the child concerned is the subject of an interim care order, the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

 

                (2)     If when the court dismisses an application for a care order or a supervision order the child concerned is the subject of an interim supervision order, the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

                (3)     Where the court grants an application to discharge a care order or supervision order, it may order that -

                (a)     its decision is not to have effect; or

                (b)     the care order or supervision order is to continue to have effect but subject to such directions as the court sees fit to include in the order.

 

                (4)     An order made under this Article shall only have effect for such period, not exceeding the appeal period, as may be specified in the order.

 

                (5)     Where -

 

                (a)     an appeal is made against any decision of the court under this Article; or

 

                (b)     any application is made to the Court of Appeal in connection with a proposed appeal against that decision,

 

the Court of Appeal may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period.

 

                (6)     In this Article “the appeal period” means -

 

                (a)     where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and

 

                (b)     otherwise, the period during which an appeal may be made against the decision.

 

PART 5

 

PROTECTION OF CHILDREN

 

ARTICLE 35

 

Causing harm to or neglecting children under 16

 

                (1)     If any person who has responsibility for a child under the age of 16 intentionally or recklessly -

 

                (a)     causes any harm to that child;

 

                (b)     exposes him to a risk of harm; or

 

                (c)     neglects him in a manner likely to cause him harm,

 

he shall be guilty of an offence and liable to a fine or to imprisonment for a term not exceeding ten years, or both.

 

                (2)     For the purposes of this Article -

 

                (a)     a person with responsibility for a child shall be deemed to have neglected him in a manner likely to cause him harm if he has failed to provide, or procure the provision of, adequate food, clothing, medical aid or lodging for him; and

 

                (b)     where it is proved that the death of a child under the age of three years was caused by suffocation (other than as a result of disease or the presence of a foreign body in that child’s throat or air passages) while that child was in bed with some other person over the age of 16 years who went to bed under the influence of intoxicating liquor or drugs, that other person shall be deemed to have neglected the child in a manner likely to cause him harm.

 

                (3)     A person may be convicted of an offence under this Article notwithstanding -

 

                (a)     that harm or the likelihood of harm was obviated by the action of another person; or

 

                (b)     that the child in question has died.

 

                (4)     If, on the trial of any person on a charge of infanticide or manslaughter of a child under the age of 16 for whom he had responsibility, the court or the jury as the case may be, is of the opinion that he was not guilty of the offence charged but was guilty of an offence under this Article, he may be found guilty of such an offence and shall be liable to be sentenced accordingly.

 

                (5)     Nothing in this Article shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to him.

 

                (6)     For the purposes of this Article -

 

                (a)     any person who has parental responsibility for a child or is otherwise legally liable to maintain him; and

 

                (b)     any person who has care of a child,

 

shall be presumed to have responsibility for him.

 

ARTICLE 36

 

Child assessment orders

 

                (1)     The court may, on the application of the Committee, make a child assessment order authorizing any person carrying out the assessment or any part of the assessment to do so in accordance with the order, provided that it is satisfied that -

 

                (a)     the Committee has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

 

                (b)     an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the Committee to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

 

                (c)     it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this Article.

 

                (2)     The court may treat an application under this Article as an application for an emergency protection order.

 

                (3)     The court shall not make a child assessment order if it is satisfied -

 

                (a)     that there are grounds for making an emergency protection order with respect to the child; and

 

                (b)     that it ought to make such an order rather than a child assessment order.

 

                (4)     A child assessment order shall -

 

                (a)     specify the date by which the assessment is to begin; and

 

                (b)     have effect for such period, not exceeding seven days beginning with that date, as may be specified in the order.

 

                (5)     Where a child assessment order is in force any person who is able to produce the child to which it relates shall -

 

                (a)     produce him to such person as may be named in the order; and

 

                (b)     comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.

 

                (6)     The child may only be kept away from home -

 

                (a)     in accordance with directions specified in the order;

 

                (b)     if it is necessary for the purposes of the assessment; and

 

                (c)     for such period or periods as may be specified in the order.

 

                (7)     Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home.

 

                (8)     The Committee shall take such steps as are reasonably practicable to ensure that notice of the application is given before the hearing to -

 

                (a)     the child’s parents;

 

                (b)     any person who is not a parent of his but who has parental responsibility for him;

 

                (c)     any other person caring for the child;

 

                (d)     any person in whose favour a contact order is in force with respect to the child; and

 

                (e)     any person who is allowed to have contact with the child by virtue of an order under Article 27.

 

                (9)     The court may vary or discharge a child assessment order.

 

ARTICLE 37

 

Emergency protection orders

 

                (1)     The Bailiff may, on the application of any person, make an emergency protection order with respect to a child if he is satisfied that -

 

                (a)     there is reasonable cause to believe that the child is likely to suffer significant harm if -

 

                          (i)      he is not removed to accommodation provided by or on behalf of the Committee, or

 

                          (ii)     he does not remain in the place in which he is then being accommodated; or

 

                (b)     in the case of an application made by the Committee -

 

                          (i)      enquiries are being made with respect to the child under Article 42(1)(b), and

 

                          (ii)     those enquiries are being frustrated by access to the child being unreasonably refused to an officer of, or other person authorized to act on behalf of, the Committee and the Committee has reasonable cause to believe that access to the child is required as a matter of urgency.

 

                (2)     Any person seeking access to a child in connection with enquiries of a kind mentioned in paragraph (1) and purporting to be a person authorized to do so shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.

 

                (3)     Where an emergency protection order is in force -

 

                (a)     any person who can comply with any request to produce the child to the applicant must do so; and

 

                (b)     the applicant may, in order to safeguard the welfare of the child -

 

                          (i)      at any time remove him to and keep him at accommodation provided by him or on his behalf, or

 

                          (ii)     prevent his being removed from any hospital or other place in which he was being accommodated immediately before the making of the order; and

 

                (c)     the applicant shall -

 

                          (i)      have parental responsibility for the child but shall only take such action in meeting such responsibility as is reasonably required to safeguard or promote his welfare having regard to the duration of the order, and

 

                          (ii)     comply with the requirements of any Regulations made by the States for the purposes of this Article.

 

                (4)     Where the Bailiff makes an emergency protection order he may give such directions, if any, as he considers appropriate with respect to -

 

                (a)     the contact which is, or is not, to be allowed between the child and any named person and may impose conditions on such contact; and

 

                (b)     the medical or psychiatric examination or other assessment of the child.

 

                (5)     A direction under paragraph (4)(b) may be to the effect that there is to be no such examination or assessment or no such examination or assessment unless the Bailiff directs otherwise.

 

                (6)     A direction under paragraph (4) may be -

 

                (a)     given when the emergency protection order is made or at any time while it is in force; and

 

                (b)     varied at any time on the application of any person falling within any class of person prescribed for the purposes of this paragraph.

 

                (7)     Where an emergency protection order is in force with respect to a child and the applicant has exercised the power given by -

 

                (a)     paragraph (3)(b)(i) but it appears to him that it is safe for the child to be returned; or

 

                (b)     paragraph (3)(b)(ii) but it appears to him to be safe for the child to be allowed to be removed from the place in question,

 

he shall return the child or (as the case may be) allow him to be removed.

 

                (8)     Where the applicant is required by paragraph (7) to return the child he shall -

 

                (a)     return him to the care of the person from whose care he was removed; or

 

                (b)     if that is not reasonably practicable, return him to the care of -

 

                          (i)      a parent of his,

 

                          (ii)     any person who is not a parent of his but who has parental responsibility for him, or

 

                          (iii)    such other person as the Committee, with the agreement of the Bailiff, considers appropriate.

 

                (9)     Where the applicant has been required by paragraph (7) to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.

 

                (10)   Where an emergency protection order has been made with respect to a child, the applicant shall, subject to any direction given under paragraph (4), allow the child reasonable contact with -

 

                (a)     his parents;

 

                (b)     any person who is not a parent of his but who has parental responsibility for him;

 

                (c)     any person with whom he was living immediately before the making of the order;

 

                (d)     any person in whose favour a contact order is in force with respect to him;

 

                (e)     any person who is allowed to have contact with the child by virtue of an order under Article 27; and

 

                (f)      any person acting on behalf of any of those persons.

 

                (11)   Wherever it is reasonably practicable to do so, an emergency protection order shall name the child or describe him as clearly as possible.

 

                (12)   A person who intentionally obstructs any person exercising the power under paragraph (3)(b) to remove, or prevent the removal of, a child shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[18]

 

ARTICLE 38

 

Power to include exclusion requirement in emergency protection order

 

                (1)     Where -

 

                (a)     on being satisfied as mentioned in Article 37(1)(a) or (b), the Bailiff makes an emergency protection order with respect to a child; and

 

                (b)     the conditions mentioned in paragraph (2) are satisfied,

 

the Bailiff may include an exclusion requirement in the emergency protection order.

 

                (2)     The conditions are -

 

                (a)     that there is reasonable cause to believe that, if the person in respect of whom the Bailiff is considering imposing an exclusion requirement is excluded from a dwelling house in which the child lives, then -

 

                          (i)      in the case of an order made on the ground mentioned in Article 37(1)(a), the child will not be likely to suffer significant harm even though the child is not removed as mentioned in clause (i) of that sub-paragraph or does not remain as mentioned in clause (ii) of that sub-paragraph, or

 

                          (ii)     in the case of an order made on the ground mentioned in Article 37(1)(b), the enquiries referred to in that paragraph will cease to be frustrated; and

 

                (b)     that another person living in the dwelling house (whether a parent of the child or some other person) -

 

                          (i)      is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and

 

                          (ii)     consents to the inclusion of the exclusion requirement.

 

                (3)     The Bailiff may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.

 

                (4)     The Bailiff may attach a power of arrest to the exclusion requirement and may provide for such power to have effect for a shorter period than the exclusion requirement.

 

                (5)     Any period specified for the purposes of paragraph (3) or (4) may be extended by the Bailiff (on one or more occasions) on an application to vary or discharge the emergency protection order.

 

                (6)     Where a power of arrest is attached to an exclusion requirement a police officer may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.

 

                (7)     Article 3(8) of the Powers of Arrest (Injunctions) (Jersey) Law 1998[19] shall have effect in relation to a person arrested under paragraph (6) of this Article as it has effect in relation to a person arrested under paragraph (3) or (4) of that Article.

 

                (8)     If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling house from which the excluded person is excluded to other accommodation for a continuous period of more than 24 hours, the emergency protection order shall cease to have effect in so far as it imposes the exclusion requirement.

 

ARTICLE 39

 

Undertakings relating to emergency protection orders

 

                (1)     Without prejudice to any other power of the court, in any case where the court has power to include an exclusion requirement in an emergency protection order, it may accept an undertaking from the excluded person.

 

                (2)     No power of arrest may be attached to any undertaking given under paragraph (1).

 

                (3)     An undertaking given to the court under paragraph (1) -

 

                (a)     shall be enforceable as if it were an order of the court; and

 

                (b)     shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling house from which the excluded person is excluded to other accommodation for a continuous period of more than 24 hours.

 

ARTICLE 40

 

Duration of emergency protection orders and other supplemental provisions

 

                (1)     An emergency protection order shall have effect for such period, not exceeding 28 days, as may be specified in the order, but where the order would, but for the following provisions of this paragraph, cease to have effect on a day which is a holiday, the order shall have effect until noon on the first day thereafter which is not a holiday.

 

                (2)     Where an emergency protection order is made on an application under Article 41(5)(a), the period of 28 days mentioned in paragraph (1) shall begin with the first day on which the child was taken into police protection under Article 41.

 

                (3)     Any person who -

 

                (a)     has parental responsibility for a child as the result of an emergency protection order; and

 

                (b)     is entitled to apply for a care order with respect to the child,

 

may apply to the Bailiff for the period during which the emergency protection order is to have effect to be extended.

 

                (4)     Regardless of any enactment or rule of law which would otherwise prevent him from doing so, the Bailiff may, when hearing an application for or with respect to an emergency protection order, take account of -

 

                (a)     any statement contained in any report made to him in the course of, or in connection with, the hearing; or

 

                (b)     any evidence given during the hearing,

 

which is, in his opinion, relevant to the application.

 

                (5)     An application to discharge an emergency protection order may be made to the court by -

 

                (a)     the child himself;

 

                (b)     a parent of his;

 

                (c)     any person who is not a parent of his but who has parental responsibility for him; or

 

                (d)     any person with whom he was living before the making of the order.

 

                (6)     On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.

 

                (7)     Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).

 

                (8)     No application for the discharge of an emergency protection order shall be heard by the court before the expiry of the period of 72 hours beginning with the making of the order.

 

                (9)     No appeal may be made against -

 

                (a)     the making of, or refusal to make, an emergency protection order;

 

                (b)     the extension of, or refusal to extend, the period during which such an order is to have effect;

 

                (c)     the discharge of, or refusal to discharge, such an order; or

 

                (d)     the giving of, or refusal to give, any direction in connection with such an order.

 

                (10)   Paragraph (5) does not apply -

 

                (a)     where the person who would otherwise be entitled to apply for the emergency protection order to be discharged -

 

                          (i)      was given notice (in accordance with Rules of Court) of the hearing at which the order was made, and

 

                          (ii)     was present at the hearing; or

 

                (b)     to any emergency protection order the effective period of which has been extended under paragraph (4).

 

                (11)   In making an emergency protection order the Bailiff may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a registered medical practitioner or such other person as the Bailiff may direct.

 

ARTICLE 41

 

Taking of children into police protection

 

                (1)     Where a police officer has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may take the child into police protection for up to 72 hours by -

 

                (a)     removing him to and keeping him in suitable accommodation; or

 

                (b)     taking such steps as are reasonable to prevent his removal from any hospital, or other place, in which he is then being accommodated,

 

and he may enter and search any premises in order to do so.

 

                (2)     As soon as reasonably practicable after taking a child into police protection, the police officer concerned shall -

 

                (a)     inform the Committee of the steps that have been, and are proposed to be, taken with respect to the child under this Article and the reasons for taking them;

 

                (b)     inform the child (if he appears capable of understanding) -

 

                          (i)      of the steps that have been taken with respect to him under this Article and of the reasons for taking them, and

 

                          (ii)     of the further steps that may be taken with respect to him under this Article;

 

                (c)     take such steps as are reasonably practicable to discover the wishes and feelings of the child;

 

                (d)     secure that the case is inquired into by a police officer designated for the purposes of this Article by the Chief Officer, or an officer of the Committee, or both of them acting jointly (an “inquiry officer”); and

 

                (e)     where the child was taken into police protection by being removed to accommodation which is not provided by the Committee or as a refuge in compliance with the requirements of Article 46, secure that he is moved to accommodation which is so provided.

 

                (3)     As soon as is reasonably practicable after taking a child into police protection, the police officer concerned shall take such steps as are reasonably practicable to inform -

 

                (a)     the child’s parents;

 

                (b)     every person who is not a parent of his but who has parental responsibility for him; and

 

                (c)     any other person with whom the child was living immediately before being taken into police protection,

 

of the steps that he has taken under this Article with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this Article.

 

                (4)     On completing an inquiry under paragraph (2)(d), the inquiry officer shall cause the child to be released from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.

 

                (5)     While a child is being kept in police protection -

 

                (a)     an officer of the Committee may apply on behalf of the Committee for an emergency protection order;

 

                (b)     neither the police officer concerned nor the inquiry officer shall have parental responsibility for him; and

 

                (c)     the inquiry officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected).

 

                (6)     Where a child has been taken into police protection -

 

                (a)     the child’s parents;

 

                (b)     any person who is not a parent of the child but who has parental responsibility for him;

 

                (c)     any person with whom the child was living immediately before he was taken into police protection;

 

                (d)     any person in whose favour a contact order is in force with respect to the child;

 

                (e)     any person who is allowed to have contact with the child by virtue of an order under Article 27; and

 

                (f)      any person acting on behalf of any of those persons,

 

shall have such contact (if any) with the child as, in the opinion of the inquiry officer, is both reasonable and in the child’s best interests.

 

ARTICLE 42

 

Committee’s duty to investigate

 

                (1)     Where the Committee -

 

                (a)     is informed that a child is the subject of an emergency protection order or is in police protection; or

 

                (b)     has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm,

 

it shall make, or cause to be made, such enquiries as it considers necessary to enable it to decide whether it should take any action to safeguard or promote the child’s welfare.

 

                (2)     Where the Committee has obtained an emergency protection order with respect to a child, it shall make, or cause to be made, such enquiries as it considers necessary to enable it to decide whether it should take any action to safeguard or promote the child’s welfare.

 

                (3)     The enquiries shall, in particular, be directed towards establishing -

 

                (a)     whether the Committee should make any application to the court, or exercise any of its other powers under this Law, with respect to the child;

 

                (b)     whether, in the case of a child -

 

                          (i)      with respect to whom an emergency protection order has been made, and

 

                          (ii)     who is not in accommodation provided by or on behalf of the Committee,

 

                          it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and

 

                (c)     whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for an application to be made under Article 41(5)(a).

 

                (4)     Where enquiries are being made under paragraph (1) with respect to a child, the Committee shall (with a view to enabling it to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable -

 

                (a)     to obtain access to him; or

 

                (b)     to ensure that access to him is obtained, on its behalf, by a person authorized by it for the purpose,

 

unless it is satisfied that it already has sufficient information with respect to him.

 

                (5)     Where, in the course of enquiries made under this Article, an officer of the Committee or any other person authorized by the Committee to act on its behalf in connection with those enquiries -

 

                (a)     is refused access to the child concerned; or

 

                (b)     is denied information as to his whereabouts,

 

the Committee shall apply for an emergency protection order, a child assessment order, a care order or supervision order with respect to the child unless it is satisfied that his welfare can be satisfactorily safeguarded without its doing so.

 

                (6)     If, on conclusion of any enquiries or review made under this Article, the Committee decides not to apply for any of the orders mentioned in paragraph (5) it shall -

 

                (a)     consider whether it would be appropriate to review the case at a later date; and

 

                (b)     if it decides that it would be so appropriate, determine the date on which that review is to begin.

 

                (7)     Where, as a result of complying with this Article, the Committee concludes that it should take action to safeguard or promote the child’s welfare it shall take that action (so far as it is both within its power and reasonably practicable for it to do so).

 

                (8)     Where the Committee is conducting enquiries under this Article, it shall be the duty of any Committee or Department of the States to assist it with its enquiries (in particular by providing relevant information and advice) if called upon by the Committee to do so unless it would be unreasonable to do so in all the circumstances of the case.

 

                (9)     Where the Committee is making enquiries under this Article with respect to a child who appears to it to be ordinarily resident outside the Island, it shall consult the appropriate authority for the place where the child is so resident.

 

ARTICLE 43

 

Powers to assist in discovery of children who may be in need of emergency protection

 

                (1)     Where the Bailiff -

 

                (a)     makes an emergency protection order; and

 

                (b)     considers that adequate information as to the child’s whereabouts is not available to the applicant but is available to another person,

 

he may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts.

 

                (2)     No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.

 

                (3)     An emergency protection order may authorize such person as is named in the order to enter premises specified by the order and search for the child with respect to whom the order is made.

 

                (4)     Where the Bailiff is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, he may make an order authorizing the applicant to search for that other child on those premises and the applicant shall notify the Bailiff of the result of such search.

 

                (5)     Where -

 

                (a)     an order has been made under paragraph (4);

 

                (b)     the child has been found on the premises; and

 

                (c)     the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him,

 

the order shall have effect as if it were an emergency protection order.

 

                (6)     A person who intentionally obstructs any person exercising the power of entry and search under paragraph (3) or (4) shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[20]

 

ARTICLE 44

 

Abduction of children

 

                A person who, knowingly and without lawful authority or reasonable excuse -

 

                (a)     takes a child who is in care, the subject of an emergency protection order or in police protection away from the person who for the time being has care of him by virtue of such order or protection;

 

                (b)     keeps such a child away from such person; or

 

                (c)     induces, assists or incites such a child to run away or stay away from such person,

 

shall be guilty of an offence and liable to imprisonment for a term not exceeding six months, or to a fine not exceeding level 4 on the standard scale,20 or both.

 

ARTICLE 45

 

Recovery of abducted children

 

                (1)     Where it appears to the court that there is reason to believe that an offence under Article 44 has been committed or that a child described in paragraph (a) of that Article has run away or is missing it may issue a recovery order.

 

                (2)     A recovery order -

 

                (a)     operates as a direction to any person who is in a position to do so to produce the child on request to any authorized person;

 

                (b)     authorizes the removal of the child by any authorized person;

 

                (c)     requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to any authorized person; and

 

                (d)     where it appears to the court that there are reasonable grounds for believing the child is on premises specified in the order, authorizes a police officer to enter such premises and search for the child, using reasonable force if necessary.

 

                (3)     The court may make a recovery order only on the application of -

 

                (a)     any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

 

                (b)     where the child is in police protection, the inquiry officer.

 

                (4)     A recovery order shall name the child and -

 

                (a)     any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

 

                (b)     where the child is in police protection, the inquiry officer.

 

                (5)     In this Article “an authorized person” means -

 

                (a)     any person specified by the court;

 

                (b)     any police officer; or

 

                (c)     any person who is authorized -

 

                          (i)      after the recovery order is made, and

 

                          (ii)     by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,

 

                          to exercise any power under a recovery order.

 

                (6)     Where a person is authorized as mentioned in paragraph (5)(c) -

 

                (a)     the authorization shall identify the recovery order; and

 

                (b)     any person claiming to be so authorized shall, if asked to do so, produce some duly authenticated document showing that he is so authorized.

 

                (7)     A person who intentionally obstructs an authorized person exercising the power under paragraph (2)(b) to remove a child shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[21]

 

                (8)     No person shall be excused from complying with any request made under paragraph (2)(c) on the ground that complying with it might incriminate him or his spouse of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.

 

                (9)     Where a child is made the subject of a recovery order whilst being looked after by the Committee, any reasonable expenses incurred by an authorized person in giving effect to the order shall be recoverable from the Committee.

 

ARTICLE 46

 

Refuges for children at risk

 

                (1)     Where -

 

                (a)     it is proposed to use a voluntary home to provide for a refuge for children who appear to be at risk of harm; or

 

                (b)     the Committee arranges for a foster parent to provide such a refuge,

 

the Committee may issue a certificate under this Article with respect to that home or that foster parent.

 

                (2)     In paragraph (1) “foster parent” means a person who is, or who from time to time is, a Committee foster parent or a foster parent with whom children are placed by a voluntary organisation.

 

                (3)     The States may by Regulations -

 

                (a)     make provision as to the manner in which certificates are issued;

 

                (b)     impose requirements which must be complied with while any certificate is in force; and

 

                (c)     provide for the withdrawal of certificates in such circumstances as the Regulations may prescribe.

 

                (4)     Article 44 shall not apply -

 

                (a)     where a certificate is in force with respect to a home, in relation to any person providing a refuge for any child in that home; and

 

                (b)     where a certificate is in force with respect to a foster parent, in relation to the provision by that foster parent of a refuge for any child in accordance with arrangements made by the Committee.

 

ARTICLE 47

 

Rules of Court

 

                (1)     Without prejudice to Article 67 or any other power to make such Rules, Rules of Court may be made with respect to the procedure to be followed in connection with proceedings under this Part.

 

                (2)     The Rules may in particular make provision -

 

                (a)     as to the form in which any application is to be made or direction is to be given;

 

                (b)     prescribing the persons who are to be notified of -

 

                          (i)      the making, or extension, of an emergency protection order, or

 

                          (ii)     the making of an application under Article 40(3) or (6) or Article 41(5)(a); and

 

                (c)     as to the content of any such notification and the manner in which, and person by whom, it is to be given.

 

PART 6

 

EMPLOYMENT OF CHILDREN

 

ARTICLE 48

 

Restrictions on employment of children

 

                (1)     The Committee may make Orders with respect generally to the employment of children, and any such Order may distinguish between children of different ages and sexes and between different trades, occupations and circumstances.

 

                (2)     If it appears to the Committee that any child is being employed in such a manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of any education provided for him, the Committee may give notice in writing to the employer prohibiting him from employing the child or imposing such restrictions on the employment of the child as appear to the Committee to be expedient in the interests of the child.

 

                (3)     The Committee may serve notice in writing on the employer of, or the parent or guardian of, any child, requiring such person to provide the Committee, within such period as may be specified in the notice, with such information as appears to the Committee to be necessary to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

 

                (4)     An employer aggrieved by a notice served on him under paragraph (2) or the child to whom such notice relates, may appeal to the court within 15 days of such service, on the ground that the decision is unreasonable having regard to all the circumstances of the case, and the requirements of the notice shall not be effective until the 15-day period has elapsed or, where an appeal is brought, until its determination.

 

                (5)     For the purposes of this Part and any Order made thereunder, a person who assists in a trade or occupation carried on for profit shall be regarded as being employed notwithstanding he receives no reward for his labour.

 

                (6)     In this Part -

 

          “employment” includes employment as a hawker within the meaning of the Hawkers and Non-Resident Traders (Jersey) Law 1965;[22] and

 

          “guardian”, in relation to a child, includes a person who has for the time being the care of the child.

 

ARTICLE 49

 

Offences in connection with employment of children

 

                (1)     Subject to paragraphs (2) and (3), if a child is employed in contravention of Article 48 or any Order made thereunder, the employer and any person (other than the child) to whose act or default the contravention is attributable shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[23]

 

                (2)     If proceedings are brought under this Article against the employer, on giving the prosecution not less than three days’ notice of his intention, he shall be entitled to have any person (other than the child) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings.

 

                (3)     If, after the contravention has been proved, the employer proves that the contravention was due to the act or default of the person made a party to the proceedings under paragraph (2), that person may be convicted of the offence, and if the employer further proves that he used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.

 

                (4)     Where an employer seeks to avail himself of paragraphs (2) and (3) -

 

                (a)     the prosecution shall have the right to cross-examine him (if he gives evidence) and any witness called by him in support of his allegations, and to call rebutting evidence; and

 

                (b)     the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any such other party.

 

                (5)     If a person fails to comply with the requirements of a notice served on him under Article 48(3), he shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.[24]

 

ARTICLE 50

 

Restrictions on children taking part in performances

 

                (1)     Subject to the provisions of this Article, a child under the age of 16 years shall not take part in a performance to which this Article applies except under the authority of a licence granted by the Committee.

 

                (2)     This Article applies to -

 

                (a)     any performance in connection with which a charge is made (whether for admission or otherwise);

 

                (b)     any performance in licensed premises within the meaning of the Licensing (Jersey) Law 1974;[25]

 

                (c)     any broadcast or television performance;

 

                (d)     any performance not falling within sub-paragraph (c) but included in a programme service; and

 

                (e)     any performance recorded (by whatever means) with a view to its use in a broadcast, a programme service or in a film intended for public exhibition,

 

and a child shall be treated for the purposes of this Article as taking part in a performance if he takes the place of a performer in any rehearsal or in any preparation for the recording of the performance.

 

                (3)     A licence under this Article shall not be required for any child to take part in a performance to which this Article applies if -

 

                (a)     in the six months preceding the performance he has not taken part in other performances to which this Article applies on more than three days; or

 

                (b)     the performance is given under arrangements made by a school or by a body of persons approved for the purposes of this Article by the Committee, and no payment in respect of the child’s taking part in the performance is made, whether to him or to any other person, except for defraying expenses,

 

but the Committee may by Order prescribe conditions to be observed with respect to the age, hours of work, rest or meals of children taking part in any performance for which a licence is not required in accordance with sub-paragraph (a).

 

                (4)     The Committee may grant a licence for a child to take part in a performance or series of performances if it is satisfied that -

 

                (a)     he is fit to do so;

 

                (b)     proper provision has been made to secure his health and welfare; and

 

                (c)     having regard to such provision (if any) as has been or will be made under sub-paragraph (b), his education will not suffer.

 

ARTICLE 51

 

Supplementary provisions as to licences

 

                (1)     The Committee may, on the application of the holder, vary a licence granted under Article 50.

 

                (2)     The Committee may, having given such notice (if any) as may be practicable in the circumstances, vary or revoke the licence if -

 

                (a)     any condition subject to which it was granted is not observed; or

 

                (b)     if it is not satisfied as to the matters mentioned in Article 50(4).

 

                (3)     The licence holder shall keep such records as the Committee may prescribe by Order and shall produce them on request to an officer of the Committee at any time not later than six months after the performance or last performance to which it relates.

 

                (4)     Where the Committee refuses an application for a licence under Article 50 or revokes or, otherwise than on the application of the holder, varies such a licence, it shall give written reasons for doing so to the applicant or licence holder as the case may be.

 

                (5)     The applicant or licence holder may appeal to the court against the refusal, revocation or variation of a licence, or against any condition subject to which it was granted or any approval is given (not being a condition which the Committee was required to impose) on the ground that the refusal, revocation or variation or the imposition of the condition, as the case may be, was unreasonable having regard to all the circumstances of the case.

 

ARTICLE 52

 

Offences in connection with performances by children

 

                (1)     If any person -

 

                (a)     causes or procures any child under the age of 16 years or, being his parent or guardian, allows him, to take part in any performance in contravention of Article 50;

 

                (b)     fails to observe any condition subject to which a licence under that Article is granted, or any condition prescribed by an Order made under paragraph (3) of that Article; or

 

                (c)     knowingly or recklessly makes any false statement in or in connection with an application for a licence under that Article,

 

he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale[26] or to imprisonment for a term not exceeding three months, or both.

 

                (2)     If any person fails to keep or produce any record which he is required to keep or produce under Article 51, he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.26

 

                (3)     Where the holder of a licence granted under Article 50 is convicted of an offence under this Article the court may revoke his licence.

 

                (4)     In any proceedings for an offence under paragraph (1)(a) it shall be a defence to prove that the accused believed that the condition specified in Article 50(3)(a) was satisfied and that he had reasonable grounds for that belief.

 

ARTICLE 53

 

Power of entry

 

                (1)     If it appears to the Committee that there is reasonable cause to believe that the provisions of this Part, or of any Order made thereunder, are being contravened with respect to any person, any officer of the Committee may, subject to the production by him of his authority, enter any place in connection with which the child in question is, or is believed to be, employed or taking part in a performance as the case may be, and make enquiries with respect to that child.

 

                (2)     A person who intentionally obstructs an officer in the exercise of any power conferred on him by paragraph (1) shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[27]

 

PART 7

 

VOLUNTARY HOMES

 

ARTICLE 54

 

Registration of voluntary homes

 

                (1)     No voluntary home shall be carried on unless it is registered in a register to be kept for the purposes of this Article by the Committee.

 

                (2)     A person shall not -

 

                (a)     carry on, or be otherwise concerned in the management of, or have any financial interest in, a voluntary home if he is disqualified for doing so by virtue of Schedule 4; or

 

                (b)     employ a person in a voluntary home who is so disqualified,

 

unless he had disclosed the disqualification to the Committee and obtained its consent.

 

                (3)     An application for registration under this Article shall be made -

 

                (a)     by the persons intending to carry on the voluntary home to which the application relates; and

 

                (b)     in such manner, and be accompanied by such particulars as the Committee may require.

 

                (4)     Subject to Article 55, on an application duly made under paragraph (2) the Committee shall -

 

                (a)     where the voluntary home to which the application relates is open for the reception of children under the age of 17 years and it is satisfied that the applicant is a fit and proper person to carry on a voluntary home, grant the application; or

 

                (b)     in any other case, grant or refuse the application as it thinks fit.

 

                (5)     Subject to Article 55, where at any time it appears to the Committee that the conduct of any voluntary home registered under paragraph (1) is not in accordance with the provisions of any Order made or directions given under this Part or is otherwise unsatisfactory, the Committee may remove the home from the register.

 

                (6)     A person who carries on a voluntary home in contravention of paragraph (1) shall be guilty of an offence and liable to a fine not exceeding level 4 on the standard scale[28] and to a further fine not exceeding level 1 on the standard scale28 in respect of each day during which the offence continues after conviction.

 

                (7)     A person who contravenes paragraph (2) shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[29]

 

ARTICLE 55

 

Appeals

 

                (1)     Where the Committee proposes to refuse an application for the registration of a voluntary home or to remove such a home from the register it shall give the applicant or the person carrying on the home, as the case may be, written notice of -

 

                (a)     its intention to do so and the reasons for so doing;

 

                (b)     his right to be heard in person or by a representative if he informs the Committee in writing of his desire to do so within 14 days of receipt of the notice.

 

                (2)     If the Committee, after giving the applicant or the person carrying on the voluntary home an opportunity to be heard, decides to refuse the application or remove the voluntary home from the register, it shall, if he requires, deliver to him within seven days of receiving such request, written particulars of the reasons for such refusal or removal and his right to appeal.

 

                (3)     Any person aggrieved by such decision of the Committee, may, within one month of the receipt of the notice given under paragraph (2), appeal to the court on the ground that the decision was unreasonable having regard to all the circumstances of the case and the home in question shall not be removed from the register until the appeal has been determined.

 

                (4)     On an appeal under this Article, the court may confirm the Committee’s decision or direct that it shall not have effect.

 

                (5)     Any notice under this Article required to be given by the Committee to the persons carrying on, or intending to carry on, a voluntary home may be given to any one of those persons.

 

ARTICLE 56

 

Orders as to conduct of voluntary homes

 

                (1)     The Committee may by Order make provision -

 

                (a)     as to the placing of children in voluntary homes;

 

                (b)     as to the conduct of such homes; and

 

                (c)     for securing the welfare of children in such homes.

 

                (2)     Orders may in particular -

 

                (a)     prescribe standards to which the premises used for such homes are to conform;

 

                (b)     impose requirements as to the accommodation, staff and equipment to be provided in such homes, and as to the arrangements to be made for ensuring the health and safety of the children in the homes;

 

                (c)     provide for the control and discipline of children in such homes;

 

                (d)     require the furnishing to the Committee of information as to the facilities provided for -

 

                          (i)      the parents of children in the homes,

 

                          (ii)     persons who are not parents of such children but who have parental responsibility for them, and

 

                          (iii)    other persons connected with such children,

 

                          to visit and communicate with the children and authorize the Committee to give directions as to the provision of such facilities;

 

                (e)     authorize the Committee to give directions limiting the number of children who may at any one time be accommodated in any particular home;

 

                (f)      impose requirements as to the keeping of records and giving of notices with respect to children in such homes;

 

                (g)     impose requirements as to the facilities which are to be provided for giving religious instruction to children in such homes; and

 

                (h)     require notice to be given to the Committee of any change of the person carrying on or in charge of a voluntary home or of the premises used by such a home,

 

and may contain different provisions for different descriptions of cases and as respects different descriptions of homes.

 

                (3)     Any person who contravenes or fails to comply with the provisions of any Order made under this Article or any requirement made or direction given under any such Order shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.[30]

 

ARTICLE 57

 

Functions of Committee in relation to welfare of children in voluntary homes

 

                (1)     The Committee shall satisfy itself that any voluntary organisation providing accommodation for children in a voluntary home is satisfactorily safeguarding and promoting the welfare of the children so accommodated and may arrange for such children to be visited from time to time in the interests of their welfare.

 

                (2)     Where the Committee are not satisfied that the welfare of any child who is accommodated in a voluntary home is being satisfactorily safeguarded or promoted it shall -

 

                (a)     unless it considers that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by -

 

                          (i)      a parent of his,

 

                          (ii)     any person who is not a parent of his but who has parental responsibility for him, or

 

                          (iii)    a relative of his; and

 

                (b)     consider the extent to which (if at all) it should exercise any of its functions with respect to the child.

 

                (3)     Any officer of the Committee may, subject to the production by him of evidence of his authority, enter any voluntary home and carry out such inspection of the home, the children accommodated in the home and records relating to the home or those children as he considers appropriate.

 

                (4)     A person who intentionally obstructs an officer in the exercise of any power conferred on him by paragraph (3) shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[31]

 

PART 8

 

PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

 

ARTICLE 58

 

Meaning of privately fostered child

 

                (1)     In this Law “ privately fostered child” means, subject to the following provisions of this Article, a child under the age of 16 years who is cared for and provided with accommodation for a period which has exceeded or which is intended to exceed 28 days by a person other than -

 

                (a)     a parent of his;

 

                (b)     a person who is not a parent of his but who has parental responsibility for him; or

 

                (c)     a relative of his.

 

                (2)     A child is not a privately fostered child while -

 

                (a)     he is being looked after by the Committee;

 

                (b)     he is in the care of any person in premises in which any -

 

                          (i)      parent of his,

 

                          (ii)     person who is not a parent of his but who has parental responsibility for him, or

 

                          (iii)    person who is a relative of his and who has assumed responsibility for his care,

 

                          is for the time being living;

 

                (c)     he is in the care of any person in any children’s home;

 

                (d)     he is being accommodated in a voluntary home;

 

                (e)     he is in the care of any person in any school where he is receiving full-time education;

 

                (f)      he is in the care of any person in a hospital;

 

                (g)     he is in the care of any person in any residential care home, nursing home or mental nursing home;

 

                (h)     he is liable to be detained under Part III of the Mental Health (Jersey) Law 1969;[32] or

 

                (j)      he is placed in the care of a person who proposes to adopt him under arrangements made by the Adoption Service pursuant to the Adoption (Jersey) Law 1961[33] or he is a protected child within the meaning of Article 23 of that Law.[34]

 

                (3)     In this Part “to foster a child privately” means to look after a child in circumstances in which he is a privately fostered child.

 

ARTICLE 59

 

Notification in respect of privately fostered children

 

                (1)     A person who proposes to foster a child privately who is not already in his care shall notify the Committee not less than two weeks before he receives the child unless he receives him in an emergency.

 

                (2)     A person who fosters a child privately whom he received in an emergency or who became a privately fostered child while in his care shall notify the Committee not less than one week after the fostering arrangements began.

 

                (3)     A notice given under paragraph (1) or (2) shall be in writing and shall specify the premises in which the child is to be or is being accommodated.

 

                (4)     Where a person who fosters a child privately changes his permanent address or the premises in which the child is being accommodated, he shall, not less than two weeks before the change, or, if the change is made in an emergency, not later than one week after the change, give written notice to the Committee, specifying the new address or premises.

 

                (5)     If a privately fostered child dies or is removed or removes himself from the care of the person maintaining him, that person shall, within 48 hours of such an event, give to the Committee and to the person from whom the child was received written notice of the death or removal and, in the case of a removal, the notice shall state, if known, the name and address of such person (if any) into whose care the child has been removed or received.

 

                (6)     Where a privately fostered child ceases to be such on his removal from the care of the person maintaining him that person shall, if so requested by the Committee, inform the Committee of the name and address of such person (if any) into whose care the child has been removed or received.

 

                (7)     The Committee may exempt any person from the duty of giving notices under this Article, and any such exemption may be granted as regards all or any such notices for a specified period, and may be revoked at any time by notice in writing given to that person.

 

                (8)     A person who fosters or proposes to foster a child privately shall at the request of the Committee supply to it -

 

                (a)     the name, sex and date and place of birth of the child; and

 

                (b)     the name and address of any parent of the child and of any other person who has parental responsibility for the child and (if different) of any person from whom the child was, or is to be, received.

 

ARTICLE 60

 

Power of Committee to impose requirements and prohibitions

 

                (1)     Where a person fosters or proposes to foster any children privately, the Committee may impose on him requirements as to -

 

                (a)     the number, age and sex of the children who may be privately fostered by him;

 

                (b)     the standard of the accommodation and equipment to be provided for them;

 

                (c)     the arrangements to be made with respect to their health and welfare;

 

                (d)     the giving of particulars of the person for the time being in charge of them;

 

                (e)     the number, qualifications or experience of the persons employed in looking after the children; and

 

                (f)      the keeping of records.

 

                (2)     A requirement under paragraph (1) may be limited to a particular child or class of child and (except in the case of a requirement imposed under sub-paragraph (a) of that paragraph) may be limited by the Committee so as to apply only when the number of children maintained by the person exceeds a specified number.

 

                (3)     Where a person fosters or proposes to foster a child privately and the Committee is of the opinion that -

 

                (a)     he is not a suitable person to do so;

 

                (b)     the premises in which the child is being, or will be, accommodated are not suitable; or

 

                (c)     it would be prejudicial to the welfare of the child for him to be, or continue to be, accommodated by that person in those premises,

 

the Committee may prohibit him from maintaining any child in any premises, any child in premises specified in the prohibition, or any child identified in the prohibition in premises specified in the prohibition.

 

                (4)     The Committee may cancel a prohibition imposed under paragraph (3) of its own motion or on the application of the person to whom it is addressed if it is satisfied that it is no longer justified.

 

                (5)     Where the Committee imposes a requirement on any person under paragraph (1) it may impose a prohibition on him under paragraph (3).

 

                (6)     Any prohibition imposed by virtue of paragraph (5) shall not have effect unless the time specified for complying with the requirement has expired without it having been complied with.

 

                (7)     Any requirement or prohibition imposed under this Article shall be imposed by giving notice in writing to the person on whom it is imposed and informing him of -

 

                (a)     the reasons for the imposition;

 

                (b)     his right of appeal under Article 63; and

 

                (c)     the time within which he may appeal.

 

ARTICLE 61

 

Functions of Committee in relation to welfare of privately fostered children

 

                (1)     The Committee shall -

 

                (a)     satisfy itself that the welfare of all privately fostered children is being satisfactorily safeguarded and promoted;

 

                (b)     give such advice as to the care and maintenance of such children as it considers necessary; and

 

                (c)     arrange for such children to be visited from time to time in the interests of their welfare.

 

                (2)     Where the Committee is not satisfied that the welfare of any privately fostered child is being satisfactorily safeguarded or promoted it shall -

 

                (a)     unless it considers that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by -

 

                          (i)      a parent of his,

 

                          (ii)     any person who is not a parent of his but who has parental responsibility for him, or

 

                          (iii)    a relative of his; and

 

                (b)     consider the extent to which (if at all) it should exercise any of its functions with respect to the child.

 

                (3)     Any officer of the Committee may, subject to the production by him if so required of evidence of his authority, enter and inspect any premises in which privately fostered children are to be or are being accommodated and any children there.

 

ARTICLE 62

 

Disqualification for fostering a child privately

 

                A person shall not foster a child privately if he is disqualified for doing so by virtue of Schedule 4 unless he has disclosed the disqualification to the Committee and obtained its consent.

 

ARTICLE 63

 

Appeals

 

                (1)     Any person aggrieved by -

 

                (a)     a requirement or prohibition imposed under Article 60; or

 

                (b)     a refusal of consent under Article 62,

 

may, within 14 days from the date on which he is notified of the requirement, prohibition or refusal, appeal to the court, and, where the appeal is against such a requirement, the requirement shall not have effect while the appeal is pending.

 

                (2)     Where the court allows an appeal against a requirement or prohibition, it may, instead of cancelling the requirement or prohibition -

 

                (a)     vary the requirement or allow more time for compliance with it; or

 

                (b)     if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the Committee had power to impose under Article 60 are complied with.

 

                (3)     Any requirement or prohibition specified or substituted by the court under this Article shall be deemed for the purposes of this Part (other than this Article) to have been imposed by the Committee under Article 60.

 

ARTICLE 64

 

Extension of this Part to certain children over 16

 

                Where a child is a privately fostered child when he attains the age of 16 years, this Part shall continue to apply to him -

 

                (a)     if he is disabled and under full age; or

 

                (b)     until the earliest of the following events -

 

                          (i)      he would, apart from attaining that age, have ceased to be a privately fostered child,

 

                          (ii)     he reaches full age, or

 

                          (iii)    he lives elsewhere than with the person with whom he was living when he attained that age.

 

ARTICLE 65

 

Offences

 

                If any person -

 

                (a)     being required under any provision of this Part, to give any notice or information -

 

                          (i)      fails without reasonable excuse to give the notice within the time there specified,

 

                          (ii)     fails without reasonable excuse to give the information within a reasonable time, or

 

                          (iii)    makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular;

 

                (b)     refuses to allow a duly authorized officer of the Committee to visit a privately fostered child or intentionally obstructs such an officer in the exercise of any power conferred on him by Article 61(3);

 

                (c)     fails without reasonable excuse to comply with any requirement imposed by the Committee under this Part or accommodates a privately fostered child in any premises in contravention of a prohibition so imposed;

 

                (d)     contravenes Article 62; or

 

                (e)     directly or indirectly insures the life of any privately fostered child maintained by him,

 

he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[35]

 

PART 9

 

MISCELLANEOUS AND GENERAL

 

ARTICLE 66

 

Effect and duration of orders

 

                (1)     The making of a residence order with respect to a child who is the subject of a care order discharges the care order.

 

                (2)     The making of a care order with respect to a child who is the subject of         any Article 10 order or a supervision order discharges that other order.

 

                (3)     Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.

 

                (4)     Any -

 

                (a)     order made under Article 5(1) or (2) or 7(1);

 

                (b)     agreement under Article 5;

 

                (c)     appointment under Article 7(3) or (4); or

 

                (d)     care order other than an interim order,

 

shall continue in force until the child reaches full age, unless it is brought to an end earlier.

 

                (5)     An order under Schedule 1 has effect as specified in that Schedule.

 

                (6)     An Article 10 order shall, if it would otherwise still be in force, cease to have effect when the child reaches full age, unless it is to have effect beyond that age by virtue of Article 11(6)(a).

 

                (7)     Any order made under any other provision of this Law in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches full age.

 

                (8)     On disposing of any application for an order under this Law, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Law of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court.

 

                (9)     Where an application (“the previous application”) has been made for -

 

                (a)     the discharge of a care order or supervision order;

 

                (b)     the substitution of a supervision order for a care order; or

 

                (c)     a child assessment order,

 

no further application of a kind mentioned in paragraphs (a) to (c) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds 6 months.

 

                (10)   Paragraph (9) does not apply to applications made in relation to interim orders.

 

                (11)   Where an application for an order under Article 27 has been refused, no further application may be made with respect to the same child within six months of such refusal without leave of the court.

 

ARTICLE 67

 

Rules of Court

 

                (1)     Rules of Court may be made by the Superior Number of the Royal Court, with the advice and assistance of the Rules Committee, to give effect to this Law, any enactment made under this Law or any amendment made by this Law to any other enactment.

 

                (2)     Rules of Court made under this Article may, in particular, make provision -

 

                (a)     with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);

 

                (b)     as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;

 

                (c)     with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;

 

                (d)     with respect to preliminary hearings;

 

                (e)     for the service outside the Island in such circumstances and in such manner as may be prescribed, of any notice of proceedings in the court;

 

                (f)      enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings; and

 

                (g)     authorizing the Judicial Greffier to discharge the functions of the court with respect to such relevant proceedings as may be prescribed.

 

                (3)     In paragraph (2) -

 

                          “notice of proceedings” means a summons or such other notice of proceedings as is required; and “given” in relation to a summons, means “served”; and

 

                          “relevant proceedings” means any application made, or proceedings brought, under any of the provisions mentioned in paragraph (1) and any part of such proceedings.

 

                (4)     This Article and any other power in this Law to make Rules of Court are not to be taken as in any way limiting any other power of the Superior Number of the Royal Court to make Rules of Court.

 

ARTICLE 68

 

Appeals

 

                (1)     Subject to any express provisions to the contrary made by or under this Law, an appeal shall lie -

 

                (a)     where the Judicial Greffier is exercising the functions of the court in accordance with Rules of Court, to the court; and

 

                (b)     in any other case, to the Court of Appeal,

 

against the making or refusal to make any order under this Law other than in relation to an interim order for periodical payments under Schedule 1.

 

                (2)     On an appeal under this Article, the court hearing the appeal may make such orders as may be necessary to give effect to its determination of the appeal, and where it makes any such order it may also make such incidental or consequential orders as appear to it to be just.

 

                (3)     Where an appeal relates to an order for the making of periodical payments, the court hearing the appeal may order that its determination of the appeal shall have effect from such date as it thinks fit to specify in the order provided that such date must not be earlier than the earliest date allowed in accordance with Rules of Court made for the purposes of this Article.

 

                (4)     Where, on an appeal under this Article in respect of an order requiring a person to make periodical payments, the court hearing the appeal reduces the amount of those payments or discharges the order -

 

                (a)     it may order the person entitled to the payments to pay to the person making them such sum in respect of payments already made as it thinks fit; and

 

                (b)     if any arrears are due under the order for periodical payments, it may remit payment of the whole, or part, of those arrears.

 

                (5)     Any order of the Court of Appeal made on an appeal under this Article (other than one directing that an application be re-heard) shall, for the purposes of the enforcement of the order and any power to vary, revive or discharge orders, be treated as if it were an order of the court.

 

ARTICLE 69

 

Attendance at court of person with parental responsibility for child who is the subject of proceedings under Part 4

 

                Where a child is the subject of an application for a care or supervision order under Part 4, any person who has parental responsibility for him may be required to attend court during all the stages of the proceedings, and any such person shall be so required at any stage where the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance.

 

ARTICLE 70

 

Attendance at court of child at hearing under Parts 2, 4 or 5

 

                (1)     In any proceedings in which the court is hearing an application for an order under Part 2, 4 or 5, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order.

 

                (2)     The power conferred by paragraph (1) shall be exercised in accordance with Rules of Court.

 

                (3)     Where an order under paragraph (1) has not been complied with or the court has reasonable cause to believe that it will not be complied with, the court may make an order -

 

                (a)     authorizing a police officer or such other person as may be specified in the order -

 

                          (i)      to take charge of the child and to bring him to the court, and

 

                          (ii)     to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises;

 

                (b)     requiring any person who is in a position to do so to bring the child to the court; or

 

                (c)     requiring a person to disclose to the court any information which it has reason to believe he has concerning the whereabouts of the child.

 

ARTICLE 71

 

Evidence given by, or with respect to, children

 

                (1)     Where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an oath, the court may hear his evidence if it considers that -

 

                (a)     he understands that it is his duty to speak the truth; and

 

                (b)     he has sufficient understanding to justify his evidence being heard.

 

                (2)     The Superior Number of the Royal Court may, by Rules of Court, make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay with respect to -

 

                (a)     civil proceedings in general or such civil proceedings, or class of civil proceedings, as may be prescribed; and

 

                (b)     evidence in connection with the upbringing, maintenance or welfare of a child.

 

                (3)     Rules of Court under paragraph (2) -

 

                (a)     may, in particular, provide for the admissibility of statements which are made orally or in a prescribed form or which are recorded by any prescribed method of recording;

 

                (b)     may make different provision for different purposes;

 

                (c)     may make such amendments and repeals in any enactment relating to evidence (other than this Law) as the Superior Number considers necessary or expedient in consequence of the provision made by the Rules.

 

ARTICLE 72

 

Power of court to order scientific tests in cases of disputed parentage

 

                (1)     For the purpose of any proceedings in which the parentage of a child falls to be determined, the court may, on an application by any party to the proceedings, give a direction -

 

                (a)     for the use of scientific tests for the purpose of facilitating such determination; and

 

                (b)     for the taking of bodily samples from the child, any person alleged to be a parent of the child and any other party to the proceedings,

 

and the court may at any time revoke or vary a direction previously given by it under this paragraph.

 

                (2)     The person responsible for carrying out scientific tests in pursuance of a direction under paragraph (1) shall report to the court -

 

                (a)     the results of the tests;

 

                (b)     whether any person to whom the report relates is or is not excluded by the results from being a parent of the child; and

 

                (c)     in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is a parent of the child.

 

                (3)     Rules of Court may make further provision with respect to a direction or report given under this Article.

 

                (4)     The costs of taking and testing bodily samples and reporting to the court in pursuance of this Article shall be paid by the party requesting the direction but the amount paid shall be treated as costs incurred by him in the proceedings.

 

                (5)     A bodily sample which is required to be taken from any person for the purpose of giving effect to a direction under paragraph (1) -

 

                (a)     in the case of a person over the age of 16 years of full mental capacity, shall only be taken with his consent;

 

                (b)     in the case of a child under the age of 16 years, shall only be taken with the consent of a person who has parental responsibility for him; and

 

                (c)     in the case of a person suffering from a mental disorder and incapable of understanding the nature and purpose of scientific tests, shall only be taken -

 

                          (i)      with the consent of his nearest relative or, if that person has been the subject of a guardianship application, the person named in that application as guardian, and

 

                          (ii)     if the responsible medical officer has certified that the taken of a bodily sample from him will not be prejudicial to his proper care and treatment.

 

                (6)     Where the court considers that a person with parental responsibility for a child or a nearest relative is unreasonably withholding consent under paragraph (5)(b) or (c) as the case may be, it may dispense with the need for that consent.

 

                (7)     Where the court gives a direction under paragraph (1) and a person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.

 

                (8)     Where any person named in a direction under paragraph (1) fails to consent to the taking of a bodily sample from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this Article to have failed to take a step required of him for the purpose of giving effect to the direction.

 

                (9)     A person who, for the purpose of providing a bodily sample for a test required under paragraph (1), personates another or proffers a child knowing that it is not the child named in the direction shall be guilty of an offence and liable to a fine or to imprisonment for a term not exceeding two years, or both.

 

                (10)   In this Article -

 

                          “bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

 

                          “excluded” means excluded subject to the occurrence of mutation;

 

                          “guardianship application”, “mental disorder”, “nearest relative” and “responsible medical officer” shall have the same respective meanings as in the Mental Health (Jersey) Law 1969;[36]

 

                          “scientific tests” means scientific tests carried out under this Article and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

 

ARTICLE 73

 

Privacy for children involved in certain proceedings

 

                (1)     Without prejudice to any other rule-making power or power of the court to sit in private, Rules of Court may make provision for the court to sit in private in proceedings in which any powers under this Law may be exercised by the court with respect to any child.

 

                (2)     Any person who publishes any material which is intended, or likely, to identify -

 

                (a)     any child as being concerned in any proceedings before any court either as being a child against or in respect of whom the proceedings are taken or as being a witness in those proceedings; or

 

                (b)     an address or school as being that of a child involved in any such proceedings,

 

except in so far (if at all) as the court hearing those proceedings, having regard to the interest of justice and the welfare of the child concerned, directs, shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.[37]

 

                (3)     In any proceedings for an offence under this Article it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

 

                (4)     For the purposes of this Article -

 

                          “publish” includes -

 

                          (a)     include within a programme service; or

 

                          (b)     cause to be published; and

 

                          “material” includes any picture or representation.

 

ARTICLE 74

 

Self-incrimination

 

                (1)     In any proceedings in which a court is hearing an application for an order under Part 4 or 5, no person shall be excused from -

 

                (a)     giving evidence on any matter; or

 

                (b)     answering any question put to him in the course of his giving evidence,

 

on the ground that doing so might incriminate him or his spouse of an offence.

 

                (2)     A statement or admission made in such proceedings shall not be admissible in evidence against the person making it or his spouse in proceedings for an offence other than perjury.

 

ARTICLE 75

 

Representation and assistance for children

 

                (1)     Where it considers it desirable in the interests of a child to do so the court may order -

 

                (a)     that he be separately represented in such proceedings under this Law as the court may specify; or

 

                (b)     that he be assisted and befriended by such person, being a person independent from the Committee, as the court may specify.

 

                (2)     Where a child is empowered to bring any proceedings under this Law -

 

                (a)     he may not do so without leave of the court and the court may only grant leave if it is satisfied that the child has sufficient understanding to bring those proceedings; and

 

                (b)     he may only act through a guardian ad litem appointed by the court.

 

                (3)     Without prejudice to any other power of the court to make an order for costs against any party to proceedings, where a child has been granted legal representation under a legal aid certificate for any proceedings under this Law, the court may order that the costs of such representation be paid -

 

                (a)     out of public funds; or

 

                (b)     where he has been given an opportunity to be heard on the question of costs, by any person with parental responsibility for the child who is not a party to the proceedings.

 

                (4)     The amount of costs that the court has ordered to be paid under paragraph (1) shall be determined in accordance with Rules of Court made under the Royal Court (Jersey) Law 1948[38] and where the costs are to be paid out of public funds, such amount shall be paid from the annual income of the States.

 

ARTICLE 76

 

Restriction on court’s inherent jurisdiction

 

                The court shall not exercise its inherent jurisdiction with respect to children -

 

                (a)     so as to require a child to be placed in care or put under the supervision of the Committee;

 

                (b)     so as to require a child to be accommodated by or on behalf of the Committee; or

 

                (c)     for the purpose of conferring on the Committee power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

 

ARTICLE 77

 

Effect of orders as between the Island and any other part of the British Islands

 

                (1)     An order made by a court in any other part of the British Islands which is of a class of orders that the Committee has, by Order, designated as corresponding in effect to such an order which may be made under this Law as may be specified in the Order, shall have effect for the purposes of this Law in the Island as if it had been made under the corresponding provision of this Law.

 

                (2)     Where a child who is in the care of the Committee is lawfully taken to live in any other part of the British Islands, the care order in question shall cease to have effect if -

 

                (a)     the court has given its approval under paragraph 4(1)(a) of Schedule 2 to the Committee arranging or assisting in arranging for the child to live in another part of the British Islands;

 

                (b)     the local authority in whose area the child has been taken to live has notified the court in writing that it agrees to receive the child into its care; and

 

                (c)     the Committee has notified the court that it agrees to that local authority receiving the child into its care.

 

                (3)     In this Article “local authority” has the same meaning as in paragraph 9(4) of Schedule 2.

 

ARTICLE 78

 

Warrants

 

                (1)     Where, on an application made by any person, it appears to the Bailiff that a person has been, or is likely to be, prevented from exercising his powers under -

 

                (a)     Articles 43, 53, 57 or 61;

 

                (b)     paragraph 6(1)(b) and (2)(b) of Schedule 3;

 

                (c)     Article 24 of the Adoption (Jersey) Law 1961;[39] or

 

                (d)     Article 11 of the Day Care of Children (Jersey) Law 2002,[40]

 

by being refused entry to the premises concerned or refused access to the child concerned, he may issue a warrant authorizing any police officer, at any time or times within one month from the date of that warrant, to assist the person named in the warrant in the exercise of his powers, using reasonable force if necessary.

 

                (2)     Every warrant issued under this Article shall be addressed to, and executed by, a police officer who shall be accompanied by -

 

                (a)     if the Bailiff does not direct otherwise, the person applying for the warrant if that person so desires; and

 

                (b)     if the Bailiff so directs, a registered medical practitioner or such other person as the Bailiff may specify.

 

                (3)     The person named in the warrant shall immediately inform the Connétable or a Centenier of the parish in which the premises are situated of the details of the warrant and thereafter may exercise his powers under the warrant at any time during its currency.

 

                (4)     An application for a warrant under this Article shall be made in the manner and form prescribed.

 

                (5)     The application and any warrant granted on the application shall, where it is reasonably practical to do so, name the child, and where it does not name him it shall describe him as clearly as possible.

 

ARTICLE 79

 

Limitation of defence of reasonable corporal punishment

 

                (1)     Any defence of reasonable corporal punishment of a child shall only be available to a person who was at the time of the punishment-

 

                (a)     a person with parental responsibility for the child; or

 

                (b)     a person without parental responsibility for the child who -

 

                          (i)      is the father or relative of the child;

 

                          (ii)     had care of the child; and

 

                          (iii)    had the consent of a person with parental responsibility for the child to administer such punishment.

 

                (2)     Any defence of reasonable corporal punishment of a child shall not be available if the punishment involved any means other than the use of a hand.

 

ARTICLE 80

 

Offences by bodies corporate

 

                Where an offence under this Law which is committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 

ARTICLE 81

 

Regulations and Orders

 

                (1)     Any Regulations or Order made under this Law may -

 

                (a)     make different provision in relation to different cases or circumstances;

 

                (b)     provide for exemptions from any of its provisions; and

 

                (c)     contain such incidental, supplemental and transitional provisions as appear to the States or the Committee, as the case may be, to be necessary or expedient for the purposes of the Regulations or Order.

 

                (2)     The Subordinate Legislation (Jersey) Law 1960[41] shall apply to Orders made under this Law.

 

ARTICLE 82

 

Transitional provisions, savings, amendments and repeals

 

                (1)     The transitional provisions and savings contained in Schedule 5 shall have effect.

 

                (2)     The enactments specified in Schedule 6 shall be amended in accordance with that Schedule.

 

                (3)     The Customary law action for pension alimentaire is abolished.

 

                (4)     The following Laws are repealed -

 

                (a)     the Children (Jersey) Law 1969;[42]

 

                (b)     the Children (Amendment) (Jersey) Law 1972;[43]

 

                (c)     the Children (Amendment No. 2) (Jersey) Law 1974;[44]

 

                (d)     the Children (Amendment No. 3) (Jersey) Law 1978;[45]

 

                (e)     the Children (Amendment No. 4) (Jersey) Law 1986;[46]

 

                (f)      the Children (Amendment No. 5) (Jersey) Law 1996;[47] and

 

                (g)     the Affiliation Proceedings (Prescription) (Jersey) Law 1999.[48]

 

                (5)     The States may by Regulations make such amendments or repeals, in such enactments as may be specified in the Regulations, as they consider necessary or expedient in connection with, or in consequence of, any provision of this Law.

 

ARTICLE 83

 

Citation and commencement

 

                (1)     This Law may be cited as the Children (Jersey) Law 2002.

 

                (2)     This Law shall come into force on such day as the States may by Act appoint and different days may be appointed for different purposes or different provisions of this Law and in relation to different cases.

 

                                                                                            C.M. NEWCOMBE

 

Greffier of the States.


SCHEDULE 1

 

(Article 15)

 

FINANCIAL PROVISION FOR CHILDREN

 

Orders for financial relief against parents

 

                1.-(1)  On an application made by a parent or guardian of a child, or by any person in whose favour a residence order is in force with respect to the child, the court may at any time make an order requiring one or more of the following -

 

                (a)     either or both parents of a child -

 

                          (i)      to make such periodical payments and for such term,

 

                          (ii)     to secure such periodical payments and for such term,

 

                          (iii)    to pay such lump sum, and

 

                          (iv)    to transfer such property to which the parent is or the parents are entitled,

 

                          as may be specified in the order to the applicant for the benefit of the child or to the child himself; and

 

                (b)     a settlement to be made for the benefit of the child and to the satisfaction of the court of property to which either parent is entitled and which is specified in the order.

 

                (2)     An order under sub-paragraph (1)(a)(i) or (ii) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

 

                (3)     Where the court makes an order under this paragraph -

 

                (a)     it may at any time make a further such order under sub-paragraph (1)(a)(i), (ii) or (iii) with respect to the child concerned if he has not reached full age; and

 

                (b)     it may not make more than one order under sub-paragraph (1)(a)(iv) or (b) against the same person in respect of the same child.

 

                (4)     On making, varying or discharging a residence order the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule.

 

Orders for financial relief for persons over 16 years

 

                2.-(1)  If, on an application made with leave of the court by a person who has reached the age of 16, it appears to the court -

 

                (a)     that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

 

                (b)     that there are special circumstances which justify the making of an order under this paragraph,

 

the court may at any time make an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term as may be so specified, such lump sum as may be so specified or both periodical payments and a lump sum.

 

                (2)     An order for periodical payments under sub-paragraph (1) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

 

                (3)     Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.

 

Duration of orders for financial relief

 

                3.-(1)  The term to be specified in an order for periodical payments made under paragraph 1(1)(a)(i) or (ii) in favour of a child may begin with the date of the making of an application for the order in question or any later date but -

 

                (a)     shall not in the first instance extend beyond the child’s seventeenth birthday unless the court thinks it right in the circumstances of the case to specify a later date; and

 

                (b)     shall not in any event extend beyond the child’s eighteenth birthday.

 

                (2)     Sub-paragraph (1)(b) shall not apply in the case of a child if it appears to the court that -

 

                (a)     the child is, or will be or (if an order were made without complying with that paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

 

                (b)     there are special circumstances which justify the making of an order without complying with that paragraph.

 

                (3)     An order for periodical payments shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

 

                (4)     Where an order is made under paragraph 1(1)(a)(i) or (ii) requiring periodical payments to be made or secured to the parent of a child, the order shall cease to have effect if the parent making or securing the payments and the parent receiving such payments have lived together for more than six months.

 

Matters to which court is to have regard in making orders for financial relief

 

                4.-(1)  In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances including -

 

                (a)     the income, earning capacity, property and other financial resources which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;

 

                (b)     the financial needs, obligations and responsibilities which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future;

 

                (c)     the financial needs of the child;

 

                (d)     the income, earning capacity (if any), property and other financial resources of the child;

 

                (e)     any physical or mental disability of the child; and

 

                (f)      the manner in which the child was being, or was expected to be, educated or trained.

 

                (2)     In deciding whether to exercise its powers under paragraph 1 against a person who is not the mother or father of the child, and if so in what manner, the court shall in addition have regard to -

 

                (a)     whether that person had assumed responsibility for the maintenance of the child and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility;

 

                (b)     whether he did so knowing that the child was not his child; and

 

                (c)     the liability of any other person to maintain the child.

 

                (3)     Where the court makes an order under paragraph 1 against a person who is not the father of the child, it shall record in the order that the order is made on the basis that the person against whom the order is made is not the child’s father.

 

                (4)     The persons mentioned in sub-paragraph (1) are -

 

                (a)     in relation to a decision whether to exercise its powers under paragraph 1, any parent of the child;

 

                (b)     in relation to a decision whether to exercise its powers under paragraph 2, the mother and father of the child;

 

                (c)     the applicant for the order; and

 

                (d)     any other person in whose favour the court proposes to make the order.

 

Provisions relating to lump sums

 

                5.-(1)  Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred before the making of the order to be met which were incurred in connection with the birth of the child or in maintaining him.

 

                (2)     The power of the court under paragraph 1 -

 

                (a)     to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent; and

 

                (b)     for the payment of a lump sum may provide for the payment of that sum by instalments.

 

                (3)     Where the court provides for the payment of a lump sum by instalments, the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying the number and amount of any instalments payable and the date on which any instalment becomes payable.

 

Exercise of powers to make orders for periodical payments

 

                6.-(1)  In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order.

 

                (2)     The power of the court under paragraph 1 or 2 to vary an order for the making or securing of periodical payments shall include power to suspend any provision of the order temporarily and to revive any provision so suspended.

 

                (3)     Where on an application under paragraph 1 or 2 for the variation or discharge of an order for the making or securing of periodical payments the court varies the payments required to be made under that order, the court may provide that the payments as so varied shall be made from such date as the court may specify, not being earlier than the date of the making of the application.

 

                (4)     An application for the variation of an order made under paragraph 1 for the making or securing of periodical payments to or for the benefit of a child may, if the child has reached the age of 16, be made by the child himself.

 

                (5)     Where an order for the making or securing of periodical payments under paragraph 1 ceases to have effect on the date on which the child reaches the age of 16, or at any time after that date but before or on the date on which he reaches full age, the child may apply to the court which made the order for an order for its revival or revival and variation in accordance with sub-paragraph (6).

 

                (6)     If on an application under sub-paragraph (5) it appears to the court that -

 

                (a)     the child is, will be or (if an order were made under this sub-paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not in gainful employment; or

 

                (b)     there are special circumstances which justify the making of an order under this paragraph,

 

the court shall have power by order to revive the order or revive and vary it so that it is made against a parent other than the parent against whom it is made, from such date as the court may specify, not being earlier than the date of the making of the application.

 

                (7)     Any order which is revived or revived and varied by an order under sub-paragraph (5) may be varied or discharged under that provision, on the application of any person by whom or to whom payments are required to be made under the revived or revived and varied order.

 

                (8)     An order for the making or securing of periodical payments made under paragraph 1 may be varied or discharged, after the death of either parent, on the application of a guardian of the child concerned.

 

Financial relief under other enactments

 

                7.-(1)  This paragraph applies where a residence order is made with respect to a child at a time when there is in force an order (“the financial relief order”) made under any enactment other than this Law and requiring a person to contribute to the child’s maintenance.

 

                (2)     Where this paragraph applies, the court may, on the application of -

 

                (a)     any person required by the financial relief order to contribute to the child’s maintenance; or

 

                (b)     any person in whose favour a residence order with respect to the child is in force,

 

make an order revoking the financial relief order, or varying it by altering the amount of any sum payable under that order or by substituting the applicant for the person to whom any such sum is otherwise payable under that order.

 

Interim orders

 

                8.-(1)  Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order -

 

                (a)     requiring either or both parents to make such periodical payments, at such times and for such term as the court thinks fit; and

 

                (b)     giving any direction which the court thinks fit.

 

                (2)     An interim order made under this paragraph -

 

                (a)     may provide for payments to be made from such date as the court may specify, not being earlier than the date of the making of the application under paragraph 1 or 2; and

 

                (b)     shall cease to have effect when the application is disposed of or, if earlier, on the date specified for the purposes of this paragraph in the interim order.

 

                (3)     An interim order in which a date has been specified for the purposes of sub-paragraph (2)(b) may be varied by substituting a later date.

 

Alteration of maintenance agreements

 

                9.-(1)  An application to the court for the alteration of a maintenance agreement which is for the time being subsisting may, where both parties to the agreement are for the time being domiciled or resident in the Island, be made by either party.

 

                (2)     The court may, if it is satisfied that -

 

                (a)     by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made (including a change foreseen by the parties when making the arrangement), the agreement should be altered so as to make different financial arrangements; or

 

                (b)     the agreement does not contain proper financial arrangements with respect to the child,

 

by order make such alterations in the agreement by varying or revoking any financial arrangements contained in it as may appear to it to be just having regard to all the circumstances.

 

                (3)     Where a maintenance agreement is altered by an order under this paragraph it shall have effect thereafter as if the alteration had been made by agreement between the parties and for cause.

 

                (4)     Where the court decides to make an order under this paragraph altering a maintenance agreement by -

 

                (a)     inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the child; or

 

                (b)     increasing the rate of periodical payments required to be made or secured by one of the parties for the maintenance of the child,

 

it shall apply the provisions of paragraph 3(1) or (2) in determining the term for which the payments or additional payments are to be made or secured, as if the order were an order under paragraph 1(1)(a)(i) or (ii).

 

                (5)     Nothing in this paragraph shall affect any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment to make an order concerning financial arrangements or any right of either party to apply for such an order in such proceedings.

 

                (6)     In this paragraph -

 

“financial arrangements” means provision with respect to the making or securing of payments, or the disposition or use of any property, for the maintenance or education of a child; and

 

“maintenance agreement” means any financial arrangements made in writing between the father and mother of a child with respect to a child of theirs, whether before or after the commencement of this paragraph.

 

Notification of change of address

 

10.-(1)  Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by the court under this Law shall give notice of any change of address to such person (if any) as may be specified in the order.

 

(2)     Any person failing without reasonable excuse to give such notice shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.[49]

 

Financial provision for child resident outside the Island

 

                11.-(1)  Where one parent of a child lives in the Island and the child lives outside the Island with another parent, a guardian or a person in whose favour a residence order is in force with respect to the child, the court shall have power, on an application made by the person with whom the child lives, to make one or both of the orders mentioned under paragraph 1(1)(a)(i) or (ii) against the parent living in the Island.

 

                (2)     Any reference in this Law to the powers of the court under paragraph 1(1) or to an order made under that sub-paragraph shall include a reference to the powers which the court has or to an order made by virtue of sub-paragraph (1) of this paragraph.

 

Contribution to child’s maintenance by Committee

 

                12.     Where a child lives, or is to live, with a person as the result of a residence order who is not his parent or married to his parent, the Committee may make contributions to that person towards the cost of the accommodation and maintenance of the child.

 

Interpretation

 

                13.     In this Schedule -

 

                (a)     “child” includes any person in relation to whom an application is made under paragraph 2 or 6; and

 

                (b)     except in paragraphs 2 and 12, “parent” includes any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and any reference to either parent or both parents shall be construed as references to any parent of his and to all of his parents.


SCHEDULE 2

 

(Article 20)

 

COMMITTEE SUPPORT FOR CHILDREN AND FAMILIES

 

PART 1

 

ARRANGEMENTS FOR CHILDREN LOOKED AFTER BY COMMITTEE

 

Regulations

 

                1.-(1)  Regulations under Article 20(1)(a) may, in particular, make provision -

 

                (a)     with regard to the welfare of children placed with Committee foster parents;

 

                (b)     as to the arrangements to be made by the Committee in connection with the health and education of such children;

 

                (c)     as to the records to be kept by the Committee;

 

                (d)     for securing that a child is not placed with a Committee foster parent unless that person is for the time being approved by the Committee;

 

                (e)     for securing that where possible the Committee foster parent with whom a child is to be placed is -

 

                          (i)      of the same religious persuasion as the child, or

 

                          (ii)     gives an undertaking that the child will be brought up in that religious persuasion;

 

                (f)      for securing that children placed with Committee foster parents, and the premises in which they are accommodated, will be supervised and inspected by the Committee and that the children will be removed from those premises if their welfare appears to require it; and

 

                (g)     as to the circumstances in which the Committee may make arrangements for duties imposed on them by the Regulations to be discharged on their behalf.

 

                (2)     Regulations under Article 20(1)(c) may, in particular, make provision as to -

 

                (a)     the persons to be notified of any proposed arrangements;

 

                (b)     the opportunities such persons are to have to make representations in relation to the arrangements proposed;

 

                (c)     the persons to be notified of any proposed changes in arrangements;

 

                (d)     the records to be kept by the Committee; and

 

                (e)     the supervision by the Committee of any arrangements made.

 

                (3)     Regulations under Article 20(2) may, in particular, impose requirements on the Committee as to -

 

                (a)     the making of any decision by the Committee to allow a child to live with any person described in Article 20(2)(a) or (c) (including requirements as to those who must be consulted before the decision is made, and those who must be notified when it has been made);

 

                (b)     the supervision or medical examination of the child concerned;

 

                (c)     the removal of the child, in such circumstances as the Regulations may prescribe, from the care of the person with whom he has been allowed to live; and

 

                (d)     the records to be kept by the Committee.

 

Promotion and maintenance of contact between child and family

 

                2.-(1)  Where a child is being looked after by the Committee, the Committee shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and -

 

                (a)     his parents;

 

                (b)     any person who is not a parent but who has parental responsibility for him; and

 

                (c)     any relative, friend or other person connected with him.

 

                (2)     Where a child is being looked after by the Committee -

 

                (a)     the Committee shall take such steps as are reasonably practicable to secure that his parents and any other person other than a parent who has parental responsibility for him are kept informed of where he is being accommodated; and

 

                (b)     every such person shall secure that the Committee are kept informed of his address.

 

                (3)     Nothing in this paragraph requires the Committee to inform any person of the whereabouts of a child if the child is in the care of the Committee and the Committee has reasonable cause to believe that informing the person would prejudice the child’s welfare.

 

                (4)     Any person who, without reasonable excuse, fails to comply with sub-paragraph (2)(b) shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale[50] unless he proves that -

 

                (a)     he was residing at the same address as another person who was the child’s parent or had parental responsibility for the child; and

 

                (b)     he had reasonable cause to believe that the other person had informed the Committee that both of them were residing at that address.

 

Appointment of visitor for child who is not being visited

 

                3.-(1)  Where it appears to the Committee in relation to any child it is looking after that -

 

                (a)     communication between the child and a parent or person other than a parent who has parental responsibility for him has been infrequent; or

 

                (b)     he has not visited, been visited by or lived with any such person during the preceding 12 months,

 

and that it would be in the child’s best interests for an independent person to be appointed to be his visitor for the purposes of this paragraph, it shall appoint such a visitor.

 

                (2)     A person so appointed shall -

 

                (a)     have the duty of visiting, advising and befriending the child; and

 

                (b)     be entitled to recover from the Committee any reasonable expenses incurred by him for the purposes of his functions under this paragraph.

 

                (3)     A person’s appointment as a visitor in pursuance of this paragraph shall be determined if -

 

                (a)     he resigns by giving notice in writing to the Committee; or

 

                (b)     the Committee terminates his appointment by giving him notice in writing,

 

and such determination shall not prejudice any duty under this paragraph to make further appointments.

 

                (4)     Where the Committee proposes to appoint or have appointed a visitor for a child under this paragraph, the appointment shall not be made or, if made, shall be determined if -

 

                (a)     the child objects to it or to its continuing; and

 

                (b)     the Committee is satisfied that he has sufficient understanding to make an informed decision.

 

                (5)     The States may make Regulations as to the circumstances in which a person appointed as a visitor under this paragraph is to be regarded as independent of the Committee.

 

Arrangements to assist children to live outside the Island

 

                4.-(1)  The Committee may -

 

                (a)     with the approval of the court arrange for, or assist in arranging for, any child in its care to live outside the Island; and

 

                (b)     with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any child not in the care of the Committee but looked after by it to live outside the Island.

 

                (2)     The court shall not give its approval under sub-paragraph (1)(a) unless it is satisfied that -

 

                (a)     it would be in the child’s best interests to live outside the Island;

 

                (b)     suitable arrangements have been, or will be, made for his reception and welfare in the country in which he will live;

 

                (c)     the child has consented to living in that country except where -

 

                          (i)      the court is satisfied that he does not have sufficient understanding to give or withhold his consent, and

 

                          (ii)     he is to live in the country concerned with a parent, guardian or other suitable person; and

 

                (d)     every person who has parental responsibility for the child has consented to his living in that country except for a person whom the court is satisfied cannot be found, is incapable of consenting or is withholding his consent unreasonably.

 

                (3)     Article 31 of the Adoption (Jersey) Law 1961[51] (which restricts the removal of infants for adoption outside the British Islands) shall not apply in the case of any child who is to live outside the British Islands with the approval of the court given under this paragraph.

 

                (4)     Where the court gives its approval under this paragraph it may order that its decision is not to have effect -

 

                (a)     where an appeal is made against the decision, during the period between the making of the decision and the determination of the appeal; and

 

                (b)     otherwise, during the period in which an appeal may be made against the decision.

 

Death of children being looked after by the Committee

 

                5.-(1)  Where a child who is being looked after by the Committee dies, the Committee -

 

                (a)     shall, so far as is reasonably practicable, notify the child’s parents and every person who is not a parent of his but who has parental responsibility for him; and

 

                (b)     may, with the consent, so far as it is reasonably practicable to obtain it, of every person who has parental responsibility for the child arrange for the child’s body to be buried, or, provided it accords with the practice of the child’s religious persuasion, cremated.

 

                (2)     Where the Committee has exercised its power under sub-paragraph (1)(b) with respect to a child who was under 16 when he died, it may recover from any parent of the child any expenses incurred by it and any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable as a civil debt.

 

                (3)     Nothing in this paragraph affects any enactment regulating or authorizing the burial, cremation or anatomical examination of the body of a deceased person.