Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 247A

    (1)     On the placement in emergency care on a search warrant under section 247(1) of a child who is the subject of a therapeutic treatment application, a protective intervener must give to—

        (a)     the child's parents, unless they cannot be found after reasonable enquiries; and

        (b)     the child, if he or she is of or above the age of 12 years—

a written statement containing the prescribed information relating to the placing of children in emergency care.

    (2)     Subject to subsection (4), a child placed in emergency care on a search warrant must be brought before the Court for the hearing of an application for an interim accommodation order as soon as practicable and, in any event, within one working day after the child was placed in emergency care.

    (3)     Unless a child is brought before the Court under subsection (2) within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of an application for an interim accommodation order.

    (4)     Until a child placed in emergency care on a search warrant is brought before the Court or a bail justice for the making of an interim accommodation order, the child may only be placed—

        (a)     in an out of home care service; or

        (b)     if there is a substantial and immediate risk of harm to the child, in a secure welfare service; or

        (c)     in other accommodation approved by the Secretary in accordance with the prescribed criteria (if any).

S. 248 amended by No. 33/2018 s. 7(1)(2) (ILA s. 39B(1)).