Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 38

38 .         CEO’s duties etc. if child taken into provisional protection and care without warrant

        (1)         This section applies in relation to a child who is taken into provisional protection and care under section 37.

        (2)         If the child is not already the subject of protection proceedings when the child is taken into provisional protection and care and the CEO decides not to make a protection application or other application under this Part in respect of the child, then, unless subsection (4A) applies, the CEO must ensure that, as soon as practicable after the child is taken into provisional protection and care, the child is returned to or placed in the care of —

            (a)         a parent of the child; or

            (b)         a person who was providing day-to-day care for the child at the time the child was taken into provisional protection and care; or

            (c)         with the consent of a parent of the child, any other person.

        (3)         If the child is already the subject of protection proceedings when the child is taken into provisional protection and care, then, unless subsection (4A) applies, the CEO must —

            (a)         make an application for an interim order under section 133(2)(b) that the child is to remain in provisional protection and care; or

            (b)         ensure that the child is returned to or placed in the care of a person referred to in subsection (2)(a), (b) or (c),

                as soon as practicable, but in any event not more than 2 working days, after the child is taken into provisional protection and care.

        (4A)         If the child is already in the CEO’s care when the child is taken into provisional protection and care, the CEO may make any arrangement for the care of the child that the CEO considers appropriate.

        (4)         If the CEO decides to make a protection application or other application under this Part in respect of the child, the CEO must make the application —

            (a)         if the child is taken into provisional protection and care in a prescribed area of the State, as soon as practicable after the child is taken into provisional protection and care; or

            (b)         otherwise, as soon as practicable, but in any event not more than 2 working days, after the child is taken into provisional protection and care.

        (5)         If a protection application is made in respect of the child, the Court must endeavour to ensure that the first listing date is not more than 3 working days after the application is made.

        [Section 38 amended: No. 49 of 2010 s. 59.]