Children Act 2001

Referral of case to health board.

77

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—

( a) adjourn the proceedings and direct 1 [ the 1 [ Child and Family Agency ] ] to convene a family welfare conference in respect of the child 1 [ if in the Court s view it is practicable for the 1 [ Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other circumstances, ]

( b) 1 [ ]

(2) Where a family welfare conference has been held by 1 [ the 1 [ Child and Family Agency ] ] pursuant to a direction under subsection (1)(a)

( a) if 1 [ the 1 [ Child and Family Agency ] ] applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or

( b) if it decides not to apply for any such order, it shall inform the Court of—

(i) its reasons for so deciding,

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

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

(3) The Court, on being informed by 1 [ the 1 [ Child and Family Agency ] ] of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.

Annotations:

Amendments:

Modifications (not altering text):

C18

Subs. (1)(a) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 33(a), not commenced as of date of revision.

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child 1 [ or for the provision to that child of other care under the Act of 1991 (as amended by the Child Care (Amendment) Act 2011) or otherwise ], the Court may, of its own motion or on the application of any person—

( a) adjourn the proceedings and direct 1 [ the 1 [ Child and Family Agency ] ] to convene a family welfare conference in respect of the child 1 [ if in the Court s view it is practicable for the 1 [ Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other 1 [ circumstances. ] ]

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