Section 40 — Children, Young Persons, and Their Families Act 1989: Warrant to remove child or young person

40 Warrant to remove child or young person (1) Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, any Justice or any Community Magistrate or any Registrar (not being a member of the Police), may, on application in writing made on oath, where there are reasonable grounds for believing that the child or young person is— (a) Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or (b) So seriously disturbed as to be likely— (i) To act in a manner harmful to the child or young person or any other person; or (ii) To cause serious damage to property,— issue a warrant authorising any member of the Police or a Social Worker, either by name or generally, to search for the child or young person. (2) An application for a warrant under subsection (1) of this section may be made by a member of the Police or a Social Worker. (3) The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section. (4) Any person authorised by warrant under this section to search for any child or young person may— (a) Enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place: (b) Either— (i) Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or (ii) Where the child or young person is in a hospital, direct the Medical Superintendent of that hospital to keep that child or young person in that hospital. (5) Where any direction is issued pursuant to subsection (4)(b)(ii) of this section in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section. Compare: 1974 No 72 s 28(1)-(3) Sections 39(1) and 40(1) were amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “ or any Community Magistrate ” . Subsections (4) and (5) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .