Part 2Care and protection of children and young persons
Powers to remove child or young person
39Place of safety warrants
Any District Court Judge or, if no District Court Judge is available, a Family Court Associate or any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application in writing verified in accordance with section 99 of that Act, is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.
The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).
An application for a warrant under subsection (1) may be made by a constable or the chief executive.
Any person executing a warrant to search for any child or young person may—
- enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
- if that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,—
- 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
- 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.
- 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
Where any direction is issued pursuant to subsection (3)(b)(ii) 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 7(1)–(3)
Notes
- Section 39(1): amended, on , by section 77 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
- Section 39(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
- Section 39(1): amended, on , by section 207(1) of the Search and Surveillance Act 2012 (2012 No 24).
- Section 39(1A): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
- Section 39(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
- Section 39(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 39(3): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
- Section 39(3)(b)(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
- Section 39(4): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

