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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 103



103.(1) Where it appears to [the Ministry of Home Affairs] with respect to a
child ... appearing to them to be under the age of seventeen

(a)that he has neither parent nor guardian or has been and remains abandoned
by his parents or guardian or is lost; or

(b)that his parents or guardian are, for the time being or permanently,
prevented by reason of mental or bodily disease or infirmity or other
incapacity or any other circumstances from providing for his proper
accommodation, maintenance and upbringing;

(2) Where [the Ministry of Home Affairs] have received a child into their care
under this section, it shall, subject to the provisions of this Part, be their
duty to keep the child in their care so long as the welfare of the child
appears to them to require it and the child has not attained the age of
eighteen.

(3) Nothing in this section shall authorise [the Ministry of Home Affairs] to
keep a child in their care under this section if his parent or guardian
desires to take over the care of the child, and [the Ministry] shall, in all
cases where it appears to them consistent with the welfare of the child so to
do, endeavour to secure that the care of the child is taken over either:

(a)by a parent or guardian of his; or

(b)by a relative or friend of his, being, where possible, a person of the same
religious persuasion as the child or who gives an undertaking that the child
will be brought up in that religious persuasion.

Subs.(4)(5) rep. by 1972 NI 14 art.109(3) sch.18

(6) Where under section 89 a child is under the supervision of the managers of
a training school and it appears to the managers that the child has no home or
that his home is unsatisfactory, then, with the consent of the managers, [the
Ministry of Home Affairs] may (without prejudice to the other provisions of
this section, if those provisions apply) receive the child into their care;
and when they do so

(a)the provisions of so much of subsection (3) as requires [the Ministry] to
endeavour to secure that the care of a child is taken over by a parent,
guardian, relative or friend, [... PS0800shall not applyPS1000]; and

(b)the child shall not, for the purposes of this Act, be deemed to have ceased
to be under the care of the managers of the school.


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© 1968 Crown Copyright

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