CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968

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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 1



1.(1) Subject to the succeeding provisions of this Part, a person who intends
to hand over any child to whom this section applies to another person with a
view to the care and maintenance of the child by that other person (whether
with a view to adoption or not) shall, except as provided in subsection (4) or
(5), serve in accordance with subsection (1) of section 2 on [the Ministry of
Home Affairs] ... a notice containing the particulars required by subsection
(2) of that section.

(2) Subject to the succeeding provisions of this Part, a person shall not
undertake (whether for reward or not, and whether with a view to adoption or
not) the care and maintenance of any child to whom this section applies apart
from any parent or legal guardian of the child's unless

(a)except as provided in subsection (4) or (5), he serves on [the Ministry of
Home Affairs] ..., in accordance with subsection (1) of section 2, notice of
his intention to do so containing the particulars required by subsection (2)
of that section; and

(b)he has obtained the written consent of [the Ministry of Home Affairs] in
respect of each child whose care and maintenance he intends to undertake.

(3) [The Ministry of Home Affairs] shall not withhold their consent under
subsection (2)(b) in respect of any child unless they are of the opinion that
he is about to be received (or, in a case of emergency, has been received)

(a)by a person who is unfit or unsuitable or, having regard to the period
during which he is likely to be cared for and maintained by that person, is
likely to be unfit or unsuitable to have his care; or

(b)in premises or an environment detrimental to him, or likely to be
detrimental to him having regard to the period during which he is likely to
remain there;

(4) Subsections (1) and (2) shall not have effect so as to require the parent
or legal guardian of a child, or, as the case may be, the person receiving a
child, to serve the notice mentioned therein in any case where a notice
containing the particulars applicable to a notice under subsection (1) is
served on [the Ministry of Home Affairs] by a registered adoption society
within the period applicable under section 2(1); nor shall they apply in any
case where arrangements for the placing of a child for care and maintenance
are made by [the Ministry].

(5) A person shall not be required to serve the notice mentioned in subsection
(1) or (2) with respect to a child whom he intends to hand over to another for
any period or, as the case may be, whose care and maintenance he proposes to
undertake for any period, if

(a)the child is of compulsory school age and the period is a period not
exceeding one month during the whole of which the child will be lawfully
absent from a school at which he is a registered pupil; or

(b)a parent or guardian with whom the child resides is receiving medical
treatment away from his home and the child's care and maintenance is to be
undertaken by a person with whom the parent or guardian is well acquainted and
in accordance with arrangements approved by him, and the period does not
exceed one month;

Provisions as to notices.

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Northern Irish Legislation

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 1