CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 105 Duration of parental rights orders.

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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 105

Duration of parental rights orders.

105.(1) While a parental rights order made by virtue of section 104(1)(a) is
in force with respect to a child, all rights and powers which the deceased
parents would have had if they were still living shall, in respect of the
child, be vested in [the Ministry of Home Affairs] subject to such conditions
and exceptions as may be mentioned in the order.

(2) While a parental rights order made by virtue of section 104(1)(b), (c) or
(d) is in force with respect to a child, all rights and powers of the parent
or guardian shall, in respect of the child, be vested in [the Ministry of Home
Affairs] subject to such conditions and exceptions as may be mentioned in the
order, and accordingly while the order remains in force

(a)references in section 103(3) to a parent or guardian shall not include
references to a parent or guardian divested by the order of parental rights
and powers in respect of the child; and

(b)[the Ministry] shall be liable to maintain the child.

(3) A parental rights order shall not prevent [the Ministry of Home Affairs]
from allowing the child to be, either for a fixed period or until [the
Ministry] otherwise determine, under the control of a parent, guardian,
relative, next-of-kin or friend in any case where it appears to [the Ministry]
to be for the benefit of the child.

(4) Where a parental rights order is in force in respect of a child and the
child has ceased to be in the care of [the Ministry of Home Affairs] ..., then
(without prejudice to the provisions of section 103, if those provisions
apply) [the Ministry] ... shall have power to receive the child back into
their care in any circumstances in which it appears to them that their
intervention under this subsection is necessary in the interests of the
welfare of the child.

(5) Where [the Ministry of Home Affairs] receive a child into their care under
subsection (4), the provisions of this Act, ..., shall apply as if the child
had been received into their care under that section.

(6) A parental rights order shall not relieve any person from any liability to
maintain, or contribute to the maintenance of, the child; and [the Ministry of
Home Affairs] may recover as a civil debt due to them by any such person the
amount of any money expended by them on such maintenance.

(7) A parental rights order shall not authorise [the Ministry of Home Affairs]
to cause a child to be brought up in any religious persuasion other than that
in which he would have been brought up if the order had not been made.

(8) Any person who

(a)knowingly assists or induces a child to whom this subsection applies to run
away, or

(b)without lawful authority takes away such a child, or

(c)knowingly harbours or conceals such a child who has run away, or prevents
him from returning,

This subsection applies to any child in the care of [the Ministry of Home
Affairs] under section 103 in respect of whom a parental rights order is in
force and for whom accommodation (whether in a home or otherwise) is being
provided by [the Ministry] in pursuance of Part VII; and references in this
subsection to running away or taking away or to returning are references to
running away or taking away from, or returning to, a place where accommodation
is or was being so provided.

(9) Any person who

(a)has been allowed by [the Ministry of Home Affairs] in accordance with
subsection (3) to take over the control of a child, and

(b)is required by [the Ministry] by notice served on him to return the child
at a time specified in the notice (which, if that person has been allowed to
take over the control of the child for a fixed period, shall not be earlier
than the end of that period),

(10) A person who is guilty of an offence under subsection (8) or (9) shall be
liable on summary conviction to a fine not exceeding fifty pounds or to
imprisonment for a term not exceeding three months or to both.

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Northern Irish Legislation

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 105