CYPS Act 1989 - Care & Protection

Question 1

What are your Powers under Section 42?

Answer 1

• If you on believe on reasonable grounds
• That it is critically necessary to protect a CYP from injury or death
• May enter without warrant to Enter and Search (by force if necessary)
• Any premises or place
• And
• Remove or detain the CYP (by force if necessary)
• And
• Place the CYP in the custody of CYFS

Question 2

What are your statutory obligations under Section 42?

Answer 2

• Produce evidence of identity
• State they are using Sect 42 of the CYPF Act 1989
• Within 3 days inform the commissioner of the use of this power.

Question 3

Outline the role of police in protecting unaccompanied children and young persons under section 48.

Answer 3

• Where a CYP is found by police unaccompanied by a parent guardian or other person that normally cares for them
• In a situation in which their physical or mental health is being or likely to be impaired.
• Take the CYP
• With their consent Deliver into the custody of parent, guardian or other person
• If no consent is given or caregivers unwilling to take them, Pace the CYP in the custody of CYPFS.

Question 4

When a CYP is detained under an enactment, what are you obliged to do?

Answer 4

• Inform the CYP of their Rights/Caution.

Question 5

What is the paramount principle of Section 6?

Answer 5

• The welfare and interests of the child or young person shall be the first and paramount consideration.