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CHILDREN AND YOUNG PERSONS: The Children's Hearings (Legal Representation) (Scotland) Rules 2002
Schedule
Rule25(1)
FORM 1
SUPERVISION REQUIREMENT
(Place and Date)
A children's hearing for (local authority area), having considered the case of (name and address of child) and in exercise of the powers conferred by section 70 of the Children (Scotland) Act 1995, being satisfied that he/she is in need of compulsory measures of supervision require him/her* [to be under the supervision of the chief social work officer of (name of local authority)]* [to reside in (name of place or places) [to comply with the conditions stated below.]
[The children's hearing order that the place/places* where (name the child) is to reside in accordance with the requirement shall not be disclosed to (person or class of persons)]*
CONDITIONS REFERRED TO IN THE FOREGOING SUPERVISION REQUIREMENT
1. [ ]
…………..........………………
Chairman of the Children's Hearing
*Delete as appropriate
Rule 2
FORM 25(2)
SUPERVISION REQUIREMENT UNDER SECTION 70(1) OF THE ACT AUTHORISING PLACEMENT IN SECURE ACCOMMODATION
(Place and Date)
A children's hearing for (local authority area) having considered the case of (name and address of child) and in exercise of the powers conferred by sections 70(1), 70(3) and 70(9) of the Children (Scotland) Act 1995 being satisfied (firstly) that the child is in need of compulsory measures of supervision, and (secondly)
[that he/she* has previously absconded and is likely to abscond unless he/she* is kept in secure accommodation, and, that if he/she* absconds, it is likely that his/her* physical, mental or moral welfare will be at risk]*
[that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in secure accommodation]*,
require him/her* to be under the supervision of the chief social work officer for (name of local authority) and to reside in (name of residential establishment providing secure accommodation subject to the conditions noted below.
[name of the place or places]* (see Note below)
[The children's hearing order that the place where (name of child) is to reside shall not be disclosed to (person or class of person)]*
CONDITIONS REFERRED TO IN THE FOREGOING SUPERVISION REQUIREMENT
1. The child is liable to be placed and kept in secure accommodation in (name of residential establishment) at such times as the person in charge of the residential establishment, with the agreement of the chief social work officer of (name of local authority) considers it necessary that the child do so.
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility there will also need to be a reference to some such place.
FORM 3
Rule 25(3)
CONTINUATION UNDER SECTION 73(9)(e) OF THE ACT OF SUPERVISION REQUIREMENT
(Place and date)
A children's hearing for (local authority area), considering the case of (name and address of child) and the supervision requirement (a copy of which is attached), and in exercise of its powers under section 73(9)(e) of the Act, continues the said requirement [in force]* [subject to the variations of that requirement noted below]* [with the insertions in the requirement noted below]*
[The children's hearing in [varying]* [imposing]* a requirement order that the place where (name of child) is to reside shall not be disclosed to (person or class of persons)]*
[VARIATION[S] REFERRED TO]*
[INSERTION[S] REFERRED TO]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 4
Rule 25(4)
CONTINUATION UNDER SECTION 73(9)(e) OF THE ACT OF SUPERVISION REQUIREMENT WITH VARIATION AUTHORISING PLACEMENT IN SECURE ACCOMMODATION
(Place and Date)
A children's hearing for (local authority area) having considered the case of (name and address of child) and in exercise of the powers conferred by sections 73(9)(e) of the Children (Scotland) Act 1995 being satisfied (firstly) that the child is in need of compulsory measures of supervision, and (secondly)
[that he/she* has previously absconded and is likely to abscond unless he/she* is kept in secure accommodation, and, that if he/she* absconds, it is likely that his/her* physical, mental or moral welfare will be at risk]*
[that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in secure accommodation]*,
grant continuation of the supervision requirement dated (ie sent date) a copy of which is attached, subject to the insertion of a requirement on him/her* to be under the supervision of the chief social work officer for (name of local authority) and to reside in (name of residential establishment providing secure accommodation. Subject to the conditions noted below and any other insertions in or variations of the supervision requirement noted below.
[name of place or places]* (see Note below)
[The children's hearing order that the place where (name of child) is to reside shall not be disclosed to (person or class of person)]*
CONDITIONS VARIATIONS AND INSERTIONS REFERRED TO IN THE SUPERVISION REQUIREMENT
1. The child is liable to be placed and kept in secure accommodation in (name of residential establishment) at such times as the person in charge of the residential establishment, with the agreement of the chief social work officer of (name of local authority) considers it necessary that the child do so.
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility there will also need to be a reference to some such place.
FORM 5
Rule 27
WARRANT TO FIND A CHILD ETC, UNDER SECTION [45(4)]* [45(5)]* OF THE ACT
(Place and date)
A children's hearing for (local authority area) in respect of the case of (name and address of child)* and exercise of the powers conferred on them by section [45(4)]* [45(5)]* of the Children (Scotland) Act 1995, being satisfied that it is necessary for them to do so, grant warrant to find the child, and keep him/her in a place of safety and to bring him/her before a children's hearing.
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 6
Rule 27
CONTINUATION UNDER SECTION 59(4) OF THE ACT OF A CHILD PROTECTION ORDER
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child)* and exercise of the powers conferred on them by section 59(4) of the Children (Scotland) Act 1995, being satisfied that the conditions for the making of a child protection order under section 57 of the Act are established, continue the child protection order dated (insert date of CPO by sheriff, a copy of which is attached) [and the directions made under section 58 of the Act]* until (date) (insert date being date of hearing on eighth working day).
[For the duration of the Order the variation[s] of the [Order]* [and] [direction[s]]* as set out below shall have effect]*
[VARIATIONS OF [ORDER]* [AND]* [DIRECTIONS]*
1. (insert variations)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 7
Rule 27
CONTINUATION UNDER SECTION 59(4) OF THE ACT OF A CHILD PROTECTION ORDER WITH FIRST AUTHORISATION OF REMOVAL OF CHILD TO
PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child)* and in exercise of the powers conferred on them by section 59(4) of the Children (Scotland) Act 1995, being satisfied that the conditions for the making of a child protection order under section 57 of the Act are established, continue the child protection order dated (insert date of CPO by sheriff, a copy of which is attached) [and the directions made under section 58 of the Act]* until (date) (insert date being date of hearing on eighth working day).
[For the duration of the Order the variation[s] of the [Order]* [and] [direction[s]]* as set out below shall have effect]*
[VARIATIONS OF [ORDER]* [AND]* [DIRECTIONS]*
1. The applicant shall be authorised to remove the child to and keep it (name of place or places of safety) subject to the following conditions:
2. [The place or plans of safety shall not be disclosed to (person or class of persons)]*
3.
Chairman of the Children's Hearing
*Delete as appropriate
FORM 8
Rule 27
WARRANT UNDER SECTION 63(5) OF THE ACT FOR KEEPING A CHILD IN A PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area) in respect of the case of (name and address of child) and in exercise of the powers conferred on them by section 63(5) of the Act, being satisfied [that it is necessary that the child should be kept in a place of safety in order to safeguard or promote his/her welfare]* [there is reason to believe that the child may fail to comply with a requirement that under section 69(3) of the Act]* [there is reason to believe that the child may not attend at any hearing of his/here case]* grant warrant to (insert name and address and where appropriate full designation of applicant) to keep that child in (name of place or places) for a period from (date) to (date) both days inclusive (insert period not exceeding 22 days) [and for the bringing of that child, before a children's hearing at (insert time and/or date)].
- [For the duration of this warrant the child should be subject to the conditions
noted below]*
[The children's hearing in granting this warrant order that the place or places where the child is to reside in accordance with the warrant shall not be disclosed to (person or class of persons)]*
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
........………………….
Chairman of the Children's Hearing
*Delete as appropriate
FORM 9
Rule 27
WARRANT UNDER SECTION 63(5) OF THE ACT FOR PLACING AND KEEPING A CHILD IN PLACE OF SAFETY WITH AUTHORISATION TO KEEP IN
SECURE ACCOMMODATION
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child) and in exercise of the powers conferred on them by section 63(5) of the Children (Scotland) Act 1995,
(firstly) being satisfied that [it is necessary that the child should be kept in a place of safety in order to safeguard or promote his/her* welfare]* [there is reason to believe that the child may not attend any hearing of his/her* case]* [there is reason to believe that the child may not comply with a requirement under section 69(3) of the Act]*
(secondly) being satisfied [that, having previously absconded, he/she* is likely to abscond unless kept in secure accommodation, and that if he/she* absconds it is likely that his/her* physical, mental or moral welfare will be at risk]* [that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in such accommodation]*,
grant warrant to (insert name and address and where appropriate full designation of applicant) to keep the child in (name of residential establishment providing the secure accommodation) for the period from (date) to (date) (insert period not exceeding 22 days) both days inclusive and order that during the duration of the warrant, pending the disposal of his/her case, the child shall be liable to be placed and kept in secure accommodation within the said residential establishment at such times as the person in charge of the residential establishment, with the agreement of the chief social work officer of (name of local authority), considers necessary.
[name of place or places]* (see Note below)
[For the duration of this warrant the child should be subject to the conditions noted below]* [The children's hearing in granting this warrant order that the place where the child is to reside in accordance with the warrant shall not be disclosed to (person or class of persons)]*
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility, there will also need to be reference to some such place.
FORM 10
Rule 27
CONTINUATION UNDER SECTION 63(5) OF THE ACT OF A WARRANT FOR KEEPING A CHILD IN A PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child) and in exercise of the powers conferred on them by section 63(5) of the Children (Scotland) Act 1995, continues the warrant dated (insert date of warrant), a copy of which is attached, for the keeping of the child in a place of safety for a period from (date) to (date) both days inclusive (insert period not exceeding 22 days) [and for the bringing of that child before a children's hearing at (insert time and/or date)].
[The continuation of the warrant is subject to the variations]* noted below]*
[VARIATIONS REFERRED TO
1. (insert variations)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 11
Rule 27
CONTINUATION UNDER SECTION 63(5) OF THE ACT OF A WARRANT FOR PLACING AND KEEPING A CHILD IN A PLACE OF SAFETY WITH FIRST AUTHORISATION TO KEEP THE CHILD IN SECURE ACCOMMODATION
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child) and in exercise of the powers conferred on them by section 63(5) of the Children (Scotland) Act 1995.
(firstly) being satisfied that [it is necessary that the child shall be kept in a place of safety in order to safeguard or promote his/her* welfare]* [there is reason to believe that the child may not attend any hearing or his/her* case]* [there is reason to believe that the child may not comply with a requirement under section 69(3) of the Act]*
(secondly) being satisfied [that, having previously absconded he/she* is likely to abscond unless kept in secure accommodation, and that if he/she* absconds it is likely that his/her* physical, mental or moral welfare will be at risk]* [that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in such accommodation]*,
grant continuation, subject to the variations noted below of the warrant dated (insert date of warrant), a copy of which is attached,
Variations referred to above
1. µThe warrant is varied to read as a warrant to (name and address and where appropriate full designation of applicant) to keep the child in (name of residential establishment providing secure accommodation) for the period from (date) to (date) (insert period not exceeding 22 days) both days inclusive and with an order that during the duration of the warrant pending the disposal of his/her case, the child shall be liable to be placed and kept in secure accommodation within the said residential establishment at such times as the person in charge of the residential establishment, with the agreement of the chief social work officer of (name of local authority), considers necessary.
[name of place or places]* (see Note below)
2. etc.
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility there will also need to be a reference to some such place.
FORM 12
Rule 27
WARRANT UNDER SECTION 66(1) OF THE ACT FOR KEEPING A CHILD IN A PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area) in respect of the case of (name and address of child), being unable to dispose of the case and in exercise of the powers conferred on them by section 63(5) of the Act, being satisfied [that it is necessary that the child should be kept in a place of safety in order to safeguard or promote his/her welfare]* [the child may not attend at any hearing of his/her case]* [there is reason to believe that the child may fail to comply with a requirement that under section 69(3) of the Act]* [there is reason to believe that the child may not attend at any hearing of his/here case]* grant warrant to (insert name and address and where appropriate full designation of applicant) to [find and keep the child in (name of place or places) for a period from (date) to (date) both days inclusive (insert period not exceeding 22 days) [and for the bringing of that child, before a children's hearing at (insert time and/or date)]*.
[For the duration this warrant the child should be subject to the conditions noted below]*
[The children's hearing in granting this warrant order that the place or places where (the child) is to reside in accordance with the warrant shall not be disclosed to (person or class of persons)]*
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 13
Rule 27
WARRANT UNDER SECTIONS 66(1) AND 66(6) OF THE ACT FOR PLACING AND KEEPING A CHILD IN PLACE OF SAFETY WITH AUTHORISATION TO KEEP IN SECURE ACCOMMODATION
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child) being unable to dispose of the case and in exercise of the powers conferred on them by section 66(1) and 66(6) of the Children (Scotland) Act 1995,
(firstly) being satisfied that [it is necessary to keep the child in a place of safety in order to safeguard or promote his/her welfare]* [there is reason to believe that the child may not attend any hearing of his/her* case]* [there is reason to believe that the child may fail to comply with a requirement under section 69(3) of that Act]* and
(secondly) being satisfied [that, having previously absconded, he/she* is likely to abscond unless kept in secure accommodation, and that if he/she* absconds it is likely that his/her* physical, mental or moral welfare will be at risk]* [that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in such accommodation]*,
grant warrant to (insert name and address and where appropriate full designation of applicant) to [find and keep]* [keep]* the child in (name of residential establishment providing the secure accommodation) subject to the conditions noted below for the period from (date) to (date) both days inclusive (insert period not exceeding 22 days) and for the bringing of that child before a children's hearing at (insert time and date).
[name of place or places]* (see Note below)
[The children's hearing in granting this warrant order that the place where the child is to reside in accordance with the warrant shall not be disclosed to (person or class of person)]*
CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. The child is liable to be placed and kept in secure accommodation in (name of residential establishment) at such times as the person in charge of the residential establishment, with the agreement of the chief social work officer of (name of local authority), considers it necessary that the child do so.
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility there will also need to be a reference to some such place.
FORM 14
- Rule 27
CONTINUATION UNDER SECTION 66(5) OF A WARRANT OF THE ACT FOR KEEPING A CHILD IN A PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child), being unable to dispose of the case and in exercise of the powers conferred on them by section 66(5) of the Children (Scotland) Act 1995, being satisfied that (specify cause shown by the Principal Reporter) continue a warrant dated (insert date of warrant), a copy of which is attached, for a period from (date to (date) both days inclusive (insert period not exceeding 22 days) and for the bringing of that child before a children's hearing at (insert time and date).
[The continuation of the warrant is subject to the variations of the warrant [as varied]* noted below]*
[VARIATIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert variations]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 15
Rule 27
CONTINUATION UNDER SECTION 66(5) OF THE ACT OF A WARRANT FOR PLACING AND KEEPING A CHILD IN A PLACE OF SAFETY WITH FIRST AUTHORISATION TO KEEP IN SECURE ACCOMMODATION
(Place and date)
A children's hearing for (local authority area), in respect of the case of (name and address of child) being unable to dispose of the case, in exercise of the powers conferred on them by section 66(5) and 66(6) of the Children (Scotland) Act 1995
(firstly) being satisfied that (specify cause shown by the Principal Reporter,)
(secondly) being satisfied that the child having previously absconded, he/she* is likely to abscond unless kept in secure accommodation, and that if he/she* absconds it is likely that his/her* physical, mental or moral welfare will be at risk]* [that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in such accommodation]*,
grant continuation, subject to the variations noted below, of the warrant dated (insert date of warrant), a copy of which is attached.
[The children's hearing in granting this warrant order that the place where (name) is to reside in accordance with the warrant shall not be disclosed (person or class of persons)]*
[VARIATIONS REFERRED TO
1. The warrant is varied to read as a warrant to (name and address and where appropriate full designation of applicant) to keep the child in (name of residential establishment providing secure accommodation) for the period from (date) to date (insert period not exceeding 22 days) both days inclusive and with an order that during the duration of the warrant, pending disposal of his/her case, the child shall be liable to be placed and kept in secure accommodation within the said residential establishment at such times as the person in charge of the residential establishment with the agreement of the chief social work officer of (name of local authority), considers necessary.
[name of place or places]* (see Note below)
2. ..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility there will also need to be a reference to some such place.
FORM 16
Rule 27
WARRANT UNDER SECTION 69(4) OF THE ACT FOR APPREHENSION OF CHILD AND REMOVAL TO PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area) having considered the case of (name and address of child) continue the case and in exercise of the power conferred on them by section 69(4) of the Children (Scotland) Act 1995, being satisfied that (name of child) has failed to fulfil a requirement made under section 69(3) of the Act, grant warrant to (insert name and address and where appropriate full designation of person) to find the child for the purpose of removing him/her* (insert name of place or places of safety) and keeping the child there [and where that place or those places of safety is or are not (insert name of clinic, hospital or establishment named in section 69(3) requirement), to take him/her* from the place of safety to (insert name of clinic, hospital or other establishment) for the purpose of investigation]*
[For the duration of this warrant the child should be subject to the conditions noted
below]*
[The place or places where the child is to reside shall not be disclosed to (person or class of persons)]*
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 17
Rule 27
WARRANT UNDER SECTION 69(4) OF THE ACT TO REMOVE AND KEEP CHILD IN PLACE OF SAFETY WITH AUTHORISATION TO KEEP IN SECURE ACCOMMODATION
(Place and date)
A children's hearing for (local authority area) having considered the case of (name and address of child) continue the case and in exercise of the power conferred on them by section 69(4) of the Children (Scotland) Act 1995, (firstly) being satisfied that the child has failed to fulfil a requirement made under section 69(3) of the Act, grant warrant to (insert name and address and where appropriate full designation of person) to find the child for the purpose of removing him/her* (insert name of place or places of safety) and keeping the child there [and where that place or those places of safety is or are not (insert name of clinic, hospital or establishment named in section 69(3) requirement), to take him/her* (insert name of clinic, hospital or other establishment) for the purpose of investigation]*
(secondly) being satisfied that, the child having previously absconded, he/she* is likely to abscond unless kept in secure accommodation, and that if he/she* absconds it is likely that his/her* physical, mental or moral welfare will be at risk]* [that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in such accommodation]*, orders that while the warrant or requirement under section 69(3) is in effect the child shall be liable to be placed in secure accommodation within (name of residential establishment providing secure accommodation)* (see Note below) at such times as the person in charge of the establishment, with the agreement of the chief social work officer of (name of local authority) considers necessary.
[For the duration of this warrant the child should be subject to the conditions noted below]*
[The place or places where the child is to reside shall not be disclosed to (person or class of persons)]*
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the place of safety does not provide secure accommodation there will also need to be a reference to some such secure accommodation.
FORM 18
Rule 27
WARRANT UNDER SECTION 69(7) OF THE ACT FOR KEEPING A CHILD IN A PLACE OF SAFETY
(Place and date)
A children's hearing for (local authority area) having considered the case of (name and address of child) continue the case and in exercise of the powers conferred on them by section 69(7) of the Children (Scotland) Act 1995, being satisfied that [it is necessary that the child should be kept in a place of safety in the interests of safeguarding or promoting his/her* welfare]* [there is reason to believe that (name and address) may not attend the subsequent hearing of his/her* case]* grant warrant to (insert name and address and where appropriate full designation of person) for that child to be taken to and kept in (insert name of place or places of safety)]* [until the day on which the subsequent hearing of the child's case by a children's hearing begins]*
[For the duration of this warrant the child should be subject to the conditions noted below]* [The place or places of safety referred to if this warrant shall not be disclosed to (person or class of person)]*
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
..........
Chairman of the Children's Hearings
*Delete as appropriate
FORM 19
Rule 27
WARRANT UNDER SECTION 69(7) OF THE ACT FOR PLACING AND KEEPING A CHILD IN PLACE OF SAFETY WITH AUTHORISATION TO KEEP IN SECURE ACCOMMODATION
(Place and date)
A children's hearing for (local authority area) having considering the case of (name and address of child) continue the case and in exercise of the powers conferred on them by section 69(4) of the Children (Scotland) Act 1995,
[being satisfied that it is necessary for the child to be kept in a place of safety in the interests of safeguarding or promoting his/her* welfare]* [there is reason to believe that the child may not attend the subsequent hearing of his/her* case]*
being satisfied [that, having previously absconded he/she* is likely to abscond unless kept in secure accommodation, and that if he/she* absconds it is likely that his/her* physical, mental or moral welfare will be at risk]* [that he/she* is likely to injure himself/herself* or some other person unless he/she* is kept in such accommodation]*
grant warrant to (insert name and address and where appropriate full designation of person) ordering the taking to and keeping of the said child in (name of residential establishment providing the secure accommodation) [for the period from (date) to (date) both days inclusive (insert period not exceeding 22 days)]* [until the day on which the subsequent hearing of the child's case by a children's hearing begins]* and order that while the warrant is in effect the child shall be liable to be placed in secure accommodation at such times as the person in charge of the residential establishment, with the agreement of the chief social work officer of (name of local authority), considers necessary.
[name of place or places]* (see Note below)
[For the duration of this warrant the child shall be subject to the conditions noted below]*
[The children's hearing in granting this warrant order that the place where (name) is to reside in accordance with the warrant shall not be disclosed to
[CONDITIONS REFERRED TO IN THE FOREGOING WARRANT
1. (insert conditions)]*
..........
Chairman of the Children's Hearing
*Delete as appropriate
Note: If the residential establishment providing secure accommodation does not have an open residential facility there will also need to be a reference to some such place.
FORM 20
Rule 28
REQUIREMENT UNDER SECTION 69(3) OF THE ACT
(Place and Date)
The children's hearing for (name of local authority) in respect of (name and address of child) having considered his/her case and being satisfied that, in order to complete their consideration of the case, it is necessary to have further investigation of the case, continue the case and for the purposes of the said investigation, in exercise of their powers under section 69(3) of the Act, require the child to [attend]* [reside at]* (insert name of clinic, hospital or establishment) during (insert time or period not exceeding twenty-two days).
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 21
Rule 28(2)
NOTIFICATION BY PRINCIPAL REPORTER UNDER SECTION 60(3) TO PERSON WHO IMPLEMENTED CHILD PROTECTION ORDER THAT CONDITIONS FOR THE MAKING OF THE ORDER ARE NO LONGER SATISFIED
(Date and place)
(To (name and address)
The Principal Reporter, hereby notifies you that having regard to the welfare of (name and address of child) he has decided that, [as a result of a change in the circumstances of his/her* case]* [in the light of further information relating to his/her* case having received by him]* that [the conditions of the making of a child protection order in respect of (name of child) are no longer satisfied]* or [the [term]* [condition]* [direction]* set out below is no longer appropriate]*.
[TERM, CONDITION OR DIRECTION REFERRED TO IN THE FOREGOING NOTIFICATION]
1. (Insert term, condition or direction)]*
..........
Principal Reporter
(on behalf of the Principal Reporter)
*Delete as appropriate
FORM 22
Rule 28(3)
NOTIFICATION BY PRINCIPAL REPORTER UNDER SECTION 60(3) TO PERSON WHO IMPLEMENTED CHILD PROTECTION ORDER THAT CONDITIONS FOR THE MAKING OF THE ORDER ARE NO LONGER SATISFIED
(Date and place)
(To (name and address)
The Principal Reporter, hereby notifies you that having regard to the welfare of (name and address of child) has decided that, [as a result of a change in the circumstances of his/her* case]* [in the light of further information relating to his/her* case having received by him]* that [the conditions of the making of a child protection order in respect of (name of child) are no longer satisfied]* or [the [term]* [condition]* [direction]* set out below is no longer appropriate]*.
[TERM, CONDITION OR DIRECTION REFERRED TO IN THE FOREGOING NOTIFICATION]
1. (Insert term, condition or direction)]*
..........
Principal Reporter
(on behalf of the Principal Reporter)
*Delete as appropriate
FORM 23
Rule 28(4)
FORM OF REPORT BY CHILDREN'S HEARING OF ADVICE UNDER SECTION 60(10) OF THE ACT FOR CONSIDERATION BY SHERIFF IN HIS DETERMINATION OF APPLICATION UNDER SECTION 60(7) OF THE ACT
(Date and place)
To
On (date) a children's hearing for (local authority area), after considering the case of (name of child and address) and the application under section 60(7) to [set aside]* [vary]* [the child protection order]* [a direction under section 58 of the Act]* [the child protection order]* [direction]* continued under section 59(4)]* provide the advice set out below to assist the sheriff in his determination of the application.
ADVICE REFERRED TO IN THE FOREGOING ADVICE STATEMENT
1. (insert advice)
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 24
Rule 28(5)
FORM OF REPORT BY CHILDREN'S HEARING OF ADVICE UNDER SECTION 73(13) OF THE ACT PROVIDING ADVICE FOR CONSIDERATION BY SHERIFF IN HIS DETERMINATION OF DECISION OF ADOPTION AGENCY
(Date and place)
To
- On (date) a children's hearing for (local authority area), after considering the case of (name of child and address) and the [proposed application under section 86 of the Act]* [proposed application under [section 12]* [section 18]* of the Adoption (Scotland) Act 1978]* [the proposed placing for adoption]* provide the advice set out below to assist the sheriff in his determination of the application.
ADVICE IN RELATION TO THE DECISION OF THE ADOPTION AGENCY
1. (insert advice)
..........
Chairman of the Children's Hearing
*Delete as appropriate
FORM 25
Rule 30
CHILDREN (SCOTLAND) ACT 1995 CERTIFICATE OF NOTIFICATION OF CHILDREN'S HEARING TO RELEVANT PERSON
(to be subjoined to copy of notification)*
I, ........…………….. [Principal Reporter/on behalf of Principal Reporter]* of (name of local authority) notified (name of relevant person) by
[speaking to him in person on (date), (time), (place)]*
[delivering a copy of the notification to him in person on (date), (time), (place)]*
[leaving a copy of the notification for him at his [(address), (house), (business), (address of business) or (date)]
[leaving a copy of the notification for him on board (name of vessel) at (place) or (date)]*
[sending to him in [a recorded delivery/registered] letter and the post office receipt of said letter accompanies this certificate]*
..........
Principal Reporter to the Children's Hearing
*Delete as appropriate
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