Part 5Child assessment and child protection orders

Ancillary measures

40Information non-disclosure directions

1

This section applies where the sheriff makes a child protection order in respect of a child.

2

The sheriff must consider whether to include an information non-disclosure direction in the order.

3

An information non-disclosure direction is a direction that—

a

the location of any place of safety at which the child is being kept, and

b

any other information specified in the direction relating to the child,

must not be disclosed (directly or indirectly) to any person or class of person specified in the direction.

4

An information non-disclosure direction ceases to have effect when—

a

it is terminated by a children’s hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

b

the child protection order in which it is included ceases to have effect.

41Contact directions

1

This section applies where the sheriff makes a child protection order in respect of a child.

2

The sheriff must consider whether to include a contact direction in the order.

3

A contact direction is a direction—

a

prohibiting contact between the child and a person mentioned in subsection (4),

b

making contact between the child and such a person subject to any conditions which the sheriff considers appropriate to safeguard and promote the welfare of the child,

c

making such other provision as the sheriff considers appropriate about contact between the child and such a person.

4

The persons are—

a

a parent of the child, person with parental responsibilities for the child or other person specified in the direction,

b

a person falling within a class of person specified in the direction.

5

A contact direction ceases to have effect when—

a

it is terminated by a children’s hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

b

the child protection order in which it is included ceases to have effect.

42Parental responsibilities and rights directions

1

A person applying to the sheriff for a child protection order in respect of a child may, at the same time, apply to the sheriff for a parental responsibilities and rights direction.

2

A parental responsibilities and rights direction is a direction about the fulfilment of parental responsibilities or exercise of parental rights in relation to—

a

the treatment of the child arising out of any assessment authorised by the child protection order, or

b

any other matter that the sheriff considers appropriate.

3

A parental responsibilities and rights direction ceases to have effect when—

a

it is terminated by a children’s hearing under section 47(1)(a)(ii) or the sheriff under section 51(5)(b), or

b

the child protection order in which it is included ceases to have effect.