Act of Sederunt (Child Care and Maintenance Rules) 1997

PROCEDURE IN RESPECT OF CHILDREN

Application

3.2  Rules 3.3 to 3.5 apply where by virtue of section 16(2) of the Act a child may be given an opportunity to indicate whether he wishes to express his views in relation to an application or proceedings in the circumstances stated in section 16(4)(b) and (c) of the Act.

Power to dispense with service on child

3.3  Where the sheriff is satisfied, taking account of the age and maturity of the child, that it would be inappropriate to order service on the child, he may dispense with–

(a)service on the child; and

(b)the attendance of the child at the hearing of the application.

Service on child

3.4—(1) Subject to rule 3.3 and to paragraph (2), after the issue of the first order or warrant to cite, as the case may be, the applicant shall forthwith serve a copy of the application and first order or warrant to cite on the child, together with a notice or citation in–

(a)Form 26 in respect of an application for a child assessment order under Part III of this Chapter;

(b)Form 27 in respect of an application to vary or set aside a child protection order in terms of rule 3.33;

(c)Form 28 in respect of an application for an exclusion order in terms of rules 3.34 to 3.39;

(d)Form 29 in respect of an application to vary or recall an exclusion order in terms of rule 3.40;

(e)Form 30 in respect of an application for a warrant to keep a child in a place of safety under Part VI of this Chapter; and

(f)Form 31 in respect of an application under section 65(7) or (9) of the Act made under Part VII of this Chapter.

(2) The sheriff may, on application by the applicant or of his own motion, order that a specified part of the application is not served on the child.

Procedure where child wishes to express a view

3.5—(1) Where a child has indicated his wish to express his views, the sheriff–

(a)may order such steps to be taken as he considers appropriate to ascertain the views of that child; and

(b)shall not make any order or disposal mentioned in paragraph (b) or (c) of section 16(4) of the Act unless an opportunity has been given for the views of that child to be obtained or heard.

(2) Subject to any order made by the sheriff under paragraph (1)(a) and to any other method as the sheriff in his discretion may permit, the views of the child may be conveyed–

(a)by the child orally or in writing;

(b)by an advocate or solicitor acting on behalf of the child;

(c)by any safeguarder or curator ad litem appointed by the court; or

(d)by any other person (either orally or in writing), provided that the sheriff is satisfied that that person is a suitable representative and is duly authorised to represent the child.

(3) Where the views of the child are conveyed orally to the sheriff, the sheriff shall record those views in writing.

(4) The sheriff may direct that any written views given by a child, or any written record of those views, shall–

(a)be sealed in an envelope marked “Views of the child – confidential”;

(b)be kept in the court process without being recorded in the inventory of process;

(c)be available to a sheriff only;

(d)not be opened by any person other than a sheriff, and

(e)not form a borrowable part of the process.