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CHILD (CARE, PROTECTION AND ADOPTION) ACT
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20.   Warrant

Revised Laws of Saint Lucia (2021)

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20.   Warrant

  1.  

    (1)   The Director may make an application without notice to the Court for the issue of a warrant.

  1.  

    (2)   On an application under subsection (1), the Court may issue a warrant to the Director under this section if the Court is satisfied that —

    1.  

      (a)     there are reasonable grounds to believe that —

      1.  

        (i)     a child is in need of care and protection, and

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        (ii)     a less intrusive course of action will not adequately protect the health or safety of the child; and

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      (b)     the parent or another person caring for the child has refused to give up the child or to permit entry to the place or premises if the Director has reason to believe that the child is present.

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    (3)   Notwithstanding subsection (1), in the case of an emergency, the Director may, with the assistance of a police officer, and without the need for further authority other than that conferred by this subsection, enter a place or premises where a child is believed to be present or to reside and search for, locate, remove and take the child into custody if the Director has reasonable grounds to believe that —

    1.  

      (a)     the child is in need of protection; and

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      (b)     the health or safety of the child is in immediate jeopardy.

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    (4)   It is not necessary that a child be identified by name for the purpose of removal, a warrant or order issued under this section.

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    (5)   For the purposes of this section, “in the case of an emergency” includes a situation where the life of the child is at risk or there is a risk of serious harm to the child.

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