Revised Laws of Saint Lucia (2021)

38.   Discharge of child from care responsibility

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    (1)   The Director and child care service may make an application to the Court for the discharge of a child from care responsibility with or without an undertaking being given by the child or the parent of the child.

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    (2)   An undertaking under subsection (1) shall be in writing and shall be signed by the child or the parent of the child.

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    (3)   In determining whether or not to discharge a child from care responsibility under subsection (1), the Director and child care service specified in an emergency protection order shall have regard to —

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      (a)     views expressed by the child as to whether he or she wishes to be discharged;

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      (b)     views expressed by the child in relation to reunification;

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      (c)     whether the discharge of the child by the Director or child care service specified in an emergency protection order is likely to protect the safety, welfare and well-being of the child; and

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      (d)     whether the failure of the Director or child care service specified in an emergency protection order to discharge is likely to endanger the safety, welfare and well-being of the child or any other person.

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    (4)   If the Director and child care service specified in an emergency protection order intend to discharge a child from care responsibility, the Director and child care service specified in an emergency protection order shall explain to the Court why care responsibility with respect to the child is no longer required.

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    (5)   After reunification, the Director may visit the child and his or her family twice a month for six months for the duration of the emergency protection order or until the emergency protection order is varied or revoked.