(1) If it appears during proceedings at an initial inquiry that a child is in need of care and protection under the Child (Care, Protection and Adoption) Act and that it is desirable to deal with the child under that Act, a magistrate shall stop the proceedings and transfer the matter to the Director of Human Services to be dealt with in accordance with the Child (Care, Protection and Adoption) Act.
(2) Referral of a matter to the Director of Human Services under subsection (1), shall be considered by a magistrate if a child —
(a) is assessed on more than one occasion regarding minor offences that were committed to meet the basic need of the child for food and shelter and in the initial inquiry in question it is again alleged that the child has committed the offences;
(b) is allegedly abusing dependence-producing substances or controlled drugs; or
(c) does not live at his or her family home or in a child care service and is alleged to have committed a minor offence, the purpose of which was to meet the basic need of the child for food and shelter.