Section 8: Committal to place of safety
consolidated text (as at 2009). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
8. Committal to place of safety
(1) Where the Permanent Secretary has reasonable ground to believe that
a child is ill-treated, neglected, abandoned, destitute or otherwise exposed to
harm, and that it is in his interests to be committed to a place of safety, he
may apply in writing to the Court for a committal order.
[Issue 2] C13 – 10
Revised Laws of Mauritius
(2) Upon an application under subsection (1), the Court—
(a) may make an interim order for the child to be put in a place of
safety for a period not exceeding 14 days and may extend such
interim order for further periods of 14 days until the final determination of the application;
(b) shall order an urgent enquiry and report by the Probation Service
as to the child’s family background, general conduct, home surroundings and school record as may enable it to deal with the
case in the best interests of the child;
(c) may request that the child be medically examined.
(3) Where after hearing evidence including that of any parent, wherever
possible and practicable, the Court considers it necessary in the interests of
the child, it shall order that the child be committed to a place of safety until
the child reaches the age of 18 or for such shorter period as the Court may
deem fit.
(4) An order made under subsection (3) may be varied in the interests of
the child at the instance of any interested party.
(5) Any expenses incurred for the care and protection of a child who has
been committed under subsection (3) may be recovered from any parent of
the child.
[S. 8 amended by Act 15 of 1998.]
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Questions this section answers
- Can a court commit a child to a place of safety until they turn 18?
- Can the costs of a child's care in a place of safety be recovered from the parent?
- How long can an interim order place a child in a place of safety before a final decision?
- Will the court order a family background report before committing a child to a place of safety?