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Foster Children (Scotland) Act 1984

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This is the original version (as it was originally enacted).

12Removal of foster children kept in unsuitable surroundings

(1)If the sheriff is satisfied, on the complaint of a local authority, that a foster child is being kept or is about to be received—

(a)by any person who is unfit to have his care, or

(b)in contravention of section 7 or of any prohibition imposed by a local authority under section 10, or

(c)in any premises or environment detrimental or likely to be detrimental to him, the sheriff may make an order for his removal to a place of safety until he can be restored to a parent, relative or guardian of his or until other arrangements can be made with respect to him.

(2)On proof that there is imminent danger to the health or well-being of the child, the power to make an order under this section may be exercised by a justice of the peace acting on the application of a person authorised to visit foster children.

(3)An order under this section made on the ground that a prohibition of a local authority under section 10 has been contravened may require the removal from the premises of all the foster children kept there.

(4)An order under this section may be executed by any person authorised to visit foster children or by any constable.

(5)A local authority may receive into their care under section 15 of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc.) any child removed under this section, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of the said section 15 and notwithstanding that he may appear to the local authority to be over the age of 17.

(6)Where a child is removed under this section, the local authority shall, if practicable, inform a parent or guardian of the child, or any person who acts as his guardian.

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