Section 55 Child’s Right Act

Section 55 Child’s Right Act 2003 is about Effect of care order. It is under Part VI (Care and Supervision) of the Act.

(1) Where a care order is made, the State Government and the appropriate authority designated by the order shall receive the child into its care and keep the child in its care while the order remains in force.

(2) Where ‐
(a) a care cider has been made on the application of an authorised person; and
(b) the State Government or appropriate authority designated by the order was not informed of the application, the child may be kept in the care of that person until received into the care of the State Government or the appropriate authority.

(3) While a care order is in force, the State Government or appropriate authority designated by the order shall have ‐
(a) parental responsibility for the child, subject to any right, duty, power, responsibility or authority which a parent or guardian of the child has in relation to the child and his property by virtue of any other enactment; and

(b) the power, subject to the following provisions of this section, to determine the extent to which a parent or guardian of the child may meet his parental responsibility for the child.

(4) The State Government or appropriate authority shall not exercise power in subsection (3) (b) of this section unless it is satisfied that it is necessary to do so in order to safeguard or promote the welfare of the child.

(5) Nothing in subsection (3) (b) of this section shall prevent a parent or guardian of the child who has care of the child from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the welfare of the child.

(6) While a care order is in force with respect to a child, the State Government or the appropriate authority designated by the order shall not ‐
(a) cause the child to be brought up in any religious persuasion, other than that in which he would have been brought up if the order had not been made; or
(b) have the right to ‐
(i) consent or withhold consent to the making of an application with respect to the child under the adoption provisions of this Act; or
(ii) appoint a guardian for the child.

(7) While a care order is in force with respect to a child, no person shall ‐
(a) cause the child to be known by a new surname; or
(b) remove the child from the State of jurisdiction, without either the written consent of every person who has parental responsibility for the child or the leave of the Court.

(8) Subsection (7) (b) of this section shall not ‐
(a) prevent the removal of a child from the state of jurisdiction, for a period of less than one month, by the authority in whose care he is ; or
(b) apply to arrangements for a child to live outside the State, if the required written consent or the leave of the Court has been obtained.

(9) The making of a care order with respect to a child who is subject to a contact order, a prohibited steps order, a residence order or a specific issue order, discharges the contact order, the prohibited steps order, the residence order or the specific issue order.

(10) The making of a care order with respect to a child who is ‐
(a) the subject of a supervision order, discharges the supervision order;
(b) a ward of court, brings that wardship to an end; and .
(c) the subject of a school attendance order, discharges the school attendance order.

(11) Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.

(12) Any order made under section 69 or 84 of this Act shall continue in force until the child attains the age of eighteen years, unless it is brought to an end earlier,

(13) An‐
(a) agreement under section 70 of this Act; and
(b) appointment under section 84 (3) of (4) of this Act, shall continue in force until the child attains the age of eighteen, unless it is brought to an end earlier.

(14) The provisions of First Schedule to this Act shall have effect with respect to financial relief for children.

[First Schedule.]

(15) Subject to this Act, an order made under this section shall, if it would otherwise continue in force, cease to have effect when the child attains the age of eighteen years.

(16) Where an order under this section has effect with respect to a child who has attained the age of sixteen, it shall, if it would otherwise continue in force, cease to have effect when the child attains the age of eighteen years.

(17) A care order, other than an interim care order, shall continue in force until the child attains the age of eighteen years, unless it is brought to an end earlier.

(18) An order made under any other provisions of this Act in relation to a child shall, if it would otherwise continue in force, cease to have effect when he attains the age of eighteen years.

(19) Where an application (in this section referred to as “the previous application”) has been made for‐
(a) the discharge of a care order;
(b) the discharge of a supervision order;
(c) the discharge of an education supervision order; or
(d) the substitution of a supervision order for a care order; or
(e) a child assessment order,

no further application of a kind mentioned in paragraphs (a) to (e) of this subsection may be made with respect to the child concerned, without leave of the Court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.

(20) Subsection (19) of this section does not apply to applications made in relation to interim orders.

(21) Where‐
(a) an application made for an order under section 58 of this Act has been refused; and ,
(b) a period of less than six months has elapsed since the refusal, the person who made the application shall not make a further application for such an order with respect to the same child, unless he has obtained the leave of the Court.

(22) On disposing of an application for an order under this Act, the Court may, whether or not it makes any other order in response to the application, order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the Court.