Section 174 Child’s Right Act
Section 174 Child’s Right Act 2003 is about Provision of accommodation for children in general. It is under Part XV (State Government Support for Children and Families) of the Act.
(1) A State Government shall provide accommodation for a child in need within the State who appears to it to require accommodation where‐
(a) there is no person have parental responsibility for the child; or
(b) the child is lost or has been abandoned or runs away from home; or
(c) the person who has care for the child is prevented, for any reason whatsoever, from providing the child with accommodation or care.
(2) Where a State Government provides accommodation under subsection (1) of this section for a child who is ordinarily resident in another State, that other State Government may take over the provision of accommodation for the child within‐
(a) three months of being notified in writing that the child is being provided accommodation; or
(b) such other longer period as may be prescribed.
(3) A State Government shall provide accommodation for a child within the State‐
(a) whose welfare the appropriate authority considers is likely to be seriously prejudiced if the State Government does not provide the child with accommodation; or
(b) if the State Government considers that to provide the child accommodation would safeguard or promote the welfare of the child notwithstanding that the person who has parental responsibility for the child is able to provide him accommodation.
(4) Before deciding to provide accommodation under this section, a State Government shall, so far as is reasonably practicable and consistent with the welfare of the child‐
(a) ascertain the wishes of the child regarding the provision of accommodation; and
(b) given due consideration, having regard to his age and understanding, to such wishes of the child as it has been able to ascertain.
(5) A State Government shall not provide accommodation under this section for a child if a person who‐
(a) has parental responsibility for the child; and a
(b) is willing and able to ‐
(i) provide accommodation for the child, or
(ii) arrange for accommodation to be provided for the child, objects.
(6) A person who has parental responsibility for a child may at any time remove the child from the accommodation provided by or on behalf of the State Government under this section.
(7) Subsections (5) and (6) of this section do not apply where a person‐
(a) in whose favour a residence order is in force with respect to the child; or
(b) who has care of the child by virtue of an order made in the exercise of the jurisdiction of the Court at the High Court level with respect to children, agrees that the child be cared for in an accommodation provided by or on behalf of the State Government.
(8) Where there is more than one such person as is mentioned in Subsection (7) of this section, all of those persons shall agree.
