Section 189 Child’s Right Act
Section 189 Child’s Right Act 2003 is about Discontinuance of controlled or assisted community homes. It is under Part XVI (Community Homes) of the Act.
(1) A voluntary organisation which has provided or is managing a controlled or an assisted community home shall not cease to provide or manage the home unless it has given to the Minister and the appropriate authority specified in the instrument of management of the community home not less than two years notice in writing of its intention to do so.
(2) A notice given under subsection (1) of this section shall specify the date from which the voluntary organisation intends to cease to provide or manage the community home.
(3) Where a notice given under subsection (1) of this section is not withdrawn before the date specified in it, the instrument of management of the community home shall cease to have effect on that date and the community home shall then cease to be a controlled or an assisted community home, as the case may be.
(4) Where a notice is given under subsection (1) of this section and the voluntary organisation gives notice in writing to the Minister that it is unable or unwilling to continue to provide or manage the community home until the date specified in the notice given under subsection (1) of this section, the Minister may, by order‐
(a) revoke the instrument of management of the community home; and
(b) require the State Government specified in the instrument of management to manage the home until‐
(i) the date specified in the notice given under subsection (1) of this section, or
(ii) such earlier date, if any, as may be specified for the purposes of this paragraph in the order, as if it were a community home provided by the State Government.
(5) Where the Minister imposes a requirement under subsection (4) (b) of this section‐
(a) nothing in the instrument of management of the community home shall affect the management of the community home by the State Government;
(b) the Minister may by order direct that, for the purposes of any provision specified in the direction made by or under any enactment relating to community homes, other than this section, the community home shall, until the date or earlier date referred to in subsection (4) (b) of this section, be treated as a controlled or an assisted community home;
(c) except in so far as the Minister so directs, the community home shall, until the date or earlier date referred to in subsection (4) (b) of this section, be treated for the purposes of any enactment relating to community home, other than this section, as a community home provided by the State Government; and
(d) the community home shall, on the date or earlier date referred to in subsection (4) (b)(i) or (ii) of this section, cease to be a community home.
