Section 41 Child’s Right Act

Section 41 Child’s Right Act 2003 is about Child assessment orders. It is under Part IV (Protection of Children) of the Act.

(1) A State Government or an appropriate authority may apply to the Court for a child assessment order with respect to a child and the Court may make the order, if it is satisfied that‐
(a) the applicant has reasonable cause to suspect that the child is suffering, or likely to suffer, significant harm;

(b) an assessment of the state of the health or development of the child or of the way in which the child has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

(c) it is unlikely that such assessment will be made, or be satisfactory, in the absence of an order under this section.

(2) A court may treat an application under this section as an application for an emergency protection order.

(3) No Court shall make a child assessment order if it is satisfied that‐
(a) there are grounds for making an emergency protection order with respect to the child; and
(b) it ought to make an emergency protection order rather than a child assessment order.

(4) A child assessment order shall‐
(a) specify the date on which the assessment is to begin; and
(b) have effect for such period, not exceeding nine days beginning with that date, as may be specified in the order.

(5) Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child to‐
(a) produce him to such person as may be named in the order; and
(b) comply with such directions relating to the assessment of the child as the Court thinks fit to specify in the order.

(6) A child assessment order shall contain an authority to the person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.

(7) Notwithstanding subsection (6) of this section, if the child has sufficient understanding to make an informed decision, he may refuse to submit to medical or psychiatric examination or any other assessment.

(8) A child may only be kept away from home‐
(a) in accordance with directions specified in the child assessment order;
(b) if it is necessary for the purpose of the assessment; and
(c) for such period or periods as may be specified in the assessment order.

(9) Where a child is to be kept away from home, the order shall contain such directions as the Court thinks fit with regard to the contact that the child must be allowed to have with other persons while away from home.

(10) A person making an application for a child assessment order shall, before the hearing of the application, take such steps as are reasonably practicable to ensure that notice of the application is given to‐
(a) the parents of the child;
(b) a person who, though not a parent of the child, has parental responsibility for the child;
or
(c) any other person having the care of the child;
(d) a person in whose favour a contact is in force with respect to the child;
(e) a person who is allowed to have contact with the child by virtue of an order made under section 55 of this Act; or
(f) the child concerned.

(11) Rules of Court may make provision as to the circumstances in which‐
(a) any of the persons mentioned in subsection (10) of this section; or
(b) such other persons as may be specified in the rules, may apply to the Court for a child assessment order to be varied or discharged.