Section 42 Child’s Right Act
Section 42 Child’s Right Act 2003 is about Emergency protection 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 an emergency protection order with respect to a child and the Court may make the order if it is satisfied‐
(a) that there is reasonable cause to believe that the child is likely to suffer significant harm if‐
(i) he is not removed to an Emergency Protection Centre or any other approved suitable accommodation provided by or on behalf of the applicant; or
(ii) he does not remain in the place in which he is then being accommodated; and
(b) in the case of an application made by a State Government or any appropriate authority, that‐
(i) the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm ;
(ii) enquiries with respect to the welfare of the child are being frustrated by access to the child being unreasonably refused to a person authorised to seek access ; and
(iii) the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.
(2) A person‐
(a) seeking access to a child in connection with enquires of any kind mentioned in subsection (1) of this section; and
(b) purporting to be a person authorised to do so, shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
(3) While an emergency protection order is in force, it‐
(a) gives the applicant parental responsibility for the child ;
(b) operates as a direction to a person who is in a position to do so to comply with any request to produce the child to the applicant; and
(c) authorises the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or
(d) prevents the child from being removed from any hospital, or other place, in which he was being accommodated immediately before the making of the order.
(4) Where an emergency protection order is in force, the applicant shall‐
(a) only exercise the power given by virtue of subsection (3) (c) or (d) of this section in order to safeguard the welfare of the child;
(b) take only such action, in meeting his parental responsibility for the child, as is reasonably required to safeguard or promote the welfare of the child, having regard, in particular, to the duration of the order; and
(c) comply with the requirements of any regulations made by the Minister for the purposes of this subsection.
(5) Where the Court makes an emergency protection order, it may give such directions as it considers appropriate with respect to‐
(a) the contact which is, or is not, to be allowed between the child and any named person; or
(b) medical or psychiatric examination or any other assessment of the child.
(6) Where a direction is given under subsection (5) (b) of this section, the child may, if he has sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.
(7) A direction given under subsection (5) (a) of this section may impose such conditions as the Court considers appropriate and a direction under subsection (5) (b) of this section may‐
(a) prohibit the examination or assessment of the child; or
(b) allow the examination or assessment of the child only when the Court so directs.
(8) A direction under subsection (5) of this section may be‐
(a) given when the emergency protection order is made or at any time while it is in force; and
(b) varied at any time of the application of any class of persons prescribed by Rules of Court for the purposes of this subsection.
(9) Where an emergency protection order is in force in respect of a child and the applicant has exercised the power conferred by‐
(a) subsection (3) (c) of this section, but it appears to the applicant that it is safe for the child to be so returned; or
(b) Subsection (3) (d) of this section, but it appears to the applicant that it is safe for the child to be allowed to be removed from the place in question, the applicant shall return the child or allow the child to be so removed, as the case may be.
(10) Where the applicant is required by subsection (9) of this section to return the child, the applicant shall –
(a) return the child to the care of the person from whose care the child was removed; or
(b) if that is not reasonably practicable, return the child to the care of‐
(i) a parent of the child; or
(ii) a person who, though not a parent of the child, has parental responsibility for the child; or
(iii) such other person as the applicant, with the agreement of the Court, considers
appropriate.
(11) Where the applicant has returned a child or allowed a child to be removed as required by subsection (9) of this section, the applicant may again, exercise the powers conferred by subsection (3) (c) and (d) of this section at any time while the emergency protection order remains in force, if it appears to the applicant that a change in the circumstances of the case makes it necessary for him to do so.
(12) Where an emergency protection order is in force, the applicant shall, subject to any direction given under subsection (5) of this section, allow the child reasonable contact with‐
(a) the parent of the child;
(b) a person who, though not a parent of the child, has parental responsibility for the child;
(c) a person with whom the child was living immediately before the making of the order;
(d) a person in whose favour a contact order 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; and
(f) a person acting on behalf of any of the persons specified in paragraphs (a) to (e) of this subsection.
(13) Whether it is reasonably practicable to do so, an emergency protection order shall name the child, and where it does not name the child it shall describe the child, as clearly as possible.
(14) A person who willfully obstructs a person exercising the power under subsection (3) (c) and (d) of this section to remove, or prevent the removal of a child, commits an offence and is liable on summary conviction to a fine of two thousand, five hundred naira or imprisonment for a term of three months or to both such fine and imprisonment.
