Section 45 Child’s Right Act
Section 45 Child’s Right Act 2003 is about Duty of a State Government to investigate. It is under Part IV (Protection of Children) of the Act.
(1) Where a State Government‐
(a) is informed that a child who lives, or is found, in the State‐
(i) is the subject of an emergency protection order; or
(ii) has been taken into police protection; or
(b) has reasonable cause to suspect that a child who lives, or is found, in the State, is suffering, or is likely to suffer, significant harm, the State Government shall make, or cause to be made, such enquiries as it considers necessary to enable it to decide whether it should take any action to safeguard or promote the welfare of the child.
(2) Where a State Government has obtained an emergency protection order with respect to a child,it shall make, or cause to be made, such enquiries as it considers necessary to enable it to decide what action it should take to safeguard or promote the welfare of the child.
(3) The enquiries made under subsection (2) of this section shall, in particular, be directed towards establishing‐
(a) whether the State Government should make an applicant to the Court, or exercise any of its other powers under this Act, with respect to the child;
(b) whether, in the case of a child‐
(i) with respect to whom an emergency protection order has been made; and
(ii) who is not in accommodation provided by or on behalf of the appropriate authority, it would be in the best interest of the child, while an emergency protection order remains in force for the child to be in an accommodation so provided; and
(c) whether in the case of a child who has been taken into police protection, it would be in the best interests of the child for the appropriate authority to ask for an application to be made under section 43(6) of this Act.
(4) Where enquiries are being made under subsection (1) of this section with respect to a child, the State Government concerned shall, with a view to enabling it to determine what action, if any, to take respect to the child, take such steps as are reasonably practicable to‐
(a) obtain access to the child; or
(b) ensure that access to the child is obtained, on its behalf, by a person authorised by it for the purpose, unless the State Government is satisfied that it already has sufficient information with respect to the child.
(5) Where, as a result of enquiries under this section, it appears to the State Government that there are matters connected with the education of the child which should be investigated, it shall consult the relevant education authority.
(6) Where, in the course of enquiries under this section, an officer of the State Government concerned or a person authorised by the State Government to act on its behalf in connection with those enquiries is –
(a) refused access to the child concerned; or
(b) denied information as to the whereabouts of the child, the State Government shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child, unless it is satisfied that the welfare of the child can be satisfactorily safeguarded without its doing so.
(7) If, on conclusion of any enquiry or review made under this section, the State decides not to apply for an emergency protection order, a child assessment order, a care order, or a supervision order, it shall‐
(a) consider whether it would be appropriate to review the case at a later date; and
(b) if it decides that it would be appropriate to review the case, determine the date on which that review is to begin.
(8) Where, as a result of complying with this section, a State Government concludes that it should take action to safeguard or promote the welfare of the child, it shall take that action, if the action is within its power and it is reasonably practicable for it to do so.
(9) Where a State Government is making an enquiry under this section, the State Government referred to in subsection (11) of this section shall assist it with the enquiry, in particular, by providing relevant information and advice, if called on by the State Government to do so.
(10) Subsection (9) of this section does not oblige a State Government to assist any other State Government where doing so would be unreasonable in all circumstances of the case.
(11) Where a State Government is making an enquiry under this section with respect to a child who appears to it to be ordinarily resident within another State, it shall consult the Government of that other State and the Government of that other State may undertake the necessary enquiry in the place of the State Government that commenced the enquiry.
