Section 59 Child’s Right Act
Section 59 Child’s Right Act 2003 is about Power of Court in proceedings where question of welfare of child arises. It is under Part VI (Care and Supervision) of the Act.
(1) Where, it appears to the Court in proceedings in which a question arises as to the welfare of a child, that it may be appropriate for a care or supervision order to be made with respect to that child, the Court may direct the appropriate authority to undertake an investigation of the child’s circumstances.
(2) Where the Court gives a direction under this section, the appropriate authority concerned shall, when undertaking the investigation, consider whether it should‐
(a) apply for a care order or a supervision order with respect to the child; or
(b) provide services as assistance for the child and his family; or
(c) take any other action with respect to the child.
(3) Where the appropriate authority undertakes an investigation under this section and decides not to apply for a care order or supervision order with respect to the child concerned, the appropriate authority shall inform the Court of‐
(a) its reasons for so deciding;
(b) any service or assistance which it has provided, or intends to provide, for the child and his family; and
(c) any other action which it has taken or proposes to take, with respect to the child.
(4) The information referred to in subsection (3) of this section shall be given to the Court before the end of the period of eight weeks, beginning with the date of the direction, unless the Court otherwise directs.
(5) If, on the conclusion of an investigation or review under this section, the appropriate authority decides not to apply for a care order or supervision order with respect to the child, the appropriate authority shall consider whether it would be appropriate to review the case at a later date.
(6) If the appropriate authority, decides that it would review the case pursuant to subsection (5) of this section, it shall determine the date ob which that review is to begin.
(7) In this section, the appropriate authority, means‐
(a) the authority in whose State the child is ordinarily resident; or
(b) where the child does not reside in the State, the authority within whose State any circumstances arose in consequence of which the direction is being given.
