Section 61 Child’s Right Act

Section 61 Child’s Right Act 2003 is about Discharge and variation, etc., of care orders and supervision orders. It is under Part VI (Care and Supervision) of the Act.

(1) The Court may vary or discharge a care order on the application of‐
(a) a person who has parental responsibility for the child; or
(b) the child himself ; or
(c) The state Government or appropriate authority designated by the order.

(2) The Court may vary or discharge a supervision order on the application of ‐
(a) a person who has parental responsibility for the child;
(b) the child himself; or
(c) the supervisor.

(3) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, the Court may vary a supervision order in so far as it imposes a requirement which affects that person.

(4) Where a care order is in force, the Court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order.

(5) When the Court is considering whether to substitute one order for another under subsection (4) of this section, any provision of this Act which would otherwise require section 52 (2) of this Act to be satisfied, at the time when proposed order is substituted or made, shall be disregarded.

(6) The making of a residence order with respect to a child who is the subject of a care order discharges the care order.