Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 3.42

FORM 59 S APPLICATION BY PRINCIPAL REPORTER FOR FURTHER DETENTION OF CHILD

Section 67 of the Children (Scotland) Act 1995

Case No

Date lodged

Application to Sheriff Court AT

for further detention of a child under section 67 of the Children’s Scotland Act 1995

Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE APPLICANT BELIEVES SHOULD RECEIVE NOTICE OF THE APPLICATION

APPLICANT	[insert name, designation, address, telephone, DX and fax numbers of Principal Reporter]
CHILD	[insert name, address, gender and date of birth] *
SAFEGUARDER	[insert name, address, telephone, DX and fax numbers (if known) of any safeguarder appointed by a children’s hearing or court in respect of the child]
RELEVANT PERSON(S)	[insert name, address, telephone numbers (if known) and the basis for the person being a relevant person within the meaning of section 93(2)(b) of the Act]
ANY OTHER PERSON WHO SHOULD RECEIVE NOTICE OF THE APPLICATION	[insert name, address, telephone numbers (if known) of person and provide details of their interest in the application and/or child]

*Note: Information to be provided at part 3 below where applicant does not wish to disclose the address or whereabouts of the child or any other person to persons receiving notice of the application.

Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

On[date] *[a children’s hearing for [local authority] or Sheriff Court] granted a warrant to the applicant under section *66(1) and/or 67(1) of the Children (Scotland) Act 1995 in respect of[insert name of child].(narrate details of all warrants and extensions granted in respect of the hearing)

*delete as appropriate

The case in relation to the said[insert name of child] has not been finally disposed of.[Narrate reason for application and history of case to date]

[Insert here details and grounds for any order sought in relation

(a) to non-disclosure of address or whereabouts of child; or

(b) service of restricted documents on child.]

Part 3. DETAILS OF ORDER SOUGHT FROM THE SHERIFF

It being necessary that the child’s detention be continued the Principal Reporter therefore makes application to the sheriff to

i. Assign a diet for the hearing of the application;

ii. Grant warrant for intimation of this application on

a. The child, together with a notice in form 30; and

b. The persons listed in paragraph 1 of this application, together with a notice in form 38.

c. Dispense with service on the child or any other person for the following reasons[insert details]

iii. Grant warrant for the continued detention of[insert name of child] for a period of[insert period sought.]

Principal Reporter....................

[name and address telephone, DX and fax numbers]