12 Removal of foster children kept in unsuitable surroundings.S
(1)If the sheriff is satisfied, on a complaint of a local authority, that a foster child is being kept or is about to be received—
(a)by any person who is unfit to have his care, or
(b)in contravention of section 7 or of any prohibition imposed by a local authority under section 10, or
(c)in any premises or environment detrimental or likely to be detrimental to him,
the sheriff may make an order for his removal to a place of safety until he can be restored to a parent, relative or guardian of his or until other arrangements can be made with respect to him.
(2)On proof that there is imminent danger to the health or well-being of the child, the power to make an order under this section may be exercised by a justice of the peace acting on the application of a person authorised to visit foster children.
(3)An order under this section made on the ground that a prohibition of a local authority under section 10 has been contravened may require the removal from the premises of all the foster children kept there.
(4)An order under this section may be executed by any person authorised to visit foster children or by any constable.
[F1(5)For the purposes of section 25of the Children (Scotland) Act 1995 (and for the reason mentioned in subsection (1)(c) of that section) a child removed under this section shall be regarded as requiring accommodation.]
(6)Where a child is removed under this section, the local authority shall, if practicable, inform a parent or guardian of the child, or any person who acts as is guardian.
Textual Amendments
F1S. 12(5) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(5); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)