Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 3.45(1)

FORM 60 S FORM OF APPLICATION TO SHERIFF UNDER SECTION 65 OF THE ACT

SHERIFF COURT AT [insert place]

APPLICANT:

[insert name, address and designation of applicant,

in the case of

[insert name and address of child]

1.  On[date] a children’s hearing for[local authority] gave a direction to the Principal Reporter under section *65(7) or 65(9) of the Children (Scotland) Act 1995 in respect of[insert name of child]. The hearing appointed[insert name and designation] as a safeguarder / no safeguarder was appointed.* S

2.  A copy of the statement by the Principal Reporter of the grounds for the referral of the case of the said[insert name of child] to the children’s hearing is attached together with any report of the safeguarder appointed for the purpose of safeguarding the interests of the child in the proceedings. S

*3.  The said[insert name of child] or[insert name and address and status of the relevant person or persons] did not accept the grounds of referral so far as relating to conditions[specify conditions/ statements not accepted] of the statement of the Principal Reporter. S

OR

*4.  The children’s hearing were satisfied that the said[insert name of child] will not be capable of understanding or has not understood the explanation of the grounds of referral given under section 65(4) of the Act. S

5.  The Principal Reporter therefore makes application to the sheriff to find whether the grounds of referral not accepted by the said *[insert name of child] or[insert name of relevant person or persons] *or not understood by the said child are established. S

6.  The Principal Reporter requests the sheriff to remove the obligation on the child to attend the hearing in view of[insert reason(s)]. And to dispense with service on[insert name and give reasons] * S

....................

[name, designation and address telephone, DX and fax numbers]

Date....................

[Place and Date]

The court assigns[date] at[hour] within the[name court] in chambers at[place] for the hearing of the application; appoints the Principal Reporter forthwith *

a. to serve a copy of the application and relative statement of grounds of referral and this warrant on,

i. the child, together with a notice in form 31 or orders service of the following documents only [insert details of documents to be served on child, eg, notice in form 31 only]; and

ii. [insert name of relevant person or persons] together with a notice in form 39;

iii. the safeguarder[insert name and designation] appointed by the sheriff,*

*delete as appropriate

*b. Orders that the address of[insert name] should not be disclosed in the application.

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

*d. Dispenses with the obligation on the child to attend the hearing in view of[insert details]

and grants warrant to cite witnesses and havers.

....................

*Sheriff or Sheriff Clerk

*delete as appropriate