Removing a child from home is the most serious thing the Lukautim Pikinini Act 2015 allows. It is tightly channelled.
A child is entitled to live with his parents unless it is determined that it is in the best interests of the child to separate him from his parents and place him in a child-friendly place or out-of-home care in accordance with this Act.
There is no lawful removal outside the Act’s machinery.
Removal after a search
(1) Where as a result of a search under section 43 an offence is found to be proved, the child and his belongings may be immediately removed to a place of safety.
(2) A child removed under subsection (1) shall be moved to a place of safety authorised by the Director.
(3) Where the child requires medical or psychosocial support, the Director shall ensure that such support is provided to the child.
“And his belongings.” The child does not leave with nothing. Clothing, school things, and whatever a child owns go with the child — a small provision that matters a great deal to a child being taken from home.
“A place of safety authorised by the Director.” The destination is not left to whoever conducts the search. The Director controls where children go. Under section 52(2), that may be a member of the child’s own family, an approved foster parent or other suitable person, or an approved child-friendly place.
“Shall ensure.” Subsection (3) is mandatory. Medical and psychosocial support is not discretionary where the child needs it.
The four ways a child may be taken
| Route | Trigger | Warrant? |
|---|---|---|
| s 44 — after a search | An offence found to be proved on a s 43 search | Yes — s 43 |
| s 46 — immediate danger | Reasonable grounds that the child’s health or safety is in immediate danger | No |
| s 49 — lost or runaway | It appears the child is lost or has run away from home | No |
| s 99 — court order | A finding under s 97 that the child is in need of protection | Court order |
None of them decides where the child will live in the long run. Section 51 makes that explicit: the Office has the care of the child until the child is returned, or a Court makes an order.
Only the Family Court can make a lasting order, and only after a hearing, a finding and a care plan.
What constrains the decision to remove
(d) the preferred environment for the care and upbringing of a child is his own family;
(f) where a child is considered to be in need of care or protection, the necessary assistance or support should be provided to the family, wherever practicable, so that the child may remain;
(g) the course followed must be the least intrusive intervention in the life of the child and his family consistent with the paramount concern to protect the child from harm;
(h) interventions should be aimed at remedying the harmful situation and providing a plan to return the child to his family, unless contrary to his best interests;
(j) where removal is necessary, alternative care within his own family or community, and the child’s name, identity, language, cultural and religious ties preserved as far as possible;
(k) a child in care is entitled to maintain close relationships with parents, siblings, extended family, peers, family friends and community, unless contrary to his best interests.
Paragraphs (f) and (g) require that support be tried first, and that whatever is done be the least intrusive option that will protect the child. Paragraph (h) requires a plan to return the child.
Paragraph (j) then shapes where a removed child goes: within the family or community if possible. That reflects both the child’s interests and the reality of extended-family care in Papua New Guinea — the same reality recognised in section 9(2)(a).
Immediately after removal
1. Notification. Section 50 — the Office or police must promptly make all reasonable efforts to notify each parent, and unless impracticable do so in writing with a statement of the reasons.
2. Custody. Section 51 — the Office has the care of the child; the Director may authorise a health care provider to examine the child and consent to necessary health care.
3. Placement. Section 52 — the Director makes provision for the child’s care.
4. Register. The child is entered on the register of children in need of protection kept under section 15(1)(a).
A place of safety and any out-of-home care centre are subject to Part IX licensing and inspection, and section 78 creates offences against children in care. Removing a child from a licensed place is separately regulated by section 71.
Sources
- Lukautim Pikinini Act 2015 — ss 5, 7, 9, 15, 43–52, 71, 78, 97–99
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.