C6

Prospective affecting provisions:

• definitions inserted into subs. (1) by Child Care (Amendment) Act 2011 (19/2011), s. 3(a),

• para. (da) in definition of “children’s residential centre” inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b),

• definition inserted into subs. (1) by Health Act 2007 (23/2007), s. 105 and sch. 2 pt. 1 item 1(a), and

• subs. (3) inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b)

not commenced as of date of revision.

Interpretation.

2.— (1) In this Act, except where the context otherwise requires—

F6 [ “ Act of 2001 ” means the Children Act 2001 ; ]

F1 [ “ Act of 2011 ” means the Child Care (Amendment) Act 2011 ;

“ aftercare plan ” means an aftercare plan prepared under section 45B or 45C ;

“ assessment of need ” shall be construed in accordance with section 45A ; ]

F2 [ ‘ broadcast ’ has the same meaning as it has in section 2 of the Broadcasting Act 2009 ; ]

“ child” means a person under the age of 18 years other than a person who is or has been married;

F7 [ ‘ children ’ s residential centre ’ means an institution for the residential care of children in the care of the F8 [ Child and Family Agency ] or of other children in need of adequate care and protection but does not include —

( a ) an institution managed by or on behalf of a Minister of the Government,

( b ) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care,

( c ) an institution for the care and maintenance of children with a disability,

( d ) an institution approved in accordance with the Mental Health Acts 1945 to 2001,

F9 [ ( da ) a special care unit, ]

( e ) a children detention school as defined in section 3 of the Children Act 2001 ; ]

F1 [ “ eligible adult ” , subject to subsections (1A) and (1B) , means a person aged 18, 19 or 20 years who was in the care of the Child and Family Agency for a period of not less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years;

“ eligible child ” , subject to subsections (1C) and (1D) , means a child aged 16 years or over who —

(a) is in the care of the Child and Family Agency and has been in the care of the Agency for a period of not less than 12 months since attaining the age of 13 years, or

(b) was in the care of the Child and Family Agency for a period of not less than 12 months since attaining the age of 13 years but is no longer in the care of the Agency; ]

“ functions” includes powers and duties;

F4 [ … ]

F6 [ ‘ interim special care order ’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ]

F5 [ ‘ Minister ’ means the Minister for Children and Youth Affairs. ]

“ parents” includes a surviving parent and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1988, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;

“ prescribed” means prescribed by regulations made by the Minister.

F2 [ ‘ publish ’ means publish, other than by way of broadcast, to the public or a portion of the public. ]

F6 [ ‘ special care ’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);

‘ special care order ’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);

‘ special care unit ’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011). ]

F1 [ (1A) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a person was in the care of the Health Service Executive in accordance with this Act for any period of time in the 5 year period immediately prior to the person attaining the age of 18 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.

(b) Where a person was in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a) ) of less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years, a period of time spent by that person in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 , under section 5 in the 5 year period immediately prior to the person attaining the age of 18 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.

(1B) A reference in the definition of eligible adult to the care of the Child and Family Agency includes —

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA , and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA .

(1C) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a child was in the care of the Health Service Executive in accordance with this Act for any period of time since attaining the age of 13 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible child.

(b) Where a child is or has been in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a) ) of less than 12 months since attaining the age of 13 years, a period of time spent by the child in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 , under section 5 since attaining the age of 13 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible child.

(1D) A reference in the definition of eligible child to the care of the Child and Family Agency includes —

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA , and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA . ]

(2) In this Act—

( a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that a reference to some other enactment is intended;

( b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

( c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

F10 [ (3) For the purposes of the definition of ‘ children ’ s residential centre ’ in subsection (1) , ‘ institution ’ means a home, centre or institution or part of a home, centre or institution. ]

C7

Prospective affecting provision: subs. (2) amended by Child Care (Amendment) Act 2011 (19/2011), s. 5, not commenced as of date of revision.

(2) Without prejudice to the provisions of Parts III, F25 [ IV , IVA (as amended by the Child Care (Amendment) Act 2011) ] and VI , nothing in this section shall authorise F21 [ the F19 [ Child and Family Agency ] ] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 17 of 1991	Child Care Act 1991	Sections 7(4) and 70(2)
...	...	...

C9

Application of section extended (1.03.2007) by Children Act 2001 (24/2001), s. 53(4) and (5), S.I. No. 64 of 2007.

Duty of Garda Síochána in relation to certain under-age children.

53.— ...

(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

(a) that there is an immediate and serious risk to the health or welfare of the child, and

(b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by [the F59 [ Child and Family Agency ] ] under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

C10

Application of section extended by (1.05.2002) Children Act 2001 (24/2001), s. 254(4), S.I. No. 151 of 2002.

Powers of arrest without warrant, etc.

254.— ...

(4) Where a member of the Garda Síochána makes an arrest under this section and the member has reasonable grounds for believing that—

(a) there is an immediate and serious risk to the safety, health or wellbeing of the child, and

(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by [the Child and Family Agency ] under section 13 of the Act of 1991,

the member may remove the child to safety and the provisions of Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

C11

Application of subs. (4) extended (1.11.2006) by Mental Health Act 2001 (25/2001), s. 23(4), S.I. No. 411 of 2006.

Power to prevent voluntary patient from leaving approved centre.

23.— ...

(4) The provisions of section 13(4) of the Child Care Act, 1991, shall apply to the making of an application in respect of a child to whom this section applies with any necessary modifications.

C12

References to “psychiatric examination, treatment or assessment” under subs. (7) restricted (1.11.2006) by Mental Health Act 2001 (25/2001), s. 25(15), S.I. No. 411 of 2006.

Involuntary admission of children.

25.— ...

(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

C13

Prospective affecting provision: section substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, pt. 1, item 2, not commenced as of date of revision.

F74 [ Provision of accommodation for purposes of Part III.

15. — The F73 [ Child and Family Agency ] shall provide or make arrangements with suitable persons for the provision of suitable accommodation for the purposes of this Part. ]

C14

Prospective affecting provision: subss. (9) and (10) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 8, not commenced as of date of revision.

F85 [ (9) Where a care order —

( a ) has been made in respect of a child and —

(i) during the period for which the care order has effect a special care order or an interim special care order is made in respect of the child, and

(ii) the care order ceases to have effect during the period for which the special care order or interim special care order has effect,

or

( b ) has not been made in respect of a child and a special care order or an interim special care order has been made in respect of that child,

the F83 [ Child and Family Agency ] may apply for a care order in respect of that child during the period for which the special care order or interim special care order has effect.

(10) Where the District Court makes a care order, pursuant to the application referred to in subsection (9) , during the period for which the special care order or interim special care order has effect, it shall direct that the care order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order. ]

C15

Prospective affecting provision: subss. (8) and (9) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 9, not commenced as of date of revision.

F89 [ (8) Where a supervision order —

( a ) has been made in respect of a child and —

(i) during the period for which the supervision order has effect a special care order or an interim special care order is made in respect of the child, and

(ii) the supervision order ceases to have effect during the period for which the special care order or interim special care order has effect,

or

( b ) has not been made in respect of a child and a special care order or interim special care order has been made in respect of that child,

the F87 [ Child and Family Agency ] may apply for a supervision order in respect of that child during the period for which the special care order or interim special care order has effect.

(9) Where the District Court makes the supervision order, pursuant to the application referred to in subsection (8) , during the period for which the special care order or interim special care order has effect, it shall direct that the supervision order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order. ]

C16

Application of subs. (5) affected (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2), (3), S.I. No. 662 of 2010. The Euro equivalent of £500 is €634.87.

Definitions

3.— In this Part— ...

“class D fine” means a fine not exceeding €1,000;

...

Class D fines

7.— ...

(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class D fine.

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class D fine.

TABLE

Reference Number (1)	Period (2)	Range of amounts (3)
...	...	...
2.	1 January 1990 to 31 December 1996	Not greater than €692 but greater than €346
...	...	...

C17

References to “psychiatric examination, treatment or assessment” under subs. (4) restricted (1.11.2006) by Mental Health Act 2001 (25/2001), s. 25(15), S.I. No. 411 of 2006.

Involuntary admission of children.

25.— ...

(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

C18

Prospective affecting provisions: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F107 [ PART IVA

Children in need of Special Care or Protection

Interpretation.

23A. — In this Part —

‘ Act of 2007 ’ means the Health Act 2007 ;

‘ care requirements ’ means the care a child requires having regard to his or her behaviour;

‘ Children Act order ’ means —

( a ) a reprimand referred to in section 98 of the Act of 2001,

( b ) an order referred to in paragraph ( a ), ( b ), ( c ), ( d ), ( e ) or ( f ) of section 98 of the Act of 2001, or

( c ) a community sanction referred to in paragraph ( a ), ( b ), ( c ) or ( d ) of section 115 of the Act of 2001 and such sanction is not subject to a condition referred to in paragraph ( d ) of section 117 of the Act of 2001;

‘ children detention order ’ has the meaning assigned to it by section 3 of the Act of 2001;

‘ custodial sentence ’ means —

( a ) a children detention order but does not include a children detention order the making of which has been deferred under section 144 of the Act of 2001,

( b ) a detention and supervision order referred to in section 151 of the Act of 2001, or

( c ) a sentence referred to in section 155 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001;

‘ family welfare conference ’ has the meaning assigned to it by the Act of 2001;

‘ guardian ’ , in relation to a child, means a person who —

( a ) is a guardian of a child pursuant to the Guardianship of Infants Act 1964 , or

( b ) is appointed to be a guardian of the child by —

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

‘ interim special care order ’ means an order made under section 23L ;

‘ relative ’ has the meaning assigned to it in section 23O (inserted by the Act of 2001);

‘ special care ’ shall be construed in accordance with section 23C ;

‘ special care order ’ means an order made under section 23H ;

‘ special care unit ’ means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care;

‘ suspended custodial sentence ’ means a custodial sentence which does not take effect immediately it is imposed and does not include —

( a ) a children detention order the making of which has been deferred under section 144 of the Act of 2001, or

( b ) a period of detention which has been suspended under section 144(9)( b ) of the Act of 2001. ]

C19

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F113 [ Provision of special care and special care units.

23B. — (1) The F110 [ Child and Family Agency ] shall provide special care to a child in respect of whom a special care order or an interim special care order has been made for the period for which that special care order or interim special care order has effect.

(2) The F110 [ Child and Family Agency ] shall not detain a child in a special care unit unless the detention is pursuant to, and in accordance with, a special care order or an interim special care order made in respect of that child or the High Court has otherwise ordered.

(3) The F110 [ Child and Family Agency ] shall —

( a ) provide special care units, and

( b ) maintain and administer special care units provided by it under paragraph (a) ,

and shall comply with regulations, if any, made under the Act of 2007 in relation to special care units and standards, if any, set out under section 8(1)( b ) of the Act of 2007.

(4) Notwithstanding subsection (3) and subject to subsection (5) , the F110 [ Child and Family Agency ] may, for the purposes of this Part, enter into an arrangement with a person under F114 [ section 58 of the Child and Family Agency Act 2013 ] in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit.

(5) Without prejudice to the generality of F115 [ section 58 of the Child and Family Agency Act 2013 ] and to any term, condition of or other matter relating to an arrangement under that section as the F110 [ Child and Family Agency ] , in accordance with that section, considers appropriate, for the purposes of this Part —

( a ) the provisions specified in subsection (6) shall apply to a person with whom that arrangement is entered into,

( b ) the F110 [ Child and Family Agency ] , in relation to an arrangement referred to in subsection (4) , shall —

(i) supervise and monitor the special care unit provided, maintained and administered under the arrangement and the provision of special care in that unit, and

(ii) establish procedures for the notification to it of the release of a child pursuant to and in accordance with section 23NF(9) ,

( c ) where a child, in respect of whom a special care order or an interim special care order has been made —

(i) is, without lawful authority or the consent or the knowledge of the F110 [ Child and Family Agency ] or the person with whom such arrangement is entered into, removed from a special care unit provided pursuant to such arrangement,

(ii) absconds from a special care unit provided pursuant to such arrangement,

(iii) fails to return, or is prevented from returning, to a special care unit provided pursuant to such arrangement, or

(iv) is missing or is otherwise absent, without the consent or knowledge of the F110 [ Child and Family Agency ] or the person with whom such arrangement has been entered into, from a special care unit provided pursuant to such arrangement or place to which he or she has been released in accordance with section 23NF or 23NG ,

the person with whom such arrangement has been entered into shall forthwith inform the F110 [ Child and Family Agency ] ,

( d ) guidelines prepared and published by the F110 [ Child and Family Agency ] under section 23NO in respect of the procedures referred to in paragraphs (a) and (c) of that section shall apply to a person with whom such arrangement has been entered into, and

( e ) nothing in that arrangement or this Act shall be construed as permitting the person, with whom the arrangement referred to in subsection (4) was entered into, to apply for —

(i) a special care order or an interim special care order,

(ii) an extension, discharge or variation of such order, or

(iii) the release of the child under section 23NF(1) or 23NG ,

or to make an application to the High Court in respect of proceedings under or pursuant to this Part.

(6) The provisions referred to in subsection (5)(a) are —

( a ) subsections (1) , (2) and (3) ,

( b ) subsections (1) and (5) of section 23D ,

( c ) section 23E(6) ,

( d ) paragraphs (b) and (f) of subsection (1) of section 23ND , and

( e ) paragraphs (a) and (b) of subsection (9) of section 23NF . ]

C20

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F120 [ Special care.

23C. — In this Part ‘ special care ’ means the provision, to a child, of —

( a ) care which addresses —

(i) his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare, and

(ii) his or her care requirements,

and includes medical and psychiatric assessment, examination and treatment, and

( b ) educational supervision,

in a special care unit in which the child is detained and requires for its provision a special care order or an interim special care order directing the F118 [ Child and Family Agency ] to detain the child in a special care unit, which the F118 [ Child and Family Agency ] considers appropriate for the child, for the purpose of such provision and may, during the period for which the special care order or interim special care order has effect, include the release of the child from the special care unit —

(i) in accordance with section 23NF , and

(ii) where the release is required for the purposes of section 23D or 23E , in accordance with section 23NG . ]

C21

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F123 [ 23D. — (1) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, subject to subsection (6) and section 23E , nothing in this Act shall be construed as preventing the F124 [ Child and Family Agency ] from providing special care to such child in accordance with a special care order or an interim special care order.

(2) Without prejudice to the generality of subsection (1) , subject to subsection (6) and section 23E —

( a ) where a child is charged with an offence and the proceedings in respect of that charge have not been determined, nothing in this Act shall be construed as preventing —

(i) the F124 [ Child and Family Agency ] from applying for a special care order or an interim special care order and, where the order is made in respect of that child, from applying for an extension of that order under section 23J or, as the case may be, section 23N , in respect of that child, or

(ii) the High Court from hearing and determining an application referred to in subparagraph (i),

and

( b ) where a special care order or an interim special care order has been made in respect of a child and that child is charged with an offence during the period for which a special care order or an interim special care order has effect, nothing in this Act shall be construed as —

(i) requiring the special care order or interim special care order to be discharged,

(ii) preventing the F124 [ Child and Family Agency ] from making an application to extend the period for which, under section 23J , a special care order or, under section 23N , an interim special care order, has effect, or

(iii) preventing the High Court from hearing and determining an application referred to in subparagraph (ii),

before the proceedings in respect of that charge are determined and the F124 [ Child and Family Agency ] shall, as soon as practicable, inform the Court hearing that charge that the child is the subject of a special care order, or an interim special care order, and of the period for which the order has effect.

(3) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, without prejudice to section 24 , when considering —

( a ) an application for a special care order or an interim special care order in respect of that child,

( b ) an application, in respect of that child, to extend the period for which —

(i) under and in accordance with section 23J , the special care order has effect, or

(ii) under and in accordance with section 23N , the interim special care order, has effect,

or

( c ) an application under section 23NG , in respect of that child, to vary the special care order or interim special care order to authorise the release of a child from a special care unit for the purposes of the hearing of that charge and any other matter relating to the conduct of the proceedings in which that charge is heard,

the High Court shall have regard, at all times, to the rights of the child who is the subject of that application including his or her rights in the proceedings in which that charge is heard and without prejudice to the generality of the foregoing, the High Court shall not make, or vary, such order or extend such period or give a direction in respect of such order, extension or variation which would prejudice, or otherwise interfere with, the rights of the child in the proceedings in which that charge is heard and the conduct of those proceedings.

(4) Where the F124 [ Child and Family Agency ] makes an application —

( a ) for a special care order or an interim special care order, or

( b ) to extend the period for which —

(i) under section 23J , the special care order has effect, or

(ii) under section 23N , the interim special care order has effect,

in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F124 [ Child and Family Agency ] shall —

(i) inform the High Court of —

(I) that charge and those proceedings,

(II) any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of the hearing of that charge and the conduct of those proceedings, and

(III) without prejudice to the generality of subparagraph (II) , any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of subsection (5)(b) and (5)(c) ,

and

(ii) inform the Court hearing that charge —

(I) of the application referred to in paragraph (a) and, where the High Court makes a special care order or an interim special care order, to inform the Court hearing that charge that the order concerned was made and the period for which it has effect, or

(II) of the application referred to in paragraph (b) and where the order has been extended, to inform the Court hearing that charge of the period for which that order was extended.

(5) Where a special care order or an interim special care order has been made in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F124 [ Child and Family Agency ] shall —

( a ) convey the child to the Court hearing that charge,

( b ) provide the child with access to the solicitor and counsel representing the child in the proceedings relating to that charge, and

( c ) convey the child to any other place, or provide the child with access to any other person for the purposes of the representation of that child in, or any other matter relating to the hearing, or conduct, of those proceedings in respect of that charge.

(6) Where a child referred to in paragraph (a) or (b) of subsection (2) is remanded in custody, whether pursuant to section 88 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001 or otherwise, before the proceedings in respect of that charge are heard and determined, nothing in this Act shall be construed as operating to prevent the remand of that child in custody and —

( a ) the F124 [ Child and Family Agency ] shall not make an application for a special care order or an interim special care order or an application under section 23J or 23N in respect of that child and where such application was made but not determined before the child was remanded in custody, the F124 [ Child and Family Agency ] shall withdraw the application, or

( b ) where a special care order or an interim special care order has been made and has effect before the child is remanded in custody, nothing in this Act shall be construed as requiring the F124 [ Child and Family Agency ] to continue to provide special care to that child and the F124 [ Child and Family Agency ] shall apply to the High Court to have such special care order or interim special care order discharged.

(7) In this section, ‘ Court hearing that charge ’ includes the Children Court referred to in section 71 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001. ]

C22

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F127 [ Custodial sentence, deferred children detention order, Children Act order and provision of special care.

23E. — (1) Subject to subsections (7) , (9) and (10) , nothing in this Act shall be construed as preventing the F126 [ Child and Family Agency ] from providing special care, in accordance with a special care order or an interim special care order, to a child who has been found guilty, or convicted, of a criminal offence and where, following such conviction —

( a ) a custodial sentence was imposed on the child and that sentence has been served,

( b ) a suspended custodial sentence has been imposed on that child,

( c ) the making of a children detention order has been deferred, in respect of that child, in accordance with section 144 of the Act of 2001,

( d ) any detention imposed in accordance with section 144(9)( a ) of the Act of 2001 on the child has been served,

( e ) a period of detention, imposed in respect of the child in accordance with section 144(9)( b ) of the Act of 2001, has been suspended, or

( f ) a Children Act order has been made in respect of that child,

and without prejudice to the generality of the foregoing nothing in this Act shall be construed as preventing the F126 [ Child and Family Agency ] from applying for a special care order or an interim special care order and, where the order is made in respect of such child, from applying for an extension under section 23J or 23N in respect of such child, or as preventing the High Court from hearing and determining such application.

(2) Without prejudice to subsection (1) , where a child is the subject of a special care order or an interim special care order and during the period for which the order has effect a suspended custodial sentence is imposed on that child, the making of a children detention order has been deferred in respect of that child under section 144 of the Act of 2001, a period of detention has, under section 144(9)( b ) of the Act of 2001, been suspended in respect of that child or a Children Act order is made in respect of that child, subject to subsections (7) , (9) and (10) , nothing in this Act shall be construed as —

( a ) requiring the special care order or interim special care order to be discharged,

( b ) preventing the F126 [ Child and Family Agency ] from making an application to extend the period for which —

(i) under section 23J , such special care order has effect, or

(ii) under section 23N , such interim special care order, has effect,

or

( c ) preventing the High Court from hearing and determining an application referred to in paragraph ( b ),

and the F126 [ Child and Family Agency ] shall, as soon as practicable, inform the Court which imposed the suspended custodial sentence, deferred making the children detention order, suspended the period of detention or made the Children Act order that the child is the subject of a special care order or an interim special care order and the period for which such order has effect.

(3) Where the F126 [ Child and Family Agency ] makes an application —

( a ) for a special care order or an interim special care order, or

( b ) to extend the period for which, under section 23J , a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made a suspended custodial sentence has been imposed in respect of the child who is the subject of that application, the F126 [ Child and Family Agency ] shall —

(i) inform the High Court of —

(I) such suspended custodial sentence and any terms, conditions and other requirements of such sentence, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of such suspended custodial sentence and subsection (6) ,

and

(ii) inform the Court which imposed the suspended custodial sentence —

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and of the period for which the order has effect, or

(II) of the application referred to in paragraph (b) , and where the order has been extended, to inform that Court of the period for which the order was extended.

(4) Where the F126 [ Child and Family Agency ] makes an application —

( a ) for a special care order or an interim special care order, or

( b ) to extend the period for which, under section 23J , a special care order or, under section 23N , an interim special care order, has effect,

and at the time the application is made the making of a children detention order has, in accordance with section 144 of the Act of 2001, been deferred in respect of the child who is the subject of that application, or a period of detention has, in respect of that child, been suspended under section 144(9)( b ) of that Act, the F126 [ Child and Family Agency ] shall —

(i) inform the High Court —

(I) that the making of a children detention order has been deferred under and in accordance with section 144 of the Act of 2001, that a period of detention has not been imposed at the time of the making of the application, and of any terms, conditions and other requirements of such children detention order or, in respect of such suspended period of detention, and

(II) of any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of such children detention order, or such suspension, and subsection (6) ,

and

(ii) inform the Court which deferred making such children detention order or suspended the period of detention —

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

(II) of the application referred to in paragraph (b) , and, where the order has been extended, to inform that Court of the period for which the order was extended.

(5) Where the F126 [ Child and Family Agency ] makes an application —

( a ) for a special care order or an interim special care order, or

( b ) to extend the period for which, under section 23J , a special care order or, under section 23N , an interim special care order, has effect,

and at the time the application is made a Children Act order has been made in respect of the child who is the subject of that application, the F126 [ Child and Family Agency ] shall —

(i) inform the High Court of —

(I) the Children Act order concerned and the terms, conditions and other requirements of that order, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of the Children Act order concerned and subsection (6) ,

and

(ii) inform the Court which made the Children Act order —

(I) of the application referred to in paragraph (a) and, where the special care order or the interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

(II) of the application referred to in paragraph (b) , and, where the order has been extended, to inform that Court of the period for which the order was extended.

(6) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect —

( a ) a suspended custodial sentence has been imposed in respect of that child,

( b ) the making of a children detention order has, in respect of the child, been deferred under section 144 of the Act of 2001,

( c ) a period of detention has been suspended in accordance with section 144(9)( b ) of the Act of 2001, or

( d ) a Children Act order is made in respect of the child,

the F126 [ Child and Family Agency ] shall take all steps reasonably open to it to assist that child to comply with the terms, conditions and other requirements of the suspended custodial sentence referred to in paragraph (a) , the children detention order referred to in paragraph (b) , the suspension referred to in paragraph (c) or the Children Act order referred to in paragraph (d) , and, without prejudice to the generality of the foregoing, shall —

(i) convey that child to any place which that child is required to attend pursuant to the custodial sentence referred to in paragraph (a) , the children detention order referred to in paragraph (b) , the suspension referred to in paragraph (c) , or the Children Act order referred to in paragraph (d) , and

(ii) provide that child with access to any person for the purposes of complying with the terms, conditions or other requirements of the custodial sentence referred to in paragraph (a) , the children detention order referred to in paragraph (b) , the suspension referred to in paragraph (c) , or the Children Act order referred to in paragraph (d) .

(7) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N , has been made in respect of a child and before that application has been determined —

( a ) a custodial sentence is imposed on that child and is to take effect immediately,

( b ) under section 144(9)( a ) of the Act of 2001, a period of detention is imposed in respect of that child and such period of detention is to take effect immediately,

( c ) a period of detention which had been suspended in accordance with section 144(9)( b ) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately, or

( d ) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

the F126 [ Child and Family Agency ] shall withdraw that application.

(8) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N , has been made in respect of a child and before that application has been determined —

( a ) a suspended custodial sentence is imposed on that child,

( b ) the making of a children detention order has been deferred, in respect of that child, under section 144 of the Act of 2001 or a period of detention has been suspended, in respect of that child, under section 144(9)( b ) of that Act, or

( c ) a Children Act order has been made in respect of that child,

the F126 [ Child and Family Agency ] shall inform the High Court as soon as practicable of the suspended custodial sentence referred to in paragraph (a) , the children detention order or suspension referred to in paragraph (b) or the Children Act order referred to in paragraph (c) and of any matter requiring the release of the child from the special care unit under section 23NG for the purposes of complying with such suspended custodial sentence, children detention order, suspension or Children Act order.

(9) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect —

( a ) a custodial sentence is imposed on that child and is to take effect immediately it is imposed, or

( b ) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or interim special care order shall operate so as to prevent the child from serving that custodial sentence and without prejudice to the generality of the foregoing the F126 [ Child and Family Agency ] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(10) Where a child is the subject of a special care order or an interim special care order and the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child, or a period of detention has been suspended in accordance with section 144(9)( b ) of that Act, and during the period for which such special care order or interim special care order has effect —

( a ) a period of detention is imposed under section 144(9)( a ) of the Act of 2001, in respect of that child and such period of detention is to take effect immediately, or

( b ) a period of detention which had been suspended in accordance with section 144(9)( b ) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or such interim special care order shall operate so as to prevent the child from being so detained and without prejudice to the generality of the foregoing the F126 [ Child and Family Agency ] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(11) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a suspended custodial sentence is imposed on that child —

( a ) the F126 [ Child and Family Agency ] shall inform the High Court of such suspended custodial sentence, any terms and conditions of such suspended custodial sentence and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such suspended custodial sentence, and

( b ) subject to subsection (9) , the F126 [ Child and Family Agency ] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(12) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child or a period of detention has been suspended in accordance with section 144(9)( b ) of that Act —

( a ) the F126 [ Child and Family Agency ] shall inform the High Court of such deferral or such suspension and of any terms and conditions of such deferral or suspension and of any matter requiring the release of the child from the special care unit, under section 23NG , for the purposes of complying with such deferral or suspension, and

( b ) subject to subsection (10)(a) or (10)(b) , the F126 [ Child and Family Agency ] shall, in accordance with such special care order or such interim special care order and this Act, continue to provide special care to the child.

(13) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a Children Act order is made in respect of that child —

( a ) the F126 [ Child and Family Agency ] shall inform the High Court of such Children Act order, any terms and conditions of such Children Act order and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such Children Act order, and

( b ) the F126 [ Child and Family Agency ] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(14) In this section references to a custodial sentence being served means, in the case of a custodial sentence which is a detention and supervision order, that the period for which that order was made has expired. ]

C23

Prospective affecting provision: subs. (12) substituted by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, not commenced as of date of revision.

23F.— ....

F132 [ (12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination was not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference. ]

C24

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F133 [ Determination by F130 [ Child and Family Agency ] that child requires special care.

23F. — (1) The F130 [ Child and Family Agency ] shall not apply for a special care order in respect of a child unless it is satisfied that the child has attained the age of 11 years and it has made a determination, in accordance with this section, that the child requires special care.

(2) Where —

( a ) the F130 [ Child and Family Agency ] is satisfied that there is reasonable cause to believe that the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

( b ) having regard to that behaviour and risk of harm, the F130 [ Child and Family Agency ] has assessed the care requirements of the child, and is satisfied that there is reasonable cause to believe that —

(i) the provision, or the continuation of the provision, by the F130 [ Child and Family Agency ] to the child of care, other than special care, and

(ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001 ,

will not adequately address that behaviour and risk of harm and those care requirements, and

( c ) having regard to paragraph ( b ), the F130 [ Child and Family Agency ] is satisfied that there is reasonable cause to believe that the child requires special care to adequately address —

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which it cannot provide to the child unless the High Court makes a special care order in respect of that child,

the F130 [ Child and Family Agency ] shall make arrangements to carry out the consultation referred to in subsection (3) .

(3) The F130 [ Child and Family Agency ] —

( a ) shall, subject to subsection (4) , consult with —

(i) the child,

(ii) the parent having custody of the child, unless the parent is dead, missing or cannot be found, and

(iii) a guardian, if any, or a person, if any, acting in loco parentis , unless that guardian or person is missing or cannot be found,

and

( b ) may, having regard to all the circumstances of the child, consult with —

(i) a relative of the child, or

(ii) a person who, in the opinion of the F130 [ Child and Family Agency ] , has knowledge of that child and his or her family or other circumstances,

in relation to the behaviour and risk of harm referred to in subsection (2)(a) , the care requirements referred to in subsection (2)(b) , the proposal to provide special care to the child and the detention of the child in a special care unit for that purpose.

(4) Where the F130 [ Child and Family Agency ] , having regard to the protection of the life, health, safety, development or welfare of the child, is satisfied that there is reasonable cause to believe it is not in the best interests of the child to consult with all or any of the following persons, it shall not consult with that person:

( a ) the child;

( b ) a parent having custody of the child;

( c ) the guardian;

( d ) a person acting in loco parentis .

(5) The F130 [ Child and Family Agency ] shall, subject to subsection (6) , convene a family welfare conference in accordance with section 7 (as amended by the Child Care (Amendment) Act 2011) of the Act of 2001 if it is satisfied that there is reasonable cause to believe that the child requires special care, after having carried out the consultations in accordance with subsection (3) or not carried them out in accordance with subsection (4) .

(6) Notwithstanding subsection (5) , where the F130 [ Child and Family Agency ] is satisfied that, having regard to the protection of the life, health, safety, development or welfare of the child, there is reasonable cause to believe that it is not in the best interests of the child to convene the family welfare conference referred to in subsection (5) , it may decide not to convene that conference.

(7) Where a family welfare conference —

( a ) has been convened in accordance with subsection (5) and the F130 [ Child and Family Agency ] has had regard to the recommendations, if any, notified under section 12 of the Act of 2001, or

( b ) has not been convened in accordance with subsection (6) ,

and the F130 [ Child and Family Agency ] is satisfied that there is reasonable cause to believe that the child requires special care it shall make a determination as to whether the child requires special care.

(8) Where the F130 [ Child and Family Agency ] determines that there is reasonable cause to believe that for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care the F130 [ Child and Family Agency ] shall apply to the High Court for a special care order.

(9) Where the F130 [ Child and Family Agency ] applies for a special care order and, in accordance with subsection (4) , it did not carry out the consultation referred to in subsection (3) , it shall inform the High Court that the consultation was not carried out and of the grounds for not carrying out that consultation.

(10) Where the F130 [ Child and Family Agency ] applies for a special care order and it did not convene a family welfare conference in accordance with subsection (6) , it shall inform the High Court that it did not convene that conference and of the grounds for not convening that conference.

(11) The F130 [ Child and Family Agency ] shall prepare and publish guidelines relating to the procedures for —

( a ) carrying out a consultation for the purposes of this section, and

( b ) convening a family welfare conference for the purposes of this section. ]

F131 [ (12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination is not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference. ]

C25

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F135 [ Notice of application for special care order or interim special care order.

23G. — (1) An application for a special care order or an interim special care order shall, subject to subsection (6) and section 23L(3) , be made on notice to —

( a ) a parent having custody of the child, unless the parent is dead, missing or cannot be found,

( b ) a guardian of the child, if any, or a person, if any, acting in loco parentis unless that guardian or that person is dead, missing or cannot be found, and

( c ) a guardian ad litem , where such guardian is appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of proceedings under this Part and whose appointment has effect in accordance with section 26(4) .

(2) Where having regard to all the circumstances of a child the F136 [ Child and Family Agency ] considers it appropriate for that child, it may inform any of the following persons of an application for a special care order or an interim special care order:

( a ) a relative of the child;

( b ) a person who, in the opinion of the F136 [ Child and Family Agency ] , has knowledge of that child and his or her family or other circumstances.

(3) The F136 [ Child and Family Agency ] shall inform the Garda S í och á na of an application for a special care order or an interim special care order including an application for an interim special care order referred to in section 23L(3) .

(4) The F136 [ Child and Family Agency ] shall, for the purposes of subsection (1) , take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1) .

(5) The High Court, having regard to all the circumstances of the child, may direct that, in addition to the persons referred to in subsections (1) and (2) , another person, who has knowledge of that child and his or her family or other circumstances, be informed of an application for a special care order or an interim special care order.

(6) Notwithstanding paragraphs (a) and (b) of subsection (1) , the High Court, on the application of the F136 [ Child and Family Agency ] , may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that an application referred to in subsection (1) shall be made otherwise than on notice to a named person being a person to whom, pursuant to paragraphs (a) and (b) of subsection (1) , such application is to be made on notice and the High Court may make such other provision and give other directions in respect of such notice, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child. ]

C26

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F138 [ Special care order.

23H. — (1) Where the High Court is satisfied that —

( a ) the child has attained the age of 11 years,

( b ) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

( c ) having regard to that behaviour and risk of harm and the care requirements of the child —

(i) the provision, or the continuation of the provision, by the F139 [ Child and Family Agency ] to that child of care, other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001 ,

will not adequately address that behaviour and risk of harm and those care requirements,

( d ) having regard to paragraph (c) , the child requires special care to adequately address —

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F139 [ Child and Family Agency ] cannot provide to the child unless a special care order is made in respect of that child,

( e ) the F139 [ Child and Family Agency ] has carried out the consultation referred to in section 23F(3) or, where the F139 [ Child and Family Agency ] has not carried out that consultation, the High Court is satisfied that it is in the best interests of the child not to have carried out that consultation having regard to the grounds provided in accordance with section 23F(9) ,

( f ) in respect of the family welfare conference referred to in section 23F(5) —

(i) the F139 [ Child and Family Agency ] has convened the family welfare conference and the F139 [ Child and Family Agency ] has had regard to the recommendations notified in accordance with section 12 of the Act of 2001, or

(ii) it is in the best interests of the child that the family welfare conference was not convened having regard to the information and grounds provided in accordance with section 23F(10) ,

( g ) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and

( h ) having regard to paragraphs (a) to (g) , the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,

the High Court may make a special care order in respect of that child.

(2) A special care order shall specify the period for which it has effect and that period shall not exceed 3 months from the day on which that order is made unless that period is extended under section 23J and shall —

( a ) commit the child in respect of whom it is made to the care of the F139 [ Child and Family Agency ] ,

( b ) direct the F139 [ Child and Family Agency ] to detain that child in a special care unit, which the F139 [ Child and Family Agency ] considers appropriate for that child, for the purpose of providing that child with special care, and

( c ) direct the F139 [ Child and Family Agency ] to provide special care to the child and to generally care for and maintain the child,

and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(3) For the purposes of executing a special care order the High Court may —

( a ) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F139 [ Child and Family Agency ] ,

( b ) make an order directing the Garda S í och á na to search for and find the child and to deliver the child to the custody of the F139 [ Child and Family Agency ] , at a special care unit specified by the F139 [ Child and Family Agency ] , and

( c ) issue a warrant authorising a member of the Garda S í och á na, accompanied by such other members of the Garda S í och á na or such other persons as may be necessary, to enter, if need be by force, any house or other place specified in the warrant, including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the F139 [ Child and Family Agency ] at the special care unit in which the child is to be detained,

and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child.

(4) Where the High Court makes a special care order the F139 [ Child and Family Agency ] shall inform the Garda S í och á na immediately that the special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and an order, if any, made under section 23NA(1) .

(5) A person shall be deemed to have been given, or shown, a copy of a special care order or an order made, or warrant issued, under subsection (3) if that person was present at the sitting of the High Court at which that special care order or that order was made or that warrant was issued. ]

C27

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F141 [ Review of special care order.

23I. — (1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J , specify the date or dates for such review.

(2) A review under this section shall, subject to a direction under section 23NA(2)(a) , if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1) .

(3) The F142 [ Child and Family Agency ] —

( a ) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2) , and

( b ) shall, where a direction has been made under section 23NA(2)(b) , inform the person in respect of whom that direction was made,

of a review under this section.

(4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4) .

(5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(6) Where a day is specified for a review under this section and on that day the child concerned is —

( a ) pursuant to section 23NF , outside the State for the purpose referred to in section 23NF(2)(c) , or

( b ) pursuant to section 23NG , released from the special care unit for a purpose referred to in section 23NG(1) ,

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose. ]