Child Care Act 1991

Child Care Act 1991


Number 17 of 1991


CHILD CARE ACT 1991

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Child Care Act 1991. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 17 of 1991


CHILD CARE ACT 1991

REVISED

Updated to 1 September 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Child Care Acts 1991 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

Child Care Act 1991 (17/1991)

Children Act 2001 (24/2001), ss. 7-15 and 267

Health Act 2004 (42/2004), s. 75 in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2007 (26/2007), s. 1(2), pt. 2 and s. 21 in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2011 (19/2011), ss. 1-26, 28-31, 34, 36, 46, 48

Child Care (Amendment) Act 2013 (5/2013)

Children and Family Relationships Act 2015 (9/2015), s. 175

Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Child Care (Amendment) Act 2015 (45/2015)

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Child Care (Amendment) Act 2013 (5/2013)

Child Care (Amendment) Act 2011 (19/2011)

Adoption Act 2010 (21/2010)

Child Care (Amendment) Act 2007 (26/2007)

Health Act 2007 (23/2007)

Health Act 2004 (42/2004)

Mental Health Act 2001 (25/2001)

Children Act 2001 (24/2001)

Children Act 1997 (40/1997)

Refugee Act 1996 (17/1996)

Domestic Violence Act 1996 (1/1996)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 (S.I. No. 632 of 2016)

Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016)

Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015 (S.I. No. 607 of 2015)

Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015 (S.I. No. 606 of 2015)

Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015 (S.I. No. 605 of 2015)

Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013)

Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)

Child Care Act 1991 (Section 29(7)) Regulations (S.I. No. 467 of 2012)

Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012)

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011)

Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008)

Child Care (Pre-School Services) (No2) (Amendment) Regulations 2006 (S.I. No. 643 of 2006)

Child Care (Pre-School Services) (No2) Regulations 2006 (S.I. No. 604 of 2006)

Child Care (Pre-School Services) Regulations 2006 (S.I. No. 505 of 2006)

Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005)

Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 2004 (S.I. No. 863 of 2004)

Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)

Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004)

Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2004)

Child Care (Pre-School Services) (Amendment) Regulations 1997 (S.I. No. 268 of 1997)

Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996)

Child Care (Pre-School Services) Regulations 1996 (S.I. No. 398 of 1996)

Child Care (Standards in Children’s Residential Centres) Regulations 1996 (S.I. No. 397 of 1996)

Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995)

Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995)

Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995)

Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995)

Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992)

Child Care Act 1991 (Commencement) (No. 2) Order 1992 (S.I. No. 264 of 1992)

Child Care Act 1991 (Children’s Residential Centres) (Superannuation) (No. 2) Order 1992 (S.I. No. 125 of 1992)

Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 1992 (S.I. No. 124 of 1992)

Child Care Act 1991 (Commencement) Order 1992 (S.I. No. 123 of 1992)

Child Care Act 1991 (Commencement) Order (S.I. No. 292 of 1991)

All statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this revision.


Number 17 of 1991


CHILD CARE ACT 1991

REVISED

Updated to 1 September 2017


ARRANGEMENT OF SECTIONS

Section

1.

Short title and commencement.

2.

Interpretation.

PART II

Promotion of Welfare of Children

3.

Functions of Child and Family Agency.

4.

Voluntary care.

5.

Accommodation for homeless children.

6.

Provision of adoption service.

7.

Child care advisory committees.

8.

Review of services.

9.

Provision of services by voluntary bodies and other persons.

10.

Assistance for voluntary bodies and other persons.

11.

Research.

PART III

Protection of Children in Emergencies

12.

Power of Garda Síochána to take a child to safety.

13.

Emergency care order.

14.

Notification to be given by Child and Family Agency.

15.

Provision of accommodation for purposes of Part III .

PART IV

Care Proceedings

16.

Duty of Child and Family Agency to institute proceedings.

17.

Interim care order.

18.

Care order.

19.

Supervision order.

20.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

21.

Effect of appeal from orders.

22.

Variation or discharge of orders etc.

23.

Powers of court in case of invalidity of orders.

PART IVA

Children in need of Special Care or Protection

23A.

Duty of Child and Family Agency where child requires special care or protection.

23B.

Special care order.

23C.

Interim special care order.

23D.

Duty of Garda Síochána where child needs special care or protection.

23E.

Notification by Child and Family Agency.

23F.

Variation or discharge of special care orders.

23G.

Appeals.

23H.

Powers of court in case of invalidity of order.

23I.

Application of Part V.

23J.

Application of Part VI.

23K.

Provision of special care units by Child and Family Agency.

23L.

Recovery of absconding child.

23M.

Amendment of section 4.

23N.

Restriction.

23NA.

Sections 23H and 23L: supplemental provisions.

23NB.

Failure to find child.

23NC.

Appeal and staying of order.

23ND.

Functions of Child and Family Agency when providing special care.

23NE.

Discharge and variation of special care order or interim special care order.

23NF.

Release from special care unit under special care order or interim special care order.

23NG.

Release from special care unit for purposes of sections 23D and 23E.

23NH.

Hearing of proceedings.

23NI.

Return of child to Child and Family Agency in certain circumstances.

23NJ.

Applications for special care orders or interim special care orders generally.

23NK.

Application for directions.

23NL.

Existing orders.

23NM.

Provision of information to certain persons.

23NN.

Request for appraisal of special care provided to child.

23NO.

Guidelines.

23NP.

Offences.

PART IVB

Private Foster Care

23O.

Definitions.

23P.

Notice of private foster care arrangement.

23Q.

Information to be submitted to Child and Family Agency.

23R.

Duty in respect of children in private foster care.

23S.

Authorised officers.

23T.

Inspection by authorised persons.

23U.

Institution of proceedings by Child and Family Agency.

23V.

Restrictions on private foster care arrangements in certain cases.

23W.

Offences.

23X.

Saver.

PART V

Jurisdiction and Procedure

24.

Welfare of child to be paramount.

25.

Power of court to join child as a party and costs of child as a party.

26.

Appointment of guardian ad litem for a child.

27.

Power to procure reports on children.

28.

Jurisdiction.

29.

Hearing of proceedings.

30.

Power to proceed in absence of child.

31.

Prohibition on publication or broadcast of certain matters.

32.

Presumption and determination of age.

33.

Rules of court.

34.

Failure or refusal to deliver up a child.

35.

Warrant to search for and deliver up a child.

PART VI

Children in the Care of Child and Family Agency

36.

Accommodation and maintenance of children in care.

37.

Access to children in care.

38.

Provision of residential care by Child and Family Agency.

39.

Regulations as to foster care.

40.

Regulations as to residential care.

41.

Regulations as to placement with relatives.

42.

Review of cases of children in care.

43.

Removal from placement.

43A.

Orders relating to children in care of same foster parent or relative for five years or more.

43B.

Variation, discharge or cessation of order under section 43A.

44.

Children who become adopted.

45.

Aftercare plan.

45A.

Assessment of need.

45B.

Aftercare plan - eligible child.

45C.

Aftercare plan - eligible adult.

45D.

Review and update of aftercare plan.

46.

Recovery of children removed from care etc.

47.

Application for directions.

48.

Transitional provisions.

PART VII

Supervision of Pre-School Services

49.

Definitions for Part VII .

50.

Regulations as to pre-school services.

51.

Notice to Health Service Executive.

52.

Duty of person carrying on pre-school service.

53.

Supervision of pre-school services.

54.

Authorised persons.

55.

Inspection by authorised persons.

56.

Provision by health boards of pre-school services and information.

57.

Offences under Part VII .

58.

Exemptions from provisions of this Part.

PART VIIA

Supervision of Pre-School Services

58A.

Definitions for this Part.

58B.

Regulations.

58C.

Register.

58D.

Registration.

58E.

Notice to Health Service Executive.

58F.

Appeals to District Court.

58G.

Duty of person providing early years service.

58H.

Supervision of early years services.

58I.

Authorised persons.

58J.

Inspection by authorised persons.

58K.

Offences under Part VIIA.

58L.

Exemptions from provisions of this Part.

PART VIII

Children’s Residential Centres

59.

Definitions for Part VIII .

60.

Prohibition of unregistered children’s residential centres.

61.

Registration of children’s residential centres.

62.

Appeals.

63.

Regulations in relation to children’s residential centres.

64.

Offences under Part VIII .

65.

Discontinuance of centre.

66.

Superannuation of certain staff.

67.

Transitional provisions.

PART IX

Administration

68.

Regulations.

69.

Powers of the Minister.

70.

Charges for certain services.

71.

Prosecution of offences.

72.

Functions of chief executive officer.

73.

Expenses.

PART X

Miscellaneous and Supplementary

74.

Sale etc. of solvents.

75.

Amendment of section 17 of the School Attendance Act, 1926.

76.

Amendment of section 15 of the Guardianship of Infants Act, 1964.

77.

Amendment of section 16 of the Guardianship of Infants Act, 1964.

78.

Maintenance — saver in relation to members of Defence Forces.

79.

Repeals.

SCHEDULE

Enactments Repealed

Acts Referred to

Adoption Act, 1952

1952, No. 25

Adoption Act, 1964

1964, No. 2

Adoption Acts, 1952 to 1988

Children Act, 1908

8 Edw. 7, c. 67

Children Act, 1934

1934, No. 15

Children Act, 1941

1941, No. 12

Children (Amendment) Act, 1957

1957, No. 28

Children (Employment Abroad) Act, 1913

3 & 4 Geo. 5, c. 7

Courts Act, 1964

1964, No. 11

Courts Act, 1971

1971, No. 36

Defence Act, 1954

1954, No. 11

Guardianship of Infants Act, 1964

1964, No. 7

Health Act, 1953

1953, No. 26

Health Act, 1970

1970, No. 1

Health Acts, 1947 to 1986

Health (Amendment) Act, 1987

1987, No. 3

Interpretation Act, 1937

1937, No. 38

Judicial Separation and Family Law Reform Act, 1989

1989, No. 6

Local Government (Superannuation) Act, 1980

1980, No. 8

Mental Treatment Acts, 1945 to 1966

Misuse of Drugs Acts, 1977 and 1984

Prevention of Cruelty to Children Act, 1904

4 Edw. 7, c. 15

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 93

Public Offices Fees Act, 1879

42 & 43 Vict., c. 58

School Attendance Act, 1926

1926, No. 17


Number 17 of 1991


CHILD CARE ACT 1991

REVISED

Updated to 1 September 2017


AN ACT TO PROVIDE FOR THE CARE AND PROTECTION OF CHILDREN AND FOR RELATED MATTERS. [10 th July, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Certain functions of Health Service Executive in relation to Act transferred to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 82(2), S.I. No. 502 of 2013.

Transfer of certain functions of Health Service Executive.

82.— ...

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

...

Child Care Act 1991

...

C2

Functions transferred and “Department of Health” and “Minister for Health” construed (1.10.2011) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), arts. 2, 3, 7, commenced as per. art. 1(2).

2.— (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Health contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3.— (1) The functions vested in the Minister for Health by or under the Child Care Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

...

7.—References to the Minister for Health contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

...

C3

Power of Court to make orders under Act provided (23.07.2007) by Children Act 2001 (24/2001), s. 77, S.I No. 524 of 2007.

Referral of case to [Health Service Executive].

77. (1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—

(a) adjourn the proceedings and direct the [Child and Family Agency ] to convene a family welfare conference in respect of the child [if in the Court’s view it is practicable for the [Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other circumstances, ] and

(b) [... ]

...

C4

Power of court to make orders under Act provided (27.03.1996) by Domestic Violence Act 1996 (1/1996), ss. 7 and 9, commenced as per s. 25(1).

Power to make orders, etc., under Child Care Act, 1991.

7. (1) Where in proceedings for any order under this Act, other than proceedings to which section 6 relates, it appears to the court that it may be appropriate for a care order or a supervision order to be made under the Child Care Act, 1991, with respect to a dependent person concerned in the proceedings, the court may, of its own motion or on the application of any person concerned, adjourn the proceedings and direct the [Child and Family Agency ] for the area in which such dependent person resides or is for the time being to undertake an investigation or, as the case may be, further investigations of such dependent person’s circumstances.

...

Hearing of applications under various Acts together.

9. (1) Where an application is made to the court for an order under this Act, the court may, on application to it in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the orders referred to in subsection (2).

...

(d) an order under the Child Care Act, 1991 .

C5

Construction of references to “psychiatric examination, treatment or assessment” under Act 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.

Editorial Notes:

E1

Proceedings brought by Health Service Executive (now Child and Family Agency) under collectively cited Child Care Acts 1991 to 2013 exempted from fees (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 5(1)(d)(iii).

E2

Setting of standards on safety and quality in relation to services provided by Health Service Executive, Child and Family Agency or a service provider in accordance with collectively cited Child Care Acts 1991 and 2001 assigned to Health Information and Quality Authority (15.07.2007) by Health Act 2007, s. 8(1)(b)(i)(II), S.I. No. 226 of 2007; as substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 2.

E3

District Court confirmed as “Children Court” when exercising jurisdiction under pts. III, IV, IVA and V of Act (1.05.2002) by Children Act 2001 (24/2001), s. 71(1)(a), S.I. No. 151 of 2002.

E4

Application of Act extended to separated children by Refugee Act 1996 (17/1996), s. 8(5)(a) as substituted (7.07.1999) by Immigration Act 1999 (22/1999), s. 11(1)(c)(v), commenced on enactment; as amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6, part 15 item 1(a), S.I. No. 887 of 2004; and as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 8, S.I. No. 502 of 2013.

E5

Previous affecting provision: proceedings brought by the Health Service Executive under collectively cited Child Care Acts 1991 to 2013 exempted from fees (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 6(1)(d)(iii); revoked (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 10.

E6

Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 to 2011 exempted from fees (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 6(1)(d)(iii); revoked (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 13.

E7

Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 to 2007 exempted from fees(22.08.2011) by Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011), art. 6(c)(iii); revoked (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 11.

E8

Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 to 2007 exempted from fees (7.07.2008) by Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008); revoked (22.08. 2011) by Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011), art. 10.

E9

Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 and 2001 exempted from fees (15.01.2005) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005), art. 7(1)(c)(iii); revoked (7.07.2008) by Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008), art. 10.

E10

Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 and 2001 exempted from fees (1.01.2004) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 444 of 2004), art. 7(1)(c)(iii); revoked (15.01.2005) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005), art. 11.

E11

Previous affecting provision: proceedings brought by health board under Child Care Act 1991 exempted from fees (5.03.2003) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 89 of 2003), art. 7(1); revoked (12.07.2004) by Supreme Court and High Court (Fees) Order 2004 (S.I. No.444 of 2004), art. 11.

E12

Previous affecting provision: proceedings brought by health board under Child Care Act 1991 exempted from fees (25.10.2001) by Supreme Court and High Court (Fees) (No. 2) Order 2001 (S.I. No. 488 of 2001), art. 7(1); revoked (5.03.2003) by Supreme Court and High Court (Fees) Order 2003 (S.I. No. 89 of 2003), art. 11.

PART I

Preliminary

Short title and commencement.

1

1. (1) This Act may be cited as the Child Care Act, 1991.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Annotations:

Editorial Notes:

E13

Power pursuant to section exercised (23.09.2004) by Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004). In relation to para. (2) below, Children Act 1908 was repealed (23.07.2007) by Children Act 2001 (24/2001), s. 5, S.I. No. 524 of 2007, and Adoption Act 1952 was repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7 and sch. 1 pt. 1, S.I. No. 511 of 2010.

2. (1) The 23rd day of September 2004 is fixed as the day on which Section 79 of, and the schedule to, the Child Care Act 1991 (No. 17 of 1991) come into operation, in so far as they relate to the unrepealed provisions specified in the third column of the Schedule thereto, of the enactments specified in the second column of that Schedule.

(2) In paragraph (1) of this Article, “unrepealed provisions” does not include section 119 of the Children Act 1908 (8 Edw. 7, c.67) and section 31 (2) of the Adoption Act 1952 (No. 25 of 1952).

E14

Power pursuant to section exercised (18.12.1996) by Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996).

2. Sections 49 to 65 and section 67 of the Child Care Act, 1991 shall come into operation on the 18th day of December, 1996.

E15

Power pursuant to section exercised (31.10.1995) by Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995).

2. Section 4, subsections (3) and (4) of section 6, sections 12 to 48, sections 68 and 70 and sections 75 to 78 of the Child Care Act, 1991 shall come into operation on the 31st day of October, 1995.

3. With effect from the 31st day of October, 1995 the enactments specified in the Schedule are hereby repealed to the extent specified in the third column.

SCHEDULE

ENACTMENTS REPEALED

Session and Chapter or Number and Year

Short Title

Extent of Repeal

4 Edw. 7, c. 15.

Prevention of Cruelty to Children Act, 1904.

The whole Act.

8 Edw. 7, c. 67.

Children Act, 1908.

Sections 20 to 25,

Sections 34, 36 and 38 (1),

Sections 58 (1), (5), (6), (7) and (8),

Section 59,

Section 74 (11),

Sections 118, 122 and 126.

3 & 4 Geo. 5, c. 7.

Children (Employment Abroad) Act, 1913.

The whole Act.

No. 12 of 1941.

Children Act, 1941.

Section 10 (1).

No. 26 of 1953.

Health Act, 1953.

Sections 55 and 56.

E16

Power pursuant to section exercised (1.12.1992) by Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992).

2. Sections 3, 7 and 8 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1992.

E17

Power pursuant to section exercised (1.10.1992) by Child Care Act 1991 (Commencement) (No. 2) Act 1992 (S.I. No. 264 of 1992).

2. Section 5, subsections (1), (2) and (5) of section 6, and sections 11, 69, 72 and 73 of the Child Care Act, 1991 shall come into operation on the 1st day of October 1992.

E18

Power pursuant to section exercised (1.06.1992) by Child Care Act 1991 Commencement Order 1992 (S.I. No. 123 of 1992).

2. Sections 9, 10 and 66 of the Child Care Act, 1991 shall come into operation on the 1st day of June, 1992.

3. Section 79 of, and the Schedule to, the Child Care Act, 1991 shall, for the purpose of effecting the repeal of section 65 (2) of the Health Act, 1953 (No. 26 of 1953), come into operation on the 1st day of June, 1992.

E19

Power pursuant to section exercised (1.12.1991) by Child Care Act 1991 (Commencement) Order 1991 (S.I. No. 292 of 1991).

2. Part I and Sections 71 and 74 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1991.

Interpretation.

2

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

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 ; ]

F3 [ ]

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

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 [ ]

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. ]

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.

Annotations:

Amendments:

F1

Inserted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 2(a), (b), S.I. No. 296 of 2017.

F2

Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 7, S.I. No. 5 of 2014.

F3

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(a), S.I. No. 502 of 2014.

F4

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 1(b), S.I. No. 887 of 2004.

F5

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(b), S.I. No. 502 of 2013.

F6

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(a), not commenced as of date of revision.

F7

Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), not commenced as of date of revision.

F8

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F9

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b), not commenced as of date of revision.

F10

Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b), not commenced as of date of revision.

Modifications (not altering text):

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. ]

Editorial Notes:

E20

Prospective affecting provision: subs. (1) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 1, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see definition of “children’s residential centre”, as amended (1.01.2014) by Child Care (Amendment) Act 2011, s. 3(b), S.I. No. 502 of 2013, in the C-note above. This is therefore an in-force amendment of a prospective affecting provision.

PART II

Promotion of Welfare of Children

Functions of F11 [ Child and Family Agency ].

3

3. (1) It shall be a function of F12 [ the F11 [ Child and Family Agency ] ] to promote the welfare of children F13 [ ] who are not receiving adequate care and protection.

(2) In the performance of this function, F14 [ the F11 [ Child and Family Agency ] ] shall—

( a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children F15 [ ];

( b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—

(i) regard the welfare of the child as the first and paramount consideration, and

(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and

( c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.

(3) F16 [ The F11 [ Child and Family Agency ] ] shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69 .

(4) F17 [ ]

Annotations:

Amendments:

F11

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F12

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(a), S.I. No. 887 of 2004.

F13

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(a), S.I. No. 887 of 2004.

F14

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(b), S.I. No. 887 of 2004.

F15

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(b), S.I. No. 887 of 2004.

F16

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(c), S.I. No. 887 of 2004.

F17

Deleted (30.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 4, S.I. No. 497 of 2011.

Editorial Notes:

E21

Previous affecting provision: subs. (4) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(d), S.I. No. 887 of 2004; deleted as per F-note above.

Voluntary care.

4

4. (1) Where it appears to F18 [ the F19 [ Child and Family Agency ] that a child requires ] care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of F18 [ the F20 [ Agency ] ] to take him into its care under this section.

(2) Without prejudice to the provisions of Parts III, IV 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.

(3) Where F22 [ the F19 [ Child and Family Agency ] ] has taken a child into its care under this section, it shall be the duty of F22 [ the F20 [ Agency ] ]

( a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F22 [ the F20 [ Agency ] ] to require it and while he remains a child, and

( b) to have regard to the wishes of a parent having custody of him or of any person acting in loco parentis in the provision of such care.

(4) Without prejudice to the provisions of Parts III, IV and VI , where F23 [ the F19 [ Child and Family Agency ] ] takes a child into its care because it appears that he is lost or that a parent having custody of him is missing or that he has been deserted or abandoned, F23 [ the F20 [ Agency ] ] shall endeavour to reunite him with that parent where this appears to F23 [ the F20 [ Agency ] ] to be in his best interests.

(5) F24 [ A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day. ]

Annotations:

Amendments:

F18

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(a), S.I. No. 887 of 2004.

F19

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F20

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F21

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(b), S.I. No. 887 of 2004.

F22

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(c), S.I. No. 887 of 2004.

F23

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(d), S.I. No. 887 of 2004.

F24

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 4, S.I. No. 502 of 2013.

F25

Substituted by Child Care (Amendment) Act 2011 (19/2011), s. 5, not commenced as of date of revision.

Modifications (not altering text):

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.

Editorial Notes:

E22

Previous affecting provision: subs. (5) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 3(e), S.I. No. 887 of 2004; substituted as per F-note above.

Accommodation for homeless children.

5

5.Where it appears to F26 [ the F27 [ Child and Family Agency ] that a child is homeless, the F28 [ Agency ] shall ] enquire into the child’s circumstances, and F29 [ if it ] is satisfied that there is no accommodation available to him which he can reasonably occupy, then, unless the child is received into the F30 [ care of the F28 [ Agency ] ] under the provisions of this Act, F31 [ the F28 [ Agency ] shall take ] such steps as are reasonable to make available suitable accommodation for him.

Annotations:

Amendments:

F26

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 4(a), S.I. No. 887 of 2004.

F27

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F28

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F29

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 4(b), S.I. No. 887 of 2004.

F30

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 4(c), S.I. No. 887 of 2004.

F31

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 4(d), S.I. No. 887 of 2004.

Provision of adoption service.

6

6. F32 [ (1) The F33 [ Child and Family Agency ] shall provide, or ensure the provision of, a service for the adoption of children in accordance with the Adoption Act 2010. ]

F32 [ (2) For the purposes of this section, the F33 [ Child and Family Agency ] may enter into arrangements with an accredited body within the meaning of section 3 (1) of the Adoption Act 2010. ]

(3) F34 [ The F33 [ Child and Family Agency ] ] may take a child into its care with a view to his adoption and may maintain him in such care in accordance with the provisions of this Act until he is placed for adoption.

(4) Without prejudice to Parts III, IV and VI , nothing in this section shall authorise F35 [ the F33 [ 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.

(5) The provisions of section 10 shall apply with any necessary modifications in relation to any arrangement made under subsection (2).

Annotations:

Amendments:

F32

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(a), S.I. No. 511 of 2010.

F33

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F34

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 5(c), S.I. No. 887 of 2004.

F35

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 5(d), S.I. No. 887 of 2004.

Editorial Notes:

E23

Provision for establishment of adoption committees by the Health Service Executive to assist and advise the Adoption Authority in the performance of its functions under this section made (1.11.2010) by Adoption Act 2010 (21/2010), s. 36(1) and (2)(a), S.I. No. 511 of 2010.

E24

Previous affecting provision: subs. (1) and words in subs. (2) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 5(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.

Child care advisory committees.

7

7.F36 [ (1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it. ]

F37 [ (1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section. ]

(2) A child care advisory committee shall be composed of persons with a special interest or expertise in matters affecting the welfare of children, including representatives of voluntary bodies providing child care and family support services.

(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but F38 [ the F39 [ Child and Family Agency ] ] may make payments to any such member in respect of travelling and subsistence expenses incurred by him in relation to the business of the committee.

(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.

(5) The Minister shall give general directions in relation to child care advisory committees which may include directions on any matter relating to the membership, constitution or business of committees (including a provision empowering a committee to co-opt one or more members) and F40 [ the F39 [ Child and Family Agency ] and each child care advisory committee ] shall comply with any such directions.

F41 [ (5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.

(5B) The Minister may amend or revoke directions given in relation to child care advisory committees. ]

(6) F42 [ The F39 [ Child and Family Agency ] ] may, with the consent of the Minister, and shall, if so directed by the Minister, establish more than one child care advisory committee F43 [ ] and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.

(7) Each child care advisory committee shall—

(a) have access to non-personal information in relation to child care and family support services in its area,

(b) consult with voluntary bodies providing child care and family support services in its area,

(c) report on child care and family support services in its area, either on its own initiative or when so requested by the F39 [ Child and Family Agency ],

(d) review the needs of children in its area who are not receiving adequate care and protection,

and where more than one child care advisory committee is established F44 [ ], the provisions of this subsection shall apply with the necessary modifications.

Annotations:

Amendments:

F36

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F37

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F38

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(b), S.I. No. 887 of 2004.

F39

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F40

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(c), S.I. No. 887 of 2004.

F41

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(b).

F42

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(e), S.I. No. 887 of 2005.

F43

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 97 and sch. 2, part 4 item 5(c), S.I. No. 502 of 2013.

F44

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(d), S.I. No. 502 of 2013.

Modifications (not altering text):

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)

...

...

...

Editorial Notes:

E25

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(f)(i), S.I. No. 887 of 2005; substituted as per F-note above.

E26

Previous affecting provisions: subss. (1), (1A), (5A) and (5B) substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(a), (d), S.I. No. 887 of 2004; substituted as per F-notes above.

Review of services.

8

8. F45 [ (1) The Child and Family Agency shall

(a) not later than 6 months after the establishment day of the Agency, prepare the report that, but for the amendment of this section by the Child and Family Agency Act 2013, the Health Service Executive would have been required to have prepared under this section, and

(b) annually thereafter prepare a report on the adequacy of the child care and family support services available. ]

(2) Without prejudice to the generality of subsection (1), F46 [ the F47 [ Child and Family Agency ] ] in preparing a report under this section shall have regard to the needs of children who are not receiving adequate care and protection and, in particular—

(a) children whose parents are dead or missing,

(b) children whose parents have deserted or abandoned them,

(c) children who are in the care of F48 [ the F49 [ Agency ] ],

(d) children who are homeless,

(e) children who are at risk of being neglected or ill-treated, and

(f) children whose parents are unable to care for them due to ill-health or for any other reason.

F50 [ (3) The Child and Family Agency shall give notice of the preparation of a report under subsection (1) to

(a) each child care advisory committee, and

(b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services,

and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report. ]

(4) F51 [ The F47 [ Child and Family Agency ] ] shall submit a copy of any report prepared under this section to the Minister and may make copies of any such report available to such bodies as are mentioned in subsection (3) (b).

Annotations:

Amendments:

F45

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 6(a), S.I. No. 502 of 2013.

F46

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 7(b)(i), S.I. No. 887 of 2004.

F47

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F48

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 7(b)(ii), S.I. No. 887 of 2004.

F49

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F50

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 6(b), S.I. No. 502 of 2013.

F51

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 7(d), S.I. No. 887 of 2004.

Editorial Notes:

E27

Previous affecting provision: subss. (1) substituted and (3) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 7(a), (c), S.I. No. 887 of 2004; substituted as per F-note above.

Provision of services by voluntary bodies and other persons.

9

9. (1) F52 [ ]

F53 [ (2) Nothing in the Child and Family Agency Act 2013 shall empower the Child and Family Agency to delegate to a voluntary body or to any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III , IV , IVA (as amended by the Child Care (Amendment) Act 2011) or VI . ]

Annotations:

Amendments:

F52

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 8(a), S.I. No. 887 of 2004.

F53

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 7, S.I. No. 502 of 2013.

Editorial Notes:

E28

Previous affecting provision: subs. (2) substituted by Child Care (Amendment) Act 2011 (19/2011), s. 6, not commenced; substituted as per F-note above.

Assistance for voluntary bodies and other persons.

10

10.— F54 [ ]

Annotations:

Amendments:

F54

Repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.

Editorial Notes:

E29

Previous affecting provision: subs. (1) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 9(a), S.I. No. 887 of 2004; repealed as per F-note above.

E30

Previous affecting provision: subs. (2) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 9(b), S.I. No. 887 of 2004; repealed as per F-note above.

Research.

11

11. (1) The Minister may conduct or assist other persons in conducting research into any matter connected with the care and protection of children or the provision of child care and family support services.

(2) F55 [ The F56 [ Child and Family Agency ] ] may conduct or assist other persons in conducting research into any matter connected with the functions assigned to F55 [ the F57 [ Agency ] ] under this Act.

Annotations:

Amendments:

F55

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 10, S.I. No. 887 of 2004.

F56

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F57

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

PART III

Protection of Children in Emergencies

Annotations:

Amendments:

F58

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 11(a), S.I. No. 887 of 2004.

F59

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F60

Substituted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(a), commenced on enactment.

F61

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 11(c), S.I. No. 887 of 2004.

F62

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F63

Inserted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(b), commenced on enactment.

F64

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 8, S.I. No. 502 of 2013.

Editorial Notes:

E31

District Court termed “Children Court” for the purpose of Part III of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Power of Garda Síochána to take a child to safety.

12

12. (1) Where a member of the Garda Síochána has reasonable grounds for believing that—

( a) there is an immediate and serious risk to the health or welfare of a 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 F58 [ the F59 [ Child and Family Agency ] ] under section 13 , F60 [ or an application for a warrant under section 35 ] .

the member, accompanied by such other persons as may be necessary, may, without warrant, enter (if need be by force) any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) and remove the child to safety.

(2) The provisions of subsection (1) are without prejudice to any other powers exercisable by a member of the Garda Síochána.

(3) Where a child is removed by a member of the Garda Síochána in accordance with subsection (1), the child shall as soon as possible be delivered up to the custody of the F59 [ Child and Family Agency ].

(4) Where a child is delivered up to the custody of F61 [ the F59 [ Child and Family Agency ] ] in accordance with subsection (3), F61 [ the F62 [ Agency ] ] shall, unless it returns the child to the parent having custody of him or a person acting in loco parentis F63 [ or an order referred to in section 35 has been made in respect of the child ], make application for an emergency care order at the next sitting of the District Court held in the same district court district or, in the event that the next such sitting is not due to be held within three days of the date on which the child is delivered up to the custody of F61 [ the F62 [ Agency ] ], at a sitting of the District Court, which has been specially arranged under section 13(4) , held within the said three days, and it shall be lawful for F61 [ the F62 [ Agency ] ] to retain custody of the child pending the hearing of that application.

F64 [ (5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254 (4) of the Children Act 2001 and the child is not delivered up to the custody of the Health Service Executive before the establishment day of the Child and Family Agency

(a) the child shall as soon as possible be delivered up to the custody of the Agency, and

(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Agency in accordance with subsection (3) of this section. ]

Annotations:

Amendments:

F58

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 11(a), S.I. No. 887 of 2004.

F59

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F60

Substituted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(a), commenced on enactment.

F61

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 11(c), S.I. No. 887 of 2004.

F62

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F63

Inserted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(b), commenced on enactment.

F64

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 8, S.I. No. 502 of 2013.

Modifications (not altering text):

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.

Editorial Notes:

E32

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 11(d), S.I. No. 877 of 2004; substituted as per F-note above.

E33

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 11(b), S.I. No. 887 of 2004; substituted as per F-note above.

Emergency care order.

13

13. (1) If a justice of the District Court is of opinion on the application of F65 [ the F66 [ Child and Family Agency ] ] that there is reasonable cause to believe that—

( a) there is an immediate and serious risk to the health or welfare of a child which necessitates his being placed in the care of F65 [ the F66 [ Child and Family Agency ] ], or

( b) there is likely to be such a risk if the child is removed from the place where he is for the time being,

the justice may make an order to be known and in this Act referred to as an “ emergency care order”.

(2) An emergency care order shall place the child under the care of F67 [ the F66 [ Child and Family Agency ] ] for a period of eight days or such shorter period as may be specified in the order.

(3) Where a justice makes an emergency care order, he may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána 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, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of the F66 [ Child and Family Agency ].

(4) The following provisions shall have effect in relation to the making of emergency care orders—

( a) any such order shall, subject to paragraph ( b), be made by the justice for the district in which the child resides or is for the time being;

( b) where a justice for the district in which the child resides or is for the time being is not immediately available, an order may be made by any justice of the District Court;

( c) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte;

( d) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.

(5) An appeal from an emergency care order shall not stay the operation of the order.

(6) It shall not be necessary in any application or order under this section to name the child if such name is unknown.

(7) ( a) Where a justice makes an emergency care order, he may, of his own motion or on the application of any person, give such directions (if any) as he thinks proper with respect to—

(i) whether the address or location of the place at which the child is being kept is to be withheld from the parents of the child, or either of them, a person acting in loco parentis or any other person;

(ii) the access, if any, which is to be permitted between the child and any named person and the conditions under which the access is to take place;

(iii) the medical or psychiatric examination, treatment or assessment of the child.

( b) A direction under this subsection may be given at any time during the currency of the order and may be varied or discharged on the application of any person.

Annotations:

Amendments:

F65

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 12(a), S.I. No. 887 of 2004.

F66

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F67

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 12(b), S.I. No. 887 of 2004.

Modifications (not altering text):

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.

Editorial Notes:

E34

Previous affecting provision: “Health Service Executive” substituted for “health board” in subs. (3) (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 12(c), S.I. No. 887 of 2004; substituted as per F-note above.

Notification to be given by F68 [ Child and Family Agency ].

14

14. (1)Where a child is delivered up to, or placed in the custody of, F69 [ the F68 [ Child and Family Agency ] under this Part, the F70 [ Agency ] ] shall as soon as possible inform or cause to be informed a parent having custody of him or a person acting in loco parentis of that delivery or placement unless that parent or person is missing and cannot be found.

(2)For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in the custody of F71 [ the F68 [ Child and Family Agency ] ] under section 13 if he is given or shown a copy of the emergency care order made under that section or if that person was present at the sitting of the court at which such order was made.

Annotations:

Amendments:

F68

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F69

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 13(a), S.I. No. 887 of 2004.

F70

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F71

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 13(b), S.I. No. 887 of 2004.

Provision of accommodation for purposes of Part III .

15

15.— F72 [ The F73 [ Child and Family Agency ] ] shall provide or make arrangements with the registered proprietors of children’s residential centres or with other suitable persons for the provision of suitable accommodation for the purposes of this Part.

Annotations:

Amendments:

F72

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 14, S.I. No. 887 of 2004.

F73

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F74

Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, item 2, not commenced as of date of revision.

Modifications (not altering text):

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. ]

Editorial Notes:

E35

Prospective affecting provision: section amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 2, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above.

PART IV

Care Proceedings

Annotations:

Amendments:

F75

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F76

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 15(a), S.I. No. 887 of 2005.

F77

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E36

Payment of legal aid contribution exempted for defence of proceedings brought by the Health Service Executive under Part by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), reg. 21(11) as inserted (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), reg. 3(ii)(f).

E37

District Court termed “Children Court” for the purpose of Part IV of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Duty of F75 [ Child and Family Agency ] to institute proceedings.

16

16.Where it appears to F76 [ the F75 [ Child and Family Agency ] that a child ] requires care or protection which he is unlikely to receive unless a court makes a care order or a supervision order in respect of him, it shall be the duty of the F77 [ Agency ] to make application for a care order or a supervision order, as it thinks fit.

Annotations:

Amendments:

F75

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F76

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 15(a), S.I. No. 887 of 2005.

F77

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E38

Previous affecting provision: “Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 15(b), S.I. No. 887 of 2004; substituted as per F-note above.

Interim care order.

17

17. (1) Where a justice of the District Court is satisfied on the application of F78 [ the F79 [ Child and Family Agency ] ] that—

( a) an application for a care order in respect of the child has been or is about to be made (whether or not an emergency care order is in force), and

( b) there is reasonable cause to believe that any of the circumstances mentioned at paragraph (a), (b) or (c) of section 18(1) exists or has existed with respect to the child and that it is necessary for the protection of the child’s health or welfare that he be placed or maintained in the care of F78 [ the F80 [ Agency ] ] pending the determination of the application for the care order,

the justice may make an order to be known and in this Act referred to as an “ interim care order”.

(2) An interim care order shall require that the child named in the order be placed or maintained in the care of the F79 [ Child and Family Agency ]

( a) for a period not exceeding F81 [ twenty-nine days ], or

( b) where the F79 [ Child and Family Agency ] and the parent having custody of the child or person acting in loco parentis consent, for a period exceeding F81 [ twenty-nine days ],

and an extension or extensions of any such period may be granted (with the consent, F81 [ where an extension is to exceed twenty-nine days ], of the persons specified in paragraph (b)) on the application of any of the parties if the justice is satisfied that grounds for the making of an interim care order continue to exist with respect to the child.

(3) An application for an interim care order or for an extension of such an order shall be made on notice to a parent having custody of the child or to a person acting in loco parentis except where, having regard to the interests of justice or the welfare of the child, the justice otherwise directs.

(4) Where an interim care order is made, the justice may order that any directions given under subsection (7) of section 13 may remain in force subject to such variations, if any, as he may see fit to make or the justice may give directions in relation to any of the matters mentioned in the said subsection and the provisions of that section shall apply with any necessary modifications.

Annotations:

Amendments:

F78

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 16(a), S.I. No. 887 of 2004.

F79

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F80

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F81

Substituted (13.03.2013) by Child Care (Amendment) Act 2013 (5/2013), s. 1, commenced on enactment.

Editorial Notes:

E39

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 16(b), S.I. No. 887 of 2004; substituted as per F-note above.

E40

Previous affecting provision: subs. (2) amended (1.05.2002) by Children Act 2001 (24/2001), s. 267(1)(a), S.I. No. 151 of 2002; substituted as per F-note above.

Care order.

18

18. (1) Where, on the application of F82 [ the F83 [ Child and Family Agency ] with respect to a child ], the court is satisfied that—

( a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or

( b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or

( c) the child’s health, development or welfare is likely to be avoidably impaired or neglected,

and that the child requires care or protection which he is unlikely to receive unless the court makes an order under this section, the court may make an order (in this Act referred to as a “ care order”) in respect of the child.

(2) A care order shall commit the child to the care of the F83 [ Child and Family Agency ] for so long as he remains a child or for such shorter period as the court may determine and, in such case, the court may, of its own motion or on the application of any person, extend the operation of the order if the court is satisfied that grounds for the making of a care order continue to exist with respect to the child.

(3) Where a care order is in force, the F83 [ Child and Family Agency ] shall—

( a) have the like control over the child as if it were his parent; and

( b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s health, development or welfare;

and shall have, in particular, the authority to—

(i) decide the type of care to be provided for the child under section 36 ;

(ii) give consent to any necessary medical or psychiatric examination, treatment or assessment with respect to the child; and

(iii) give consent to the issue of a passport to the child, or to the provision of passport facilities for him, to enable him to travel abroad for a limited period.

(4) Any consent given by F84 [ the F83 [ Child and Family Agency ] ] in accordance with this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.

(5) Where, on an application for a care order, the court is satisfied that—

( a) it is not necessary or appropriate that a care order be made, and

( b) it is desirable that the child be visited periodically in his home by or on behalf of F84 [ the F83 [ Child and Family Agency ] ],

the court may make a supervision order under section 19 .

(6) Between the making of an application for a care order and its determination, the court, of its own motion or on the application of any person, may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child who is the subject of the application pending such determination, and any such direction or supervision order shall cease to have effect on the determination of the application.

(7) Where a court makes a care order, it may in addition make an order requiring the parents of the child or either of them to contribute to the F83 [ Child and Family Agency ] such weekly or other periodic sum towards the cost of maintaining the child as the court, having regard to the means of the parents or either of them, thinks fit.

(8) An order under subsection (7) may be varied or discharged on application to the court by the parent required to contribute or by the F83 [ Child and Family Agency ].

Annotations:

Amendments:

F82

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 17(a), S.I. No. 887 of 2004.

F83

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F84

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 17(c), S.I. No. 887 of 2004.

F85

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 8, not commenced as of date of revision.

Modifications (not altering text):

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. ]

Editorial Notes:

E41

Prospective affecting provision: subs. (9) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 3, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. Subs. (9) was inserted by Child Care (Amendment) Act 2011, s. 8, not commenced as of date of revision, and is therefore a prospective affecting provision, see C-note above.

E42

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2), (3) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 items 17(b) and (d), S.I. No. 887 of 2004; substituted as per F-note above.

Supervision order.

19

19. (1) Where, on the application of F86 [ the F87 [ Child and Family Agency ] with respect to a child ], the court is satisfied that there are reasonable grounds for believing that—

( a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or

( b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or

( c) the child’s health, development or welfare is likely to be avoidably impaired or neglected,

and it is desirable that the child be visited periodically by or on behalf of F86 [ the F87 [ Child and Family Agency ] ], the court may make an order (in this Act referred to as a “ supervision order”) in respect of the child.

(2) A supervision order shall authorise F88 [ the F87 [ Child and Family Agency ] ] to have the child visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to his parents or to a person acting in loco parentis any necessary advice as to the care of the child.

(3) Any parent or person acting in loco parentis who is dissatisfied with the manner in which F88 [ the F87 [ Child and Family Agency ] ] is exercising its authority to have a child visited in accordance with this section may apply to the court and the court may give such directions as it sees fit as to the manner in which the child is to be visited and F88 [ the F87 [ Child and Family Agency ] ] shall comply with any such direction.

(4) Where a court makes a supervision order in respect of a child, it may, on the application of F88 [ the F87 [ Child and Family Agency ] ], either at the time of the making of the order or at any time during the currency of the order, give such directions as it sees fit as to the care of the child, which may require the parents of the child or a person acting in loco parentis to cause him to attend for medical or psychiatric examination, treatment or assessment at a hospital, clinic or other place specified by the court.

(5) Any person who fails to comply with the terms of a supervision order or any directions given by a court under subsection (4) or who prevents a person from visiting a child on behalf of F88 [ the F87 [ Child and Family Agency ] ] or who obstructs or impedes any such person visiting a child in pursuance of such an order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(6) A supervision order shall remain in force for a period of 12 months or such shorter period as may be specified in the order and, in any event, shall cease to have effect when the person in respect of whom the order is made ceases to be a child.

(7) On or before the expiration of a supervision order, a further supervision order may be made on the application of F88 [ the F87 [ Child and Family Agency ] ] with effect from the expiration of the first mentioned order.

Annotations:

Amendments:

F86

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 18(a), S.I. No. 887 of 2004.

F87

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F88

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 18(b), S.I. No. 887 of 2004.

F89

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 9, not commenced as of date of revision.

Modifications (not altering text):

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.

Editorial Notes:

E43

Prospective affecting provision: subs. (8) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 4, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. Subs. (8) was inserted by Child Care (Amendment) Act 2011, s. 3(b), not commenced as of date of revision, and is therefore a prospective affecting provision, see C-note above.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

20

20. F90 [ Where in any proceedings under section 7 , 8 , 11 , 11B or Part III of the Guardianship of Infants Act, 1964 , or in any case to which

( a ) section 3 (3) of the Judicial Separation and Family Law Reform Act, 1989 ,

( b ) section 6( b ) or 10( f ) of the Family Law Act, F91 [ 1995 , ]

( c ) section 5(2), 11( b ) or 41 of the Family Law (Divorce) Act, F91 [ 1996 , or ]

F92 [ (d) section 110 (2), 115 (c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ]

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct F93 [ the F94 [ Child and Family Agency ] ] to undertake an investigation of the child s circumstances. ]

(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child concerned pending the outcome of the investigation by the F94 [ Child and Family Agency ].

(3) Where the court gives a direction under subsection (1), the F94 [ Child and Family Agency ] shall undertake an investigation of the child’s circumstances and shall consider whether it should—

( a) apply for a care order or for a supervision order with respect to the child,

( b) provide services or assistance for the child or his family, or

( c) take any other action with respect to the child.

(4) Where F93 [ the F94 [ Child and Family Agency ] ] undertakes an investigation under this section and decides not to apply for a care order or a supervision order with respect to the child concerned, it shall inform the court of—

( a) its reasons for so deciding,

( b) any service or assistance it has provided, or it intends to provide, for the child and his family, and

( c) any other action which it has taken, or proposes to take, with respect to the child.

F95 [ (5) Where the Health Service Executive was directed to undertake an investigation into a child s circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency

(a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency,

(b) the investigation may be completed by the Agency, and

(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Agency. ]

Annotations:

Amendments:

F90

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 1(2).

F91

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(a) and (b), S.I. No. 12 of 2016.

F92

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(c), S.I. No. 12 of 2016.

F93

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 19(a), S.I. No. 887 of 2004.

F94

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F95

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 9, S.I. No. 502 of 2013.

Editorial Notes:

E44

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

E45

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2) and (3) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

Effect of appeal from orders.

21

21.An appeal from an order under this Part shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.

Variation or discharge of orders etc.

22

22.The court, of its own motion or on the application of any person, may—

( a) vary or discharge a care order or a supervision order,

( b) vary or discharge any condition or direction attaching to the order, or

( c) in the case of a care order, discharge the care order and make a supervision order in respect of the child.

Powers of court in case of invalidity of orders.

23

23.Where a court finds or declares in any proceedings that a care order for whatever reason is invalid, that court may of its own motion or on the application of any person refuse to exercise any power to order the delivery or return of the child to a parent or any other person if the court is of opinion that such delivery or return would not be in the best interests of the child and in any such case the court, of its own motion or on the application of any person, may—

( a) make a care order as if it were a court to which an application had been made by F96 [ the F97 [ Child and Family Agency ] ] under section 18 ,

( b) make an order remitting the matter to a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being or was residing or was at the time that the invalid order was made or the application therefor was made; and where the matter has been so remitted F96 [ the F97 [ Child and Family Agency ] ] shall be deemed to have made an application under section 18 ,

( c) direct that any order under paragraph (a) shall, if necessary, be deemed for the purposes of this Act to have been made by a justice of the District Court for the time being assigned to a district court district, specified by the court, or

( d) where it makes an order under paragraph (b), make a temporary order under paragraph (a) pending the making of an order by the court to which the matter or question has been remitted.

Annotations:

Amendments:

F96

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 20, S.I. No. 887 of 2004.

F97

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F98 [ PART IVA

Children in need of Special Care or Protection ]

Annotations:

Amendments:

F98

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

Annotations:

Amendments:

F98

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

F99

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F100

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21(a), S.I. No. 887 of 2005.

F101

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21(b), S.I. No. 887 of 2005.

F102

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(a), S.I. No. 453 of 2011.

F103

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21 (c), S.I. No. 887 of 2005.

F104

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F105

Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21(d), S.I. No. 887 of 2005.

F106

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(b), S.I. No. 453 of 2011.

F107

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.

Editorial Notes:

E46

Prospective affecting provision: Part amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note in each affected section.

E47

Power conferred on Child and Family Agency to make arrangements with any suitable person to discharge its obligations under Part (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 58(1), S.I. No. 502 of 2013.

E48

Payment of legal aid contribution exempted for defence of proceedings brought by the Health Service Executive under Part by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), reg. 21(11) as inserted (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), reg. 3(ii)(f).

E49

District Court termed “Children Court” for the purpose of Part IVA of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

F98 [ Duty of F99 [ Child and Family Agency ] where child requires special care or protection.

23A

23A. (1) Where it appears to F100 [ the F99 [ Child and Family Agency ] that a child ] requires special care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child, being either

( a ) an order under section 23B (in this Part referred to as a special care order ), or

( b ) an order under section 23C (in this Part referred to as an interim special care order ),

it shall, subject to subsection (2) , be the duty of F100 [ the F99 [ Child and Family Agency ] ] to apply for whichever of such orders is appropriate in the particular circumstances.

(2) Before applying for an order under this Part F101 [ the F99 [ Child and Family Agency ] ] shall

( a ) arrange for the convening of a family welfare conference (within the meaning of the Children Act, 2001) in respect of the child, and

(b) F102 [ ]

(3) Where a parent or guardian of a child requests F103 [ the F99 [ Child and Family Agency ] ] to apply for an order under this Part in respect of the child and F103 [ the F104 [ Agency ] ] decides not to do so, it shall inform the parent in writing of the reasons for its decision. ]

F105 [ (4) Where, before the amendment of this section by the Health Act 2004, a health board arranged for the convening of a family welfare conference in respect of a child but the health board did not apply for an order under this Part in respect of the child before the establishment day of the F99 [ Child and Family Agency ] , the F104 [ Agency ] shall be deemed for the purpose of an application by it for such order in respect of the child to have complied with the requirement of subsection (1)(a ).

(5) F106 [ ] ]

Annotations:

Amendments:

F98

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

F99

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F100

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21(a), S.I. No. 887 of 2005.

F101

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21(b), S.I. No. 887 of 2005.

F102

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(a), S.I. No. 453 of 2011.

F103

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21 (c), S.I. No. 887 of 2005.

F104

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F105

Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21(d), S.I. No. 887 of 2005.

F106

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(b), S.I. No. 453 of 2011.

F107

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.

Modifications (not altering text):

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. ]

Editorial Notes:

E50

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 21, S.I. No. 887 of 2004; repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(b), S.I. No. 453 of 2011.

F108 [ Special care order.

23B

23B. (1) A court may, on the application of F109 [ the F110 [ Child and Family Agency ] with respect to a child ] F111 [ ] make a special care order in respect of the child if it is satisfied that

( a ) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and

( b ) the child requires special care or protection which he or she is unlikely to receive unless the court makes such an order.

(2) A special care order shall commit the child to the care of the F110 [ Child and Family Agency ] for so long as the order remains in force and shall authorise it to provide appropriate care, education and treatment for the child and, for that purpose, to place and detain the child in a special care unit provided by or on behalf of the F110 [ Child and Family Agency ] pursuant to section 23K .

(3) Where a child is detained in a special care unit pursuant to a special care order, the F110 [ Child and Family Agency ] may take such steps as are reasonably necessary to prevent the child from

( a ) causing injury to himself or herself or to other persons in the unit, or

( b ) absconding from the unit.

F112 [ (4) Notwithstanding subsection (3) and subject to subsection (5) , the Child and Family Agency may, for the purposes of this Part, enter into an arrangement with a person under section 58 of the Child and Family Agency Act 2013 (relating to arrangements with service providers) in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit. ]

(5) If, while a special care order is in force in respect of a child, it appears to the F110 [ Child and Family Agency ] that the circumstances which led to the making of the order no longer exist with respect to the child, F109 [ it shall ] , as soon as practicable, apply to the court which made the order to have the order discharged.

(6) A special care order shall cease to have effect when the person in respect of whom it was made ceases to be a child.

(7) Where a special care order is in force, the F110 [ Child and Family Agency ] may

( a ) as part of its programme for the care, education and treatment of the child, place the child on a temporary basis in such other accommodation F109 [ as it ] is empowered to provide for children in its care under section 36, or

( b ) arrange for the temporary release of the child from the unit on health, education or compassionate grounds,

and any such placement or arrangement shall be subject to its control and supervision.

(8) Subject to this section, subsections (3) , (4) , (6) , (7) and (8) of section 18 shall apply in relation to a special care order as they apply in relation to a care order, with any necessary modifications. ]

Annotations:

Amendments:

F108

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F109

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 22, S.I. No. 887 of 2004.

F110

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F111

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(c), S.I. No. 453 of 2011.

F112

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 10(a), S.I. No. 502 of 2013.

F113

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

F114

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.

F115

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 10(b), S.I. No. 502 of 2013.

Modifications (not altering text):

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 . ]

Editorial Notes:

E51

Prospective affecting provision: subs. (5) is amended by substitution of “ section 58 of the Child and Family Agency Act 2013” for “section 38 (as amended by the Act of 2007) of the Health Act 2004” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. Subs. (5) was substituted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48, and is therefore a prospective affecting provision, see C-note above.

E52

Amendment of subs. (5) (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 10(b), S.I. No. 502 of 2013, cannot be made in the current version; as drafted the amendment can only be made to the version substituted by Child Care (Amendment) Act 2011 (19/2011), not commenced as of date of revision.

E53

Previous affecting provision: subs. (1) amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(1) and sch. part 1 item 2, S.I. No. 509 of 2007; deleted as per F-note above.

E54

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2), (3), (5) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; substituted as per F-note above.

F116 [ Interim special care order.

23C

23C. (1) Where a judge of the Children Court is satisfied on the application of F117 [ the F118 [ Child and Family Agency ] ]

F117 [ ( a ) That the F119 [ Agency ] is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child or is deemed under section 23A(4) and (5) to have complied with those requirements. ]

( b ) that there is reasonable cause to believe that

(i) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and

(ii) it is necessary in the interests of the child, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit provided under section 23K , the judge may make an interim special care order in respect of the child.

(2) An interim special care order shall require that the child named in the order be placed and detained in a special care unit

( a ) for a period not exceeding twenty-eight days, or

( b ) where the F118 [ Child and Family Agency ] and the parent having custody of the child or a person acting in loco parentis consent, for a period exceeding twenty-eight days,

and the judge concerned may be order extend any such period, on the application of any of the persons specified in paragraph (b) and, where the period of the extension exceeds twenty-eight days, with the consent of those persons, if he or she is satisfied that the grounds for making the interim special care order continue to exist with respect to the child.

(3) An application for an interim special care order or for an extension of a period mentioned in subsection (2) shall be made on notice to a parent having custody of the child or a person acting in loco parentis or, where appropriate, to the F118 [ Child and Family Agency ] , except where, having regard to the welfare of the child, the judge otherwise directs.

(4) Subsections (3) to (7) of section 13 shall apply in relation to an interim special care order as they apply in relation to an emergency care order, with any necessary modifications. ]

Annotations:

Amendments:

F116

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F117

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 23(a)-(c), S.I. No. 887 of 2004.

F118

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F119

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F120

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

Modifications (not altering text):

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 . ]

Editorial Notes:

E55

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2)(b), (3) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 23(a)-(c), S.I. No. 887 of 2004; substituted as per F-note above.

F121 [ Duty of Garda S í och á na where child needs special care or protection.

23D

23D. ] F122 [ ]

Annotations:

Amendments:

F121

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F122

Repealed (23.07.2011) by Child Care (Amendment) Act 2007 (26/2007), s. 15, S.I. No. 509 of 2007.

F123

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.

F124

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

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. ]

Editorial Notes:

E56

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 24, S.I. No. 887 of 2004; substituted as per F-note above.

F125 [ Notification by F126 [ Child and Family Agency ] .

23E

23E. (1) Where a child is placed in a special care unit pursuant to an interim special care order, the F126 [ Child and Family Agency ] shall as soon as possible inform or cause to be informed a parent having custody of the child or a person acting in loco parentis of the placement unless the parent or person is missing and cannot be found.

(2) For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in a special care unit if the person is given or shown a copy of the interim special care order or if the person was present at the sitting of the court at which the order was made. ]

Annotations:

Amendments:

F125

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F126

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F127

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.

Modifications (not altering text):

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. ]

Editorial Notes:

E57

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (1) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 25, S.I. No. 887 of 2004; substituted as per F-note above.

F128 [ Variation or discharge of special care orders.

23F

23F. (1) Without prejudice to section 23B(5) , the court may, of its own motion or on the application of any person, vary or discharge a special care order.

(2) In discharging a special care order, the court may, of its own motion or on the application of F129 [ the F130 [ Child and Family Agency ] ] either

( a ) make a supervision order in respect of the child, or

( b ) if the court is of opinion that

(i) the child requires care and protection which he or she is unlikely to receive unless he or she remains in the care of F129 [ the F130 [ Child and Family Agency ] ] , or

(ii) the delivery or return of the child to a parent or any other person would not be in the best interests of the child,

make a care order in respect of the child. ]

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. ]

Annotations:

Amendments:

F128

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F129

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 26, S.I. No. 887 of 2004.

F130

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F131

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 11, S.I. No. 502 of 2013. The amendment provides for subs. (12) to be substituted; however no subs. (12) exists and it is therefore inserted.

F132

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.

F133

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.

Modifications (not altering text):

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. ]

F134 [ Appeals.

23G

23G. Section 21 shall apply to an appeal from an interim special care order or a special care order as it applies to an appeal from an order under Part IV . ]

Annotations:

Amendments:

F134

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F135

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.

F136

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

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. ]

F137 [ Powers of court in case of invalidity of order.

23H

23H. Section 23 shall apply to a special care order as it applies to a care order, with the modification that the court may, as an alternative to making a special care order, make a care order in respect of the child. ]

Annotations:

Amendments:

F137

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F138

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.

F139

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

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. ]

F140 [ Application of Part V.

23I

23I. Part V shall apply to proceedings relating to an application for an interim special care order or a special care order, with any necessary modifications. ]

Annotations:

Amendments:

F140

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F141

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.

F142

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

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. ]

F143 [ Application of Part VI.

23J

23J. Section 37 , F144 [ 42 and 47 ] shall apply to a child who is committed to the care of F145 [ the F146 [ Child and Family Agency ] ] pursuant to an interim special care order or a special care order. ]

Annotations:

Amendments:

F143

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F144

Substituted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 3, S.I. No. 296 of 2017.

F145

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 27, S.I. No. 887 of 2004.

F146

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F147

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.

Modifications (not altering text):

C28

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.

F147 [ Extension of period for which special care order has effect.

23J. (1) Where a special care order has been made in respect of a child and the F146 [ Child and Family Agency ] is satisfied that there is reasonable cause to believe that

( a ) the child is benefiting from the special care provided to him or her pursuant to the order,

( b ) notwithstanding paragraph (a) and having regard to the assessments made by the F146 [ Child and Family Agency ] under section 23ND(4) , the risk of harm to the child posed by his or her behaviour continues to exist,

( c ) the child requires the continuation of the provision to him or her of special care to adequately address that behaviour and risk of harm and his or her care requirements which the F146 [ Child and Family Agency ] cannot continue to provide to the child unless the period for which that special care order has effect is extended,

( d ) the provision of

(i) care by the F146 [ Child and Family Agency ] to the child, 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 or risk of harm or the care requirements of the child, and

( e ) the continuation of the provision of the special care and, for that purpose, the continuation of the detention of the child in a special care unit, is required to protect his or her life, health, safety, development or welfare,

the F146 [ Child and Family Agency ] shall, subject to subsection (2) , apply to the High Court to extend the period for which the special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than 2 applications may be made under this section.

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

(4) The F146 [ 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 an application under this section.

(5) The first application under this section shall be made before the expiration of the period specified in the special care order in accordance with section 23H(2) .

(6) The final application under this section shall be made before the expiration of the period for which the special care order was extended pursuant to the first application.

(7) Where the High Court is satisfied that

( a ) the conditions specified in paragraphs (a) to (e) of subsection (1) are satisfied in respect of the child, and

( b ) the continuation of the detention of the child in a special care unit is in the best interests of the child,

the High Court may, subject to subsection (8) , extend the period for which the special care order has effect and the High Court may, having regard to all the circumstances of the child, vary the special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(8) Each extension of the period for which a special care order has effect shall not exceed 3 months.

(9) Where the High Court extends the period for which a special care order has effect (in this section referred to as the extended period ) the extended period shall take effect

( a ) pursuant to the first application, immediately following the expiration of the period specified in the special care order in accordance with section 23H(2) , and

( b ) pursuant to the final application, immediately following the expiration of the previous extended period.

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F146 [ Child and Family Agency ] , extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF , is outside the State for the purpose referred to in section 23NF(2)(c) . ]

F148 [ Provision of special care units by F149 [ Child and Family Agency ] .

23K

23K. F150 [ (1) For the purposes of sections 23B and 23C , the F149 [ Child and Family Agency ] may, with the Minister s approval, provide special care units and maintain special care units whether provided by the F151 [ Agency ] or provided by a health board before the establishment day of the F151 [ Agency ] .

(1A) The F149 [ Child and Family Agency ] may, subject to its available resources and any general directions issued by the Minister, make arrangements with a voluntary body or other person for the provision and operation of a special care unit by that body or person on behalf of the F151 [ Agency ] .

(1B) Section 38 (2) to (9) of the Health Act 2004 shall apply with the necessary modifications in respect of an arrangement under this section with a voluntary body or other person for the provision and operation of a special care unit and the body or person making such arrangement with the F149 [ Child and Family Agency ] is for the purpose of Part 9 of that Act a service provider as defined in section 2 of that Act. ]

(2) The Minister shall not approve of the provision of a special care unit unless

( a ) having caused the unit to be inspected by a person authorised in that behalf by the Minister, and

( b ) having considered a report in writing of the inspection,

he or she is satisfied that the requirements of regulations under this section will be complied with by F152 [ the F149 [ Child and Family Agency ] , ] voluntary body or other person, as the case may be, in relation to the unit.

(3) The duration of an approval of a special care unit by the Minister shall be 3 years from the date of approval, and thereafter the Minister may renew the approval for a further period, or further periods, of the like duration.

(4) The Minister, on approving of a special care unit, shall cause a certificate to that effect to be issued to the F149 [ Child and Family Agency ] and the certificate shall without further proof, unless the contrary is shown, be admissible in any proceedings as evidence that the unit has been approved of by the Minister for the purposes of sections 23B and 23C .

F153 [ (4A) A certificate issued by the Minister to a health board before the amendment of this section by the Health Act 2004 shall be deemed to have been issued to the F149 [ Child and Family Agency ] . ]

(5) The Minister may cancel such a certificate if he or she is of opinion that the special care unit concerned is no longer suitable for use as such a unit or is no longer required for that purpose.

(6) The Minister shall make regulations with respect to the operation of special care units provided by or on behalf of F154 [ the F149 [ Child and Family Agency ] ] under this section and for securing the welfare of children detained therein.

(7) Without prejudice to the generality of subsection (6) , regulations under this section may prescribe requirements as to

( a ) the maintenance, care and welfare of children while being detained in special care units,

( b ) the staffing of those units,

( c ) the physical standards in those units, including the provision of adequate and suitable accommodation and facilities,

( d ) the periodical review of the cases of children in those units and the matters to be considered in such reviews,

( e ) the records to be kept in those units and the examination and copying of any such records or of extracts therefrom by persons authorised in that behalf by the Minister, and

( f ) the periodical inspection of those units by persons authorised in that behalf by

F155 [ (i) in case the units were provided in accordance with an arrangement referred to in subsection (1A) , the F149 [ Child and Family Agency ] , and ]

(ii) in any other case, the Minister in accordance with section 69 .

F156 [ (8) Section 10(1) and (2) shall apply with any necessary modifications in relation to a voluntary body or other person with whom the F149 [ Child and Family Agency ] enters into an arrangement referred to in subsection (1A) . ]

(9) Nothing in this section shall empower F157 [ the F149 [ Child and Family Agency ] ] to delegate to a voluntary body or any other person the power to apply for an order under section 23B or 23C .

(10) Where a child is detained in a special care unit provided under subsection F158 [ subsection (1A) ] , the provisions of section 23B(3) shall apply in relation to the voluntary body or other person providing or operating the unit.

(11) Nothing in this section shall authorise the placing of a child in a special care unit otherwise than in accordance with an interim special care order or a special care order. ]

Annotations:

Amendments:

F148

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F149

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F150

Substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 28(a), S.I. No. 887 of 2004.

F151

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F152

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(b), S.I. No. 887 of 2004.

F153

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(d), S.I. No. 887 of 2004.

F154

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(e), S.I. No. 887 of 2004.

F155

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(f), S.I. No. 887 of 2004.

F156

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(g), S.I. No. 887 of 2004.

F157

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(h), S.I. No. 887 of 2004.

F158

Substituted (1.01.2005) by Health Act 2004 (42/2004), s.75 and sch. 7, pt. 6, item 28(i), S.I. No. 887 of 2004.

F159

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.

F160

Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a), not commenced as of date of revision.

F161

Deleted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(b), not commenced as of date of revision.

Modifications (not altering text):

C29

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.

F159 [ Special care before determination under section 23F.

23K. Where the F149 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination under section 23F in respect of a child and has not yet made that determination but it is satisfied that there is reasonable cause to believe 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 of that child,

( c ) the risk of harm referred to in paragraph (b) is immediate,

( d ) having regard to that behaviour and risk of harm and having assessed the care requirements of that child

(i) the provision, or the continuation of the provision, by the F149 [ 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,

( e ) having regard to paragraph (d) , 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 an interim special care order in respect of that child,

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

( g ) having regard to paragraph (c) , the child requires special care immediately and before it has made a determination under section 23F ,

the F149 [ Child and Family Agency ] shall, as soon as possible, apply to the High Court for an interim special care order. ]

C30

Prospective affecting provision: subss. (2)(a) and (7)(f) amended by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1, item 3(a) and (b), not commenced as of date of revision.

(2) The Minister shall not approve of the provision of a special care unit unless—

( a) having caused the unit to be inspected F160 [ by the Office of the Chief Inspector of Social Services ], and

...

(7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to— ...

( f) the periodical inspection of those units F161 [ ].

...

Editorial Notes:

E58

Power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004).

E59

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (4) by Health Act 2004 (42/2004), s.75 and sch. 7, part 6 item 28(c), S.I. No. 887 of 2004; substituted as per F-note above.

F162 [ Recovery of absconding child.

23L

23L. Section 46 shall apply to the recovery of a child who absconds from a special care unit. ]

Annotations:

Amendments:

F162

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F163

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.

F164

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C31

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.

F163 [ Interim special care order.

23L. (1) Where the High Court is satisfied that there is reasonable cause to believe that

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

( b ) the F164 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination under section 23F ,

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

( d ) the risk of harm, referred to in paragraph (c) , is immediate,

( e ) 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 F164 [ 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,

( f ) having regard to paragraph (e) , the child requires special care to adequately address

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F164 [ Child and Family Agency ] cannot provide to the child unless an interim special care order is made in respect of that child,

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

( h ) having regard to paragraph (d) , the child requires special care immediately and it is required to be provided before the determination under section 23F is made in respect of that child, and

( i ) having regard to paragraphs (a) to (h) , 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 an interim special care order in respect of that child.

(2) An interim special care order shall specify the period for which it has effect and that period shall not exceed, subject to subsection (3) , 14 days from the day on which that order is made unless that period is extended under section 23N and shall

( a ) commit the child in respect of whom it is made to the care of the F164 [ Child and Family Agency ] ,

( b ) direct the F164 [ Child and Family Agency ] to detain that child in a special care unit, which the F164 [ Child and Family Agency ] considers appropriate for that child, for the purpose of providing that child with special care, and

( c ) direct the F164 [ Child and Family Agency ] to provide special care to, and to generally care for and maintain, that 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) An application for an interim special care order may be made ex parte where the High Court is satisfied that the interests of justice, the welfare of the child or the protection of the life, health, safety, development or welfare of the child so require, and, subject to section 23M(6) , where an interim special care order is made pursuant to an ex parte application the period for which such interim special care order has effect shall not exceed 8 days from the day on which it is made.

(4) For the purposes of executing an interim 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 F164 [ 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 F164 [ Child and Family Agency ] , at a special care unit specified by the F164 [ 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 F164 [ 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.

(5) Where the High Court makes an interim special care order, the F164 [ Child and Family Agency ] shall inform the Garda S í och á na immediately that the interim 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 section 23NA(1) .

(6) A person shall be deemed to have been given, or shown, a copy of an interim special care order or an order made, or warrant issued, under subsection (4) if that person was present at the sitting of the High Court at which that interim special care order or that order was made or that warrant was issued.

(7) If the F164 [ Child and Family Agency ] does not know the name of a child in respect of whom the application for an interim special care order is made, the F164 [ Child and Family Agency ] may make the application for the interim special care order without naming the child and the application shall contain such information in respect of the child to enable him or her to be identified for the purposes of the interim special care order. ]

F165 [ Amendment of section 4.

23M

23M. References in section 4 to Parts III , IV and VI shall be construed as including references to this Part. ]

Annotations:

Amendments:

F165

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F166

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.

F167

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C32

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.

F166 [ Interim special care orders made ex parte : supplemental provisions.

23M. (1) Where, in accordance with section 23L(3) , the High Court makes an interim special care order pursuant to an ex parte application

( a ) the High Court shall appoint a day for which the hearing of an application for an interim special care order on notice to the persons referred to in section 23G(1) is returnable to the High Court, and, subject to subsection (7) , the day appointed for such hearing shall not exceed 8 days from the day on which that interim special care order is made pursuant to the ex parte application,

( b ) the High Court shall, subject to a direction under subsection (2) , direct that a copy of the interim special care order made pursuant to the ex parte application and, subject to subsection (3) , notice of the hearing referred to in paragraph (a) , be served on a person referred to in, and in accordance with, paragraphs (a) and (b) of section 23G(1) ,

( c ) the High Court, where it makes an appointment under section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings, shall direct that a copy of the interim special care order made pursuant to the ex parte application and notice of the hearing referred to in paragraph (a) be served on a person appointed under that section, and

( d ) the High Court may direct that a person referred to in section 23G(2) and section 23G(5) , be informed of the making of that interim special care order and of the hearing referred to in paragraph (a) ,

and the High Court may direct that other information and documents be served on such persons and it may make such other provision and give directions, as it, having regard to all the circumstances, considers necessary and in the best interests of the child.

(2) The High Court, on the application of the F167 [ 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 a copy of the interim special care order referred to in subsection (1)(b) not be served on a person referred to in subsection (1)(b) .

(3) The High Court may, in respect of the hearing referred to in subsection (1)(a) , make a direction under section 23G(6) .

(4) The F167 [ Child and Family Agency ]

( a ) may inform a person referred to in section 23G(2) of the hearing referred to in subsection (1)(a) , and

( b ) shall, for the purposes of the hearing referred to in subsection (1)(a) and subject to a direction under subsection (2) , take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of section 23G(1) .

(5) Where the High Court makes an interim special care order at the hearing referred to in subsection (1)(a) , it shall, when specifying, in accordance with section 23L(2) , the period for which that order is to have effect, take into account the period for which the interim special care order made pursuant to the ex parte application has had effect and the cumulative period of the first-mentioned interim special care order and the interim special care order made pursuant to the ex parte application shall not, in accordance with section 23L(2) , exceed 14 days.

(6) Where, at the hearing referred to in subsection (1)(a) , the High Court

( a ) makes an interim special care order, the interim special care order made pursuant to the ex parte application shall cease to have effect immediately following the making of the first-mentioned interim special care order, or

( b ) refuses to make an interim special care order it shall discharge the interim special care order made pursuant to the ex parte application.

(7) Where the High Court makes an interim special care order pursuant to an ex parte application for a period which is less than 8 days, the day appointed for the hearing referred to in subsection (1)(a) shall not exceed the period for which such order is made.

(8) Without prejudice to the generality of the foregoing, the High Court may give directions as it considers necessary and in the best interests of the child in respect of an application made ex parte for an interim special care order and in respect of the hearing referred to in subsection (1)(a) including directions relating to the service of a copy of the interim special care order made ex parte or pursuant to the hearing referred to in subsection (1)(a) . ]

F168 [ Restriction.

23N

23N. A child on being found guilty of an offence may not be ordered to be placed or detained in a special care unit. ]

Annotations:

Amendments:

F168

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date).

F169

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.

F170

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C33

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.

F169 [ Extension of period for which interim special care order has effect.

23N. (1) Where an interim special care order has been made in respect of a child and the F170 [ Child and Family Agency ] has not yet made a determination under section 23F in respect of that child but it is satisfied that there is reasonable cause to believe that the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, the F170 [ Child and Family Agency ] shall, subject to subsections (2) and (8) , apply to the High Court to extend the period for which the interim special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than one application may be made under this section.

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

(4) The F170 [ 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 was made under section 23NA(2)(b) , inform the person in respect of whom that direction was made,

of an application under this section.

(5) An application under this section shall be made before the expiration of the period specified in the interim special care order in accordance with section 23L(2) .

(6) Where the High Court is satisfied that there is reasonable cause to believe that

( a ) the F170 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination in respect of the child under section 23F ,

( b ) the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, and

( c ) the continuation of the detention of the child in a special care unit is in the best interests of the child,

the High Court may, subject to subsections (7) and (8) , extend the period for which the interim special care order has effect, and the High Court may, having regard to all the circumstances of the child, vary the interim special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(7) The extension of the period for which the interim special care order has effect shall not exceed 21 days.

(8) An application to extend the period for which an interim special care order has effect shall not be made in respect of an interim special care order, referred to in section 23L(3) , which has been made pursuant to an ex parte application and in respect of which the hearing referred to in section 23M(1)(a) has not taken place.

(9) Where the High Court extends the period for which an interim special care order has effect (in this section referred to as the extended period ) the extended period shall take effect immediately following the expiration of the period specified in the interim special care order in accordance with section 23L(2) .

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F170 [ Child and Family Agency ] , extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF, is outside the State for the purpose referred to in section 23NF(2)(c) . ]

F171 [ Sections 23H and 23L: supplemental provisions.

23NA

23NA. ]

Annotations:

Amendments:

F171

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.

F172

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. no. 502 of 2013.

Modifications (not altering text):

C34

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.

F171 [ 23NA. (1) Where the High Court has made a special care order or an interim special care order in respect of a child, it may, on the application of the F172 [ Child and Family Agency ] , make an order, for the duration of the period for which that special care order or interim special care order has effect, directing the Garda S í och á na, when requested by the F172 [ Child and Family Agency ] , to search for and find the child and to deliver the child to the custody of the F172 [ Child and Family Agency ] at a special care unit specified by the F172 [ Child and Family Agency ] where the child

( a ) is, without lawful authority or the consent or knowledge of the F172 [ Child and Family Agency ] , removed from the custody of the F172 [ Child and Family Agency ] or from a special care unit,

( b ) absconds from a special care unit or the custody of the F172 [ Child and Family Agency ] ,

( c ) fails to return, or is prevented from returning to

(i) a special care unit, or

(ii) the custody of the F172 [ Child and Family Agency ] ,

or

( d ) is missing or is otherwise absent, without the consent or knowledge of the F172 [ Child and Family Agency ] , from a special care unit or place to which he or she has been released under section 23NF or 23NG .

(2) Where the High Court makes a special care order or an interim special care order, the High Court, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, on its own motion or on the application of a parent, a guardian of the child, a person in loco parentis or the F172 [ Child and Family Agency ]

( a ) may, for the purpose of protecting the life, health, safety, development or welfare of the child

(i) give directions in relation to the withholding of the address of the special care unit from a named person,

(ii) give directions in relation to the access, if any, to the child by a named person and the conditions under which that access is to be permitted, and

(iii) direct that, notwithstanding sections 23I(2) , 23J(3) , 23N(3) , 23NE(6) , 23NE(7) , 23NE(8) , 23NF(4) and 23NG(3) , a review under section 23I and an application under sections 23J , 23N , 23NE , 23NF and 23NG , or any of them, shall be made otherwise than on notice to a named person, being a person to whom notice of such review or application is made pursuant to those sections,

and

( b ) may, where it has made a direction under section 23G(5) , for the purpose of protecting the life, health, safety, development or welfare of the child, direct that the person referred to in that subsection be informed of a review under section 23I and an application under sections 23J , 23N , 23NE , 23NF and 23NG , or any of them.

(3) Where the High Court makes a special care order or an interim special care order and before that order was made the F172 [ Child and Family Agency ] was unable to locate

( a ) a parent having custody of the child concerned,

( b ) a guardian of the child, if any, or

( c ) a person in loco parentis ,

the F172 [ Child and Family Agency ] shall take all steps reasonably open to it to find that parent, guardian or person and, subject to a direction under subsection (2)(a) and section 23M(2) , or any other order or direction of the High Court, inform him or her

(i) that a special care order or an interim special care order has been made in respect of the child and the terms and conditions of that order,

(ii) of the name and location of the special care unit in which the child is detained, and

(iii) of an order made, or warrant issued, if any, under section 23H or 23L , an order, if any, made under subsection (1) , and a direction, if any, made under subsection (2) .

(4) Where the High Court makes a direction referred to in section 23G(6) and, following that direction, makes a special care order or an interim special care order in respect of the child, subject to that direction, or other order or direction of the High Court including a direction referred to in subsection (2)(a) , the F172 [ Child and Family Agency ] shall take all steps reasonably open to it to inform that parent or person

( a ) that the special care order or interim special care order has been made in respect of the child and the terms and conditions of that order,

( b ) of the name and location of the special care unit in which the child is detained, and

( c ) of an order made, or warrant issued, if any, made under section 23H , or 23L , an order, if any, made under subsection (1) , and a direction, if any, made under subsection (2) .

(5) Where the High Court makes a special care order or an interim special care order, the F172 [ Child and Family Agency ] , may apply to the High Court for an order to require a parent, or both parents, to pay to the F172 [ Child and Family Agency ] a sum of money as a contribution towards the cost of maintaining the child, in each week or other period and the application shall be on notice to the parent concerned or both of them.

(6) Where

( a ) an application under subsection (5) is made, the High Court shall have regard to the means of a parent, or both parents, and where it makes the order it may give directions and make such other provision as it considers necessary, and

( b ) the High Court makes the order referred to in subsection (5) , a parent, or both parents, may apply to the High Court to vary or discharge the order to pay the sum of money referred to in subsection (5) .

(7) Where the High Court makes an interim special care order, the F172 [ Child and Family Agency ] shall, as soon as possible, take all steps reasonably open to it to make a determination, in respect of the child concerned, under, and in accordance with, section 23F .

(8) A person shall be deemed to have been given, or shown, a copy of an order referred to in subsection (1) if that person was present at the sitting of the High Court at which that order was made.

(9) The duration of the period for which the order made under subsection (1) has effect, may be extended with an application under section 23J or 23N . ]

F173 [ Failure to find child.

23NB

23NB. ]

Annotations:

Amendments:

F173

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.

F174

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C35

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.

F173 [ 23NB. (1) Where a child, in respect of whom a special care order or an interim special care order has been made, has not been found within 3 days of the making of that order the F174 [ Child and Family Agency ] shall, on notice to the persons referred to in subsection (3) , notify the High Court as soon as practicable after those 3 days have expired, that the child has not been found and of all steps taken, and proposed to be taken, by the F174 [ Child and Family Agency ] and the Garda S í och á na to find the child.

(2) The High Court may, following the notification under subsection (1) , give directions and make such other provision in relation to that order and the execution of that order as it considers necessary and in the best interests of the child.

(3) A notification under subsection (1) shall, subject to a direction referred to in section 23G(6) or 23M(2) , and section 23NA(2)(a) , be made on notice to a person referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1) .

(4) Where a direction was made under section 23NA(2)(b) , the F174 [ Child and Family Agency ] shall inform the person in respect of whom that direction was made, of the notification under this section.

(5) Where the F174 [ Child and Family Agency ] considers it appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of the notification under this section. ]

F175 [ Appeal and staying of order.

23NC

23NC. ]

Annotations:

Amendments:

F175

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..

Modifications (not altering text):

C36

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.

F175 [ 23NC. Where

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

( b ) an extension under section 23J or 23N ,

is appealed, the High Court, may direct that the special care order, interim special care order or extension is to be stayed pending the hearing and determination of the appeal. ]

F176 [ Functions of F177 [ Child and Family Agency ] when providing special care.

23ND

23ND. ]

Annotations:

Amendments:

F176

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.

F177

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C37

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.

F176 [ Functions of F177 [ Child and Family Agency ] when providing special care.

23ND. (1) Where a special care order or an interim special care order has effect the F177 [ Child and Family Agency ]

( a ) shall have the like control over the child as if it were a parent of that child,

( b ) shall do what is reasonable, subject to this Part, to promote his or her health, development or welfare and protect his or her life, health, safety, development or welfare, having regard to all the circumstances of the child,

( c ) shall have the authority to decide on the special care to be provided to the child having regard to his or her care r