Child Care Act 1991

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):

C7

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.

C8

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:

E40

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.

E41

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.