Child Care Act 1991

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):

C10

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.

C11

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:

E37

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.