Child Care Act 1991

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:

E42

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.

E43

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.