Child Care Act 1991

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 ].

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. ]

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. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 item 3, S.I. No. 636 of 2017.

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 (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 8, S.I. No. 637 of 2017.

Editorial Notes:

E44

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.