Child Care Act 1991

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.

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. ]

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. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 item 4, S.I. No. 636 of 2017.

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 (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 9, S.I. No. 637 of 2017.

Modifications (not altering text):

C13

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

...

...

...

C14

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.