Child Care Act 1991

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

20

20. F90 [ Where in any proceedings under section 7 , 8 , 11 , 11B or Part III of the Guardianship of Infants Act, 1964 , or in any case to which

( a ) section 3 (3) of the Judicial Separation and Family Law Reform Act, 1989 ,

( b ) section 6( b ) or 10( f ) of the Family Law Act, F91 [ 1995 , ]

( c ) section 5(2), 11( b ) or 41 of the Family Law (Divorce) Act, F91 [ 1996 , or ]

F92 [ (d) section 110 (2), 115 (c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ]

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct F93 [ the F94 [ Child and Family Agency ] ] to undertake an investigation of the child s circumstances. ]

(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court 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 concerned pending the outcome of the investigation by the F94 [ Child and Family Agency ].

(3) Where the court gives a direction under subsection (1), the F94 [ Child and Family Agency ] shall undertake an investigation of the child’s circumstances and shall consider whether it should—

( a) apply for a care order or for a supervision order with respect to the child,

( b) provide services or assistance for the child or his family, or

( c) take any other action with respect to the child.

(4) Where F93 [ the F94 [ Child and Family Agency ] ] undertakes an investigation under this section and decides not to apply for a care order or a supervision order with respect to the child concerned, it shall inform the court of—

( a) its reasons for so deciding,

( b) any service or assistance it has provided, or it intends to provide, for the child and his family, and

( c) any other action which it has taken, or proposes to take, with respect to the child.

F95 [ (5) Where the Health Service Executive was directed to undertake an investigation into a child s circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency

(a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency,

(b) the investigation may be completed by the Agency, and

(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Agency. ]

Annotations:

Amendments:

F90

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 1(2).

F91

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(a) and (b), S.I. No. 12 of 2016.

F92

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(c), S.I. No. 12 of 2016.

F93

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 19(a), S.I. No. 887 of 2004.

F94

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.

F95

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 9, S.I. No. 502 of 2013.

Editorial Notes:

E45

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

E46

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2) and (3) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.