Child Care Act 1991

F98 [ PART IVA

Children in need of Special Care or Protection ]

Annotations:

Amendments:

F98

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

Annotations:

Amendments:

F98

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

F99

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

Editorial Notes:

E47

Part amended by substitution of “Child and Family Agency” for “Health Service Executive” (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017. This amendment was already made by Child and Family Agency Act 2013, see F-note in each affected section.

E48

Power conferred on Child and Family Agency to make arrangements with any suitable person to discharge its obligations under Part (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 58(1), S.I. No. 502 of 2013.

E49

Payment of legal aid contribution exempted for defence of proceedings brought by the Health Service Executive under Part by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), reg. 21(11) as inserted (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), reg. 3(ii)(f).

E50

District Court termed “Children Court” for the purpose of Part IVA of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

F99 [ Interpretation.

23A

23A. In this Part

Act of 2007 means the Health Act 2007 ;

care requirements means the care a child requires having regard to his or her behaviour;

Children Act order means

( a ) a reprimand referred to in section 98 of the Act of 2001,

( b ) an order referred to in paragraph ( a ), ( b ), ( c ), ( d ), ( e ) or ( f ) of section 98 of the Act of 2001, or

( c ) a community sanction referred to in paragraph ( a ), ( b ), ( c ) or ( d ) of section 115 of the Act of 2001 and such sanction is not subject to a condition referred to in paragraph ( d ) of section 117 of the Act of 2001;

children detention order has the meaning assigned to it by section 3 of the Act of 2001;

custodial sentence means

( a ) a children detention order but does not include a children detention order the making of which has been deferred under section 144 of the Act of 2001,

( b ) a detention and supervision order referred to in section 151 of the Act of 2001, or

( c ) a sentence referred to in section 155 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001;

family welfare conference has the meaning assigned to it by the Act of 2001;

guardian , in relation to a child, means a person who

( a ) is a guardian of a child pursuant to the Guardianship of Infants Act 1964 , or

( b ) is appointed to be a guardian of the child by

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

interim special care order means an order made under section 23L ;

relative has the meaning assigned to it in section 23O (inserted by the Act of 2001);

special care shall be construed in accordance with section 23C ;

special care order means an order made under section 23H ;

special care unit means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care;

suspended custodial sentence means a custodial sentence which does not take effect immediately it is imposed and does not include

( a ) a children detention order the making of which has been deferred under section 144 of the Act of 2001, or

( b ) a period of detention which has been suspended under section 144(9)( b ) of the Act of 2001. ]

Annotations:

Amendments:

F99

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

Editorial Notes:

E51

Previous affecting provision: section amended (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; section substituted as per F-note above.

E52

Previous affecting provision: subss. (2)(b), (5) deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1), S.I. No. 453 of 2011; section substituted as per F-note above.

E53

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 21(a)-(c), S.I. No. 887 of 2004; section substituted as per F-note above.

E54

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 21(d), S.I. No. 887 of 2004; repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(b), S.I. No. 453 of 2011.