Child Care Act 1991

F100 [ Provision of special care and special care units.

23B

23B. (1) The F101 [ Child and Family Agency ] shall provide special care to a child in respect of whom a special care order or an interim special care order has been made for the period for which that special care order or interim special care order has effect.

(2) The F101 [ Child and Family Agency ] shall not detain a child in a special care unit unless the detention is pursuant to, and in accordance with, a special care order or an interim special care order made in respect of that child or the High Court has otherwise ordered.

(3) The F101 [ Child and Family Agency ] shall

( a ) provide special care units, and

( b ) maintain and administer special care units provided by it under paragraph (a) ,

and shall comply with regulations, if any, made under the Act of 2007 in relation to special care units and standards, if any, set out under section 8(1)( b ) of the Act of 2007.

(4) Notwithstanding subsection (3) and subject to subsection (5) , the F101 [ Child and Family Agency ] may, for the purposes of this Part, enter into an arrangement with a person under F102 [ section 58 of the Child and Family Agency Act 2013 ] in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit.

(5) Without prejudice to the generality of F103 [ section 58 of the Child and Family Agency Act 2013 ] and to any term, condition of or other matter relating to an arrangement under that section as the F101 [ Child and Family Agency ] , in accordance with that section, considers appropriate, for the purposes of this Part

( a ) the provisions specified in subsection (6) shall apply to a person with whom that arrangement is entered into,

( b ) the F101 [ Child and Family Agency ] , in relation to an arrangement referred to in subsection (4) , shall

(i) supervise and monitor the special care unit provided, maintained and administered under the arrangement and the provision of special care in that unit, and

(ii) establish procedures for the notification to it of the release of a child pursuant to and in accordance with section 23NF(9) ,

( c ) where a child, in respect of whom a special care order or an interim special care order has been made

(i) is, without lawful authority or the consent or the knowledge of the F101 [ Child and Family Agency ] or the person with whom such arrangement is entered into, removed from a special care unit provided pursuant to such arrangement,

(ii) absconds from a special care unit provided pursuant to such arrangement,

(iii) fails to return, or is prevented from returning, to a special care unit provided pursuant to such arrangement, or

(iv) is missing or is otherwise absent, without the consent or knowledge of the F101 [ Child and Family Agency ] or the person with whom such arrangement has been entered into, from a special care unit provided pursuant to such arrangement or place to which he or she has been released in accordance with section 23NF or 23NG ,

the person with whom such arrangement has been entered into shall forthwith inform the F101 [ Child and Family Agency ] ,

( d ) guidelines prepared and published by the F101 [ Child and Family Agency ] under section 23NO in respect of the procedures referred to in paragraphs (a) and (c) of that section shall apply to a person with whom such arrangement has been entered into, and

( e ) nothing in that arrangement or this Act shall be construed as permitting the person, with whom the arrangement referred to in subsection (4) was entered into, to apply for

(i) a special care order or an interim special care order,

(ii) an extension, discharge or variation of such order, or

(iii) the release of the child under section 23NF(1) or 23NG ,

or to make an application to the High Court in respect of proceedings under or pursuant to this Part.

(6) The provisions referred to in subsection (5)(a) are

( a ) subsections (1) , (2) and (3) ,

( b ) subsections (1) and (5) of section 23D ,

( c ) section 23E(6) ,

( d ) paragraphs (b) and (f) of subsection (1) of section 23ND , and

( e ) paragraphs (a) and (b) of subsection (9) of section 23NF . ]

Annotations:

Amendments:

F100

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2007) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F101

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.

F102

Substituted (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.

F103

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 10(b), S.I. No. 502 of 2013. This amendment was also made (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.

Editorial Notes:

E55

Amendment of subs. (5) (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 10(b), S.I. No. 502 of 2013, could not be made in the previous version; as drafted the amendment could only be made to the version substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), S.I. No. 637 of 2017.

E56

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.

E57

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

E58

Previous affecting provision: subs. (1) amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(1) and sch. part 1 item 2, S.I. No. 509 of 2007; deleted as per F-note above.

E59

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2), (3), (5) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; substituted as per F-note above.

E60

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; section substituted as per F-note above.

E61

Previous affecting provision: Part inserted (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.