Child Care Act 1991

F113 [ Notice of application for special care order or interim special care order.

23G

23G. (1) An application for a special care order or an interim special care order shall, subject to subsection (6) and section 23L(3) , be made on notice to

( a ) a parent having custody of the child, unless the parent is dead, missing or cannot be found,

( b ) a guardian of the child, if any, or a person, if any, acting in loco parentis unless that guardian or that person is dead, missing or cannot be found, and

( c ) a guardian ad litem , where such guardian is appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of proceedings under this Part and whose appointment has effect in accordance with section 26(4) .

(2) Where having regard to all the circumstances of a child the F114 [ Child and Family Agency ] considers it appropriate for that child, it may inform any of the following persons of an application for a special care order or an interim special care order:

( a ) a relative of the child;

( b ) a person who, in the opinion of the F114 [ Child and Family Agency ] , has knowledge of that child and his or her family or other circumstances.

(3) The F114 [ Child and Family Agency ] shall inform the Garda S í och á na of an application for a special care order or an interim special care order including an application for an interim special care order referred to in section 23L(3) .

(4) The F114 [ Child and Family Agency ] shall, for the purposes of subsection (1) , take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1) .

(5) The High Court, having regard to all the circumstances of the child, may direct that, in addition to the persons referred to in subsections (1) and (2) , another person, who has knowledge of that child and his or her family or other circumstances, be informed of an application for a special care order or an interim special care order.

(6) Notwithstanding paragraphs (a) and (b) of subsection (1) , the High Court, on the application of the F114 [ Child and Family Agency ] , may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that an application referred to in subsection (1) shall be made otherwise than on notice to a named person being a person to whom, pursuant to paragraphs (a) and (b) of subsection (1) , such application is to be made on notice and the High Court may make such other provision and give other directions in respect of such notice, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child. ]

Annotations:

Amendments:

F113

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.

F114

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.

Editorial Notes:

E70

Previous affecting provision: Part IVA (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.