Child Care Act 1991

F117 [ Review of special care order.

23I

23I. (1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J , specify the date or dates for such review.

(2) A review under this section shall, subject to a direction under section 23NA(2)(a) , if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1) .

(3) The F118 [ Child and Family Agency ]

( a ) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2) , and

( b ) shall, where a direction has been made under section 23NA(2)(b) , inform the person in respect of whom that direction was made,

of a review under this section.

(4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4) .

(5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(6) Where a day is specified for a review under this section and on that day the child concerned is

( a ) pursuant to section 23NF , outside the State for the purpose referred to in section 23NF(2)(c) , or

( b ) pursuant to section 23NG , released from the special care unit for a purpose referred to in section 23NG(1) ,

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose. ]

Annotations:

Amendments:

F117

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.

F118

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.

Modifications (not altering text):

C15

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F117 [ Review of special care order.

23I. (1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J , specify the date or dates for such review.

(2) A review under this section shall, subject to a direction under section 23NA(2)(a) , if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1) .

(3) The F118 [ Child and Family Agency ]

( a ) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2) , and

( b ) shall, where a direction has been made under section 23NA(2)(b) , inform the person in respect of whom that direction was made,

of a review under this section.

(4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4) .

(5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(6) Where a day is specified for a review under this section and on that day the child concerned is

( a ) pursuant to section 23NF , outside the State for the purpose referred to in section 23NF(2)(c) , or

( b ) pursuant to section 23NG , released from the special care unit for a purpose referred to in section 23NG(1) ,

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose. ]

Editorial Notes:

E72

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.