Child Care Act 1991

F119 [ Extension of period for which special care order has effect.

23J

23J. (1) Where a special care order has been made in respect of a child and the F120 [ Child and Family Agency ] is satisfied that there is reasonable cause to believe that

( a ) the child is benefiting from the special care provided to him or her pursuant to the order,

( b ) notwithstanding paragraph (a) and having regard to the assessments made by the F120 [ Child and Family Agency ] under section 23ND(4) , the risk of harm to the child posed by his or her behaviour continues to exist,

( c ) the child requires the continuation of the provision to him or her of special care to adequately address that behaviour and risk of harm and his or her care requirements which the F120 [ Child and Family Agency ] cannot continue to provide to the child unless the period for which that special care order has effect is extended,

( d ) the provision of

(i) care by the F120 [ Child and Family Agency ] to the child, other than special care, and

(ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001 ,

will not adequately address that behaviour or risk of harm or the care requirements of the child, and

( e ) the continuation of the provision of the special care and, for that purpose, the continuation of the detention of the child in a special care unit, is required to protect his or her life, health, safety, development or welfare,

the F120 [ Child and Family Agency ] shall, subject to subsection (2) , apply to the High Court to extend the period for which the special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than 2 applications may be made under this section.

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

(4) The F120 [ 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 an application under this section.

(5) The first application under this section shall be made before the expiration of the period specified in the special care order in accordance with section 23H(2) .

(6) The final application under this section shall be made before the expiration of the period for which the special care order was extended pursuant to the first application.

(7) Where the High Court is satisfied that

( a ) the conditions specified in paragraphs (a) to (e) of subsection (1) are satisfied in respect of the child, and

( b ) the continuation of the detention of the child in a special care unit is in the best interests of the child,

the High Court may, subject to subsection (8) , extend the period for which the special care order has effect and the High Court may, having regard to all the circumstances of the child, vary the special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(8) Each extension of the period for which a special care order has effect shall not exceed 3 months.

(9) Where the High Court extends the period for which a special care order has effect (in this section referred to as the extended period ) the extended period shall take effect

( a ) pursuant to the first application, immediately following the expiration of the period specified in the special care order in accordance with section 23H(2) , and

( b ) pursuant to the final application, immediately following the expiration of the previous extended period.

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F120 [ Child and Family Agency ] , extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF , is outside the State for the purpose referred to in section 23NF(2)(c) . ]

Annotations:

Amendments:

F119

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.

F120

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:

E73

Previous affecting provision: section amended (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 3, S.I. No. 296 of 2017; section substituted as per F-note above.

E74

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.