Child Care Act 1991

F121 [ Special care before determination under section 23F.

23K

23K. Where the F122 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination under section 23F in respect of a child and has not yet made that determination but it is satisfied that there is reasonable cause to believe that

( a ) the child has attained the age of 11 years,

( b ) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare of that child,

( c ) the risk of harm referred to in paragraph (b) is immediate,

( d ) having regard to that behaviour and risk of harm and having assessed the care requirements of that child

(i) the provision, or the continuation of the provision, by the F122 [ Child and Family Agency ] to the child of care 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 and risk of harm and those care requirements,

( e ) having regard to paragraph (d) , the child requires special care to adequately address

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which it cannot provide to the child unless the High Court makes an interim special care order in respect of that child,

( f ) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and

( g ) having regard to paragraph (c) , the child requires special care immediately and before it has made a determination under section 23F ,

the F122 [ Child and Family Agency ] shall, as soon as possible, apply to the High Court for an interim special care order. ]

Annotations:

Amendments:

F121

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.

F122

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.

F123

Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a), not commenced as of date of revision.

F124

Deleted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(b), not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: subss. (2)(a) and (7)(f) amended by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a) and (b), not commenced as of date of revision.

(2) The Minister shall not approve of the provision of a special care unit unless—

( a) having caused the unit to be inspected F123 [ by the Office of the Chief Inspector of Social Services ], and

...

(7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to— ...

( f) the periodical inspection of those units F124 [ ].

...

Editorial Notes:

E75

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 28, S.I. No. 887 of 2004.

E76

Previous affecting provision: power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004); revoked (1.01.2018) by Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017 (S.I. No. 634 of 2017), reg. 3, in effect as per reg. 2.

E77

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.