Child Care Act 1991

F125 [ Interim special care order.

23L

23L. (1) Where the High Court is satisfied that there is reasonable cause to believe that

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

( b ) the F126 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination under section 23F ,

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

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

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

(i) the provision , or the continuation of the provision, by the F126 [ Child and Family Agency ] to that 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,

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

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F126 [ Child and Family Agency ] cannot provide to the child unless an interim special care order is made in respect of that child,

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

( h ) having regard to paragraph (d) , the child requires special care immediately and it is required to be provided before the determination under section 23F is made in respect of that child, and

( i ) having regard to paragraphs (a) to (h) , the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,

the High Court may make an interim special care order in respect of that child.

(2) An interim special care order shall specify the period for which it has effect and that period shall not exceed, subject to subsection (3) , 14 days from the day on which that order is made unless that period is extended under section 23N and shall

( a ) commit the child in respect of whom it is made to the care of the F126 [ Child and Family Agency ] ,

( b ) direct the F126 [ Child and Family Agency ] to detain that child in a special care unit, which the F126 [ Child and Family Agency ] considers appropriate for that child, for the purpose of providing that child with special care, and

( c ) direct the F126 [ Child and Family Agency ] to provide special care to, and to generally care for and maintain, that child,

and the High Court 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.

(3) An application for an interim special care order may be made ex parte where the High Court is satisfied that the interests of justice, the welfare of the child or the protection of the life, health, safety, development or welfare of the child so require, and, subject to section 23M(6) , where an interim special care order is made pursuant to an ex parte application the period for which such interim special care order has effect shall not exceed 8 days from the day on which it is made.

(4) For the purposes of executing an interim special care order the High Court may

( a ) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F126 [ Child and Family Agency ] ,

( b ) make an order directing the Garda S í och á na to search for and find the child and to deliver the child to the custody of the F126 [ Child and Family Agency ] , at a special care unit specified by the F126 [ Child and Family Agency ] , and

( c ) issue a warrant authorising a member of the Garda S í och á na, accompanied by such other members of the Garda S í och á na or such other persons as may be necessary, to enter, if need be by force, any house or other place specified in the warrant, including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the F126 [ Child and Family Agency ] at the special care unit in which the child is to be detained,

and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child.

(5) Where the High Court makes an interim special care order, the F126 [ Child and Family Agency ] shall inform the Garda S í och á na immediately that the interim special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and section 23NA(1) .

(6) A person shall be deemed to have been given, or shown, a copy of an interim special care order or an order made, or warrant issued, under subsection (4) if that person was present at the sitting of the High Court at which that interim special care order or that order was made or that warrant was issued.

(7) If the F126 [ Child and Family Agency ] does not know the name of a child in respect of whom the application for an interim special care order is made, the F126 [ Child and Family Agency ] may make the application for the interim special care order without naming the child and the application shall contain such information in respect of the child to enable him or her to be identified for the purposes of the interim special care order. ]

Annotations:

Amendments:

F125

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.

F126

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:

E78

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.