Child Care Act 1991

F127 [ Interim special care orders made ex parte : supplemental provisions.

23M

23M. (1) Where, in accordance with section 23L(3) , the High Court makes an interim special care order pursuant to an ex parte application

( a ) the High Court shall appoint a day for which the hearing of an application for an interim special care order on notice to the persons referred to in section 23G(1) is returnable to the High Court, and, subject to subsection (7) , the day appointed for such hearing shall not exceed 8 days from the day on which that interim special care order is made pursuant to the ex parte application,

( b ) the High Court shall, subject to a direction under subsection (2) , direct that a copy of the interim special care order made pursuant to the ex parte application and, subject to subsection (3) , notice of the hearing referred to in paragraph (a) , be served on a person referred to in, and in accordance with, paragraphs (a) and (b) of section 23G(1) ,

( c ) the High Court, where it makes an appointment under section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings, shall direct that a copy of the interim special care order made pursuant to the ex parte application and notice of the hearing referred to in paragraph (a) be served on a person appointed under that section, and

( d ) the High Court may direct that a person referred to in section 23G(2) and section 23G(5) , be informed of the making of that interim special care order and of the hearing referred to in paragraph (a) ,

and the High Court may direct that other information and documents be served on such persons and it may make such other provision and give directions, as it, having regard to all the circumstances, considers necessary and in the best interests of the child.

(2) The High Court, on the application of the F128 [ 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 a copy of the interim special care order referred to in subsection (1)(b) not be served on a person referred to in subsection (1)(b) .

(3) The High Court may, in respect of the hearing referred to in subsection (1)(a) , make a direction under section 23G(6) .

(4) The F128 [ Child and Family Agency ]

( a ) may inform a person referred to in section 23G(2) of the hearing referred to in subsection (1)(a) , and

( b ) shall, for the purposes of the hearing referred to in subsection (1)(a) and subject to a direction under subsection (2) , take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of section 23G(1) .

(5) Where the High Court makes an interim special care order at the hearing referred to in subsection (1)(a) , it shall, when specifying, in accordance with section 23L(2) , the period for which that order is to have effect, take into account the period for which the interim special care order made pursuant to the ex parte application has had effect and the cumulative period of the first-mentioned interim special care order and the interim special care order made pursuant to the ex parte application shall not, in accordance with section 23L(2) , exceed 14 days.

(6) Where, at the hearing referred to in subsection (1)(a) , the High Court

( a ) makes an interim special care order, the interim special care order made pursuant to the ex parte application shall cease to have effect immediately following the making of the first-mentioned interim special care order, or

( b ) refuses to make an interim special care order it shall discharge the interim special care order made pursuant to the ex parte application.

(7) Where the High Court makes an interim special care order pursuant to an ex parte application for a period which is less than 8 days, the day appointed for the hearing referred to in subsection (1)(a) shall not exceed the period for which such order is made.

(8) Without prejudice to the generality of the foregoing, the High Court may give directions as it considers necessary and in the best interests of the child in respect of an application made ex parte for an interim special care order and in respect of the hearing referred to in subsection (1)(a) including directions relating to the service of a copy of the interim special care order made ex parte or pursuant to the hearing referred to in subsection (1)(a) . ]

Annotations:

Amendments:

F127

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.

F128

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:

E79

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.