Child Care Act 1991

F129 [ Extension of period for which interim special care order has effect.

23N

23N. (1) Where an interim special care order has been made in respect of a child and the F130 [ Child and Family Agency ] has not yet made a determination under section 23F in respect of that child but it is satisfied that there is reasonable cause to believe that the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, the F130 [ Child and Family Agency ] shall, subject to subsections (2) and (8) , apply to the High Court to extend the period for which the interim special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than one application 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 F130 [ 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 was made under section 23NA(2)(b) , inform the person in respect of whom that direction was made,

of an application under this section.

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

(6) Where the High Court is satisfied that there is reasonable cause to believe that

( a ) the F130 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination in respect of the child under section 23F ,

( b ) the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, and

( c ) 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 subsections (7) and (8) , extend the period for which the interim special care order has effect, and the High Court may, having regard to all the circumstances of the child, vary the interim special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(7) The extension of the period for which the interim special care order has effect shall not exceed 21 days.

(8) An application to extend the period for which an interim special care order has effect shall not be made in respect of an interim special care order, referred to in section 23L(3) , which has been made pursuant to an ex parte application and in respect of which the hearing referred to in section 23M(1)(a) has not taken place.

(9) Where the High Court extends the period for which an interim special care order has effect (in this section referred to as the extended period ) the extended period shall take effect immediately following the expiration of the period specified in the interim special care order in accordance with section 23L(2) .

(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 F130 [ 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:

F129

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.

F130

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:

E80

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.