Child Care Act 1991

F178 [ Inspection by authorised persons.

23T

23T. (1) Where the F179 [ Child and Family Agency ] has received a notice in accordance with section 23P in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing.

(2) A judge of the District Court may, if satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken and that the F179 [ Child and Family Agency ] has not received the requisite notice, issue a warrant authorising an authorised officer, accompanied if necessary by other persons, to enter, if need by reasonable force, and inspect any premises (including a private dwelling) in which the child may be residing.

(3) An authorised officer, on entering any such premises, shall investigate the care and attention that the child is receiving and the condition of the premises with a view to ensuring that the person undertaking the arrangement is complying with his or her duty to take all reasonable measures to safeguard the child s health, safety and welfare.

(4) An authorised officer may request a member of the Garda S í och á na to accompany him or her when carrying out an inspection. ]

Annotations:

Amendments:

F178

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F179

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:

E85

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (1) and (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 33, S.I. No. 887 of 2004; substituted as per F-note above.