Child Care Act 1991

F183 [ Restrictions on private foster care arrangements in certain cases.

23V

23V. A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under F184 [ an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act. ]

(2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless

( a ) the child is eligible for adoption under F185 [ the Adoption Act 2010 ] , and

( b ) the F186 [ Child and Family Agency ] has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

(3) If the F186 [ Child and Family Agency ] believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2) , it may apply to the District Court for an order either

( a ) that the child be taken into its care under section 13 , 17 or 18 , or

( b ) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly. ]

Annotations:

Amendments:

F183

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

F184

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(c), S.I. No. 511 of 2010.

F185

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(d), S.I. No. 511 of 2010 as amended (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 49(c), commenced on enactment.

F186

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:

E86

Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 35, S.I. No. 887 of 2004; substituted as per F-note above.

E87

Previous affecting provision: subs. (1) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004; substituted as per F-note above.