Child Care Act 1991

Jurisdiction.

28

28. (1) The District Court and the Circuit Court on appeal from the District Court shall have jurisdiction to hear and determine proceedings under Part III, IV or VI F208 [ and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011). ]

(2) Proceedings under Part III, IV or VI F209 [ , and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011), ] may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being.

F210 [ (3) The High Court shall have jurisdiction to hear and determine

( a ) proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), other than proceedings under section 23NP (inserted by the Child Care (Amendment) Act 2011),

( b ) any application or other matter under, and in accordance with, this Act (as amended by the Child Care (Amendment) Act 2011) that relates to a special care order, an interim special care order or the hearing and determination of proceedings for special care under Part IVA (as amended by the Child Care (Amendment) Act 2011),

( c ) without prejudice to the generality of paragraph (b) , any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA , and

( d ) without prejudice to the generality of paragraph (b) , any proceedings relating to section 37 (as amended by the Child Care (Amendment) Act 2011) in so far as they concern a child who is the subject of a special care order or an interim special care order during the period for which the order concerned has effect.

(4) The District Court, and the Circuit Court on appeal from the District Court, shall have jurisdiction to hear and determine an application for a care order or a supervision order notwithstanding that, at the time that application is made, a special care order or an interim special care order has effect in respect of the child concerned. ]

Annotations:

Amendments:

F208

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(1)(a), S.I. No. 637 of 2017.

F209

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(1)(b), S.I. No. 637 of 2017.

F210

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(2), S.I. No. 637 of 2017.