Child Care Act 1991

PART II

Promotion of Welfare of Children

Functions of F11 [ Child and Family Agency ].

3

3. (1) It shall be a function of F12 [ the F11 [ Child and Family Agency ] ] to promote the welfare of children F13 [ ] who are not receiving adequate care and protection.

(2) In the performance of this function, F14 [ the F11 [ Child and Family Agency ] ] shall—

( a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children F15 [ ];

( b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—

(i) regard the welfare of the child as the first and paramount consideration, and

(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and

( c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.

(3) F16 [ The F11 [ Child and Family Agency ] ] shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69 .

(4) F17 [ ]

Annotations:

Amendments:

F11

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.

F12

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(a), S.I. No. 887 of 2004.

F13

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(a), S.I. No. 887 of 2004.

F14

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(b), S.I. No. 887 of 2004.

F15

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(b), S.I. No. 887 of 2004.

F16

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(c), S.I. No. 887 of 2004.

F17

Deleted (30.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 4, S.I. No. 497 of 2011.

Editorial Notes:

E24

Previous affecting provision: subs. (4) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 2(d), S.I. No. 887 of 2004; deleted as per F-note above.