Child Care Act 1991

Provision of residential care by F248 [ Child and Family Agency ].

38

38. F249 [ The F248 [ Child and Family Agency ] ] shall make arrangements with the registered proprietors of children’s residential centres or with other suitable persons to ensure the provision of an adequate number of residential places for children in its care.

(2) F249 [ The F248 [ Child and Family Agency ] ] may, with the approval of the Minister, provide and maintain a residential centre or other premises for the provision of residential care for children in care.

(3) The Minister shall make regulations with respect to the conduct of homes or other premises provided by F249 [ the F248 [ Child and Family Agency ] ] under this section and for securing the welfare of children maintained therein.

(4) Without prejudice to the generality of subsection (3), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by officers of the Minister.

Annotations:

Amendments:

F248

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.

F249

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 44, S.I. No. 887 of 2004.

F250

Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, pt. 1, item 5(a) and (b), not commenced as of date of revision.

F251

Repealed by Health Act 2007 (23/2007), s. 104 and sch. 1 pt. 1, not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provisions: subss. (1) and (2) substituted and subss. (3) and (4) repealed by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 5 and s. 104 and sch. 1 part 1, not commenced as of date of revision.

38. F250 [ (1) The F248 [ Child and Family Agency ] may make arrangements with suitable persons to ensure the provision of an adequate number of residential places for children in its care.

(2) The F248 [ Child and Family Agency ] may provide and maintain a children s residential centre or other premises for the provision of residential care for children in care. ]

(3) F251 [ ]

(4) F251 [ ]

C26

Meaning of premises under section extended by Children Act 2001 (24/201), s. 159(5) as substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 146, S.I. No. 65 of 2007.

[Certified schools under Act of 1908.

159.— ...

(5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the F248 [ Child and Family Agency ] under section 38(2) of the Act of 1991. ]

Editorial Notes:

E100

Prospective affecting provision: subss. (1) and (2) amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 9, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note and C-note above.

E101

Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).