Child Care Act 1991

Voluntary care.

4

4. (1) Where it appears to F18 [ the F19 [ Child and Family Agency ] that a child requires ] care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of F18 [ the F20 [ Agency ] ] to take him into its care under this section.

(2) Without prejudice to the provisions of Parts III, IV F21 [ , IVA (as amended by the Child Care (Amendment) Act 2011) ] and VI , nothing in this section shall authorise F22 [ the F19 [ Child and Family Agency ] ] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(3) Where F23 [ the F19 [ Child and Family Agency ] ] has taken a child into its care under this section, it shall be the duty of F23 [ the F20 [ Agency ] ]

( a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F23 [ the F20 [ Agency ] ] to require it and while he remains a child, and

( b) to have regard to the wishes of a parent having custody of him or of any person acting in loco parentis in the provision of such care.

(4) Without prejudice to the provisions of Parts III, IV and VI , where F24 [ the F19 [ Child and Family Agency ] ] takes a child into its care because it appears that he is lost or that a parent having custody of him is missing or that he has been deserted or abandoned, F24 [ the F20 [ Agency ] ] shall endeavour to reunite him with that parent where this appears to F24 [ the F20 [ Agency ] ] to be in his best interests.

(5) F25 [ A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day. ]

Annotations:

Amendments:

F18

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(a), S.I. No. 887 of 2004.

F19

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.

F20

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F21

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 5, S.I. No. 637 of 2017.

F22

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(b), S.I. No. 887 of 2004.

F23

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(c), S.I. No. 887 of 2004.

F24

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 3(d), S.I. No. 887 of 2004.

F25

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 4, S.I. No. 502 of 2013.

Editorial Notes:

E25

Previous affecting provision: subs. (5) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 3(e), S.I. No. 887 of 2004; substituted as per F-note above.