Child Care Act 1991

Removal from placement.

43

43. F261 [ (1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency. ]

(2) Where a person refuses or neglects to comply with a request of F262 [ the F263 [ Child and Family Agency ] ] to deliver up a child in accordance with regulations made under subsection (1), F262 [ the F264 [ Agency ] ] may apply to the District Court for an order directing that person to deliver up the child to the custody of F262 [ the F264 [ Agency ] ] and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.

(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody of F262 [ the F263 [ Child and Family Agency ] ]), any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F262 [ the F264 [ Agency ] ], to give up the child to F262 [ the F264 [ Agency ] ], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(4) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (2) if that person was present at the sitting of the court at which such an order was made.

(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between F262 [ the F263 [ Child and Family Agency ] ] and that person in respect of the child shall terminate immediately upon the removal.

(6) The provisions of this section are without prejudice to the power of F262 [ the F263 [ Child and Family Agency ] ] to apply for an order under Part III or IV .

Annotations:

Amendments:

F261

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 14, S.I. No. 502 of 2013.

F262

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 49(a)-(e), S.I. No. 887 of 2004.

F263

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.

F264

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.

Modifications (not altering text):

C28

Application of subs. (3) affected (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2), (3), S.I. No. 662 of 2010. The Euro equivalent of £500 is €634.87.

Definitions

3.— In this Part— ...

“class D fine” means a fine not exceeding €1,000;

...

Class D fines

7.— ...

(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class D fine.

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class D fine.

TABLE

Reference Number

(1)

Period

(2)

Range of amounts

(3)

...

...

...

2.

1 January 1990 to 31 December 1996

Not greater than €692 but greater than €346

...

...

...

Editorial Notes:

E117

Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).

E118

Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).

E119

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).