Child Care Act 1991
Removal from placement.
43.—F296[(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 F297[the F298[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F297[the F299[Agency]] may apply to the District Court for an order directing that person to deliver up the child to the custody of F297[the F299[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 F297[the F298[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 F297[the F299[Agency]], to give up the child to F297[the F299[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 F297[the F298[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 F297[the F298[Child and Family Agency]] to apply for an order under Part III or IV.
Annotations
Amendments:
F296
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.
F297
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 49(a)-(e), S.I. No. 887 of 2004.
F298
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.
F299
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.
Editorial Notes:
E137
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.
E138
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).
E139
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).
E140
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).