Child Care Act 1991

Transitional provisions.

48

48. (1) On the commencement of Part IV any child who is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908 shall be deemed to be the subject of a care order committing him to the care of that health board and the provisions of Part IV shall apply with the necessary modifications.

(2) Where, on the commencement of Part IV , a child is in the care of a health board pursuant to an order made under section 21 or 24 of the Children Act, 1908 in respect of the commission of an offence against him and the person charged with the commission of the offence is acquitted of the charge or the charge is dismissed for want of prosecution, any care order to which the child is deemed to be subject under subsection (1) shall forthwith be void, but without prejudice to anything that may have been lawfully done under it.

(3) Nothing in this Act shall affect an order made under Part II or IV of the Children Act, 1908 committing a child to the care of a relative or fit person other than a health board.

(4) On the commencement of Part III , any child who is being detained in a place of safety under any provision of the Children Act, 1908 shall be deemed to have been received into that place pursuant to an emergency care order on the date of such commencement.

(5) Where, on the commencement of Part II , a child is in the care of a health board otherwise than by virtue of a court order, he shall be deemed to have been taken into care under section 4 on the date of such commencement.

(6) Where, on the commencement of Part VI , a child is boarded-out by a health board, he shall be deemed to have been placed by the health board in foster care under an arrangement made under section 36 .

(7) Where, on the commencement of Part VI , a health board is contributing towards the maintenance of a child in accordance with section 55 (9) ( c) of the Health Act, 1953, the board may, subject to such conditions as it sees fit, continue to contribute to the maintenance of the child as if he were in foster care.

(8) Where, on the commencement of Part VI , a child is being maintained by a health board in a home or school approved by the Minister for the purposes of section 55 of the Health Act, 1953, he shall be deemed to have been placed in residential care by the health board under an arrangement made under section 36 .

(9) Nothing in section 67 shall affect the operation of an order committing a child to a certified industrial school to which that section applies.