Domestic Violence Act 1996

Power to make orders, etc., under Child Care Act, 1991.

7

7. (1) Where in proceedings for any order under this Act, other than proceedings to which section 6 relates, it appears to the court that it may be appropriate for a care order or a supervision order to be made under the Child Care Act, 1991, with respect to a dependent person concerned in the proceedings, the court may, of its own motion or on the application of any person concerned, adjourn the proceedings and direct F20 [ the F21 [ Child and Family Agency ] ] to undertake an investigation or, as the case may be, further investigations of such dependent person’s circumstances.

(2) Where proceedings are adjourned and the court gives a direction under subsection(1), the court may give such directions under the Child Care Act, 1991, as it sees fit as to the care and custody of, and may make a supervision order under that Act in respect of, the dependent person concerned pending the outcome of the investigation by F20 [ the F21 [ Child and Family Agency ] ] concerned.

(3) Where the court gives a direction under subsection (1) in respect of a dependent person, F20 [ the F21 [ Child and Family Agency ] ] concerned shall undertake an investigation of such dependent person’s circumstances and shall consider if it should—

( a) apply for a care order or a supervision order under the Child Care Act, 1991,

( b) provide services or assistance for such dependent person’s family, or

( c) take any other action in respect of such dependent person.

(4) Where F20 [ the F21 [ Child and Family Agency ] ] undertakes an investigation under this section and decides not to apply for a care order or supervision order under the Child Care Act, 1991, with respect to the dependent person concerned, it shall inform the court of—

( a) its reasons for so deciding,

( b) any service or assistance it has provided, or intends to provide, for such dependent person and his or her family, and

( c) any other action which it has taken, or proposes to take, with respect to such dependent person.