Domestic Violence Act 1996
Power to make orders, etc., under Child Care Act, 1991.
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.
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 14 item 6, S.I. No. 887 of 2004.
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 7, S.I. No. 502 of 2013.