Children Act 2001


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 27 November 2017


This Revised Act is an administrative consolidation of the Children Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Legal Metrology (Measuring Instruments) Act 2017 (31/2017), enacted 28 November 2017, and all statutory instruments up to and including Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2017 (S.I. No. 530 of 2017), made 24 November 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 27 November 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Children Acts 2001 to 2015 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Children (Amendment) Act 2015 (30/2015), s. 1(2)). The Acts in this group are:

Children Act 2001 (24/2001)

Health Act 2004 (42/2004), s. 75, in so far as it amends the Children Act 2001

Criminal Justice Act 2006 (26/2006), Part 12

Child Care (Amendment) Act 2007 (26/2007), Part 3 (except s. 21)

Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37 to 45 and 47

Children (Amendment) Act 2015 (30/2015), Parts 1 and 2

Child Care Acts 1991 to 2015 : this Act (Part 2 and s. 267) is one of a group of Acts included in this collective citation to be construed together as one ( Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

Child Care Act 1991 (17/1991)

Children Act 2001 (24/2001), Part 2 and s. 267

Health Act 2004 (42/2004), s. 75, in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2007 (26/2007), s. 1(3) and Part 2 s. 21, in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2011 (19/2011), other than ss. 27, 32, 33, 35, 36, 37 to 45, 47 and 49

Child Care (Amendment) Act 2013 (5/2013)

Children and Family Relationships Act 2015 (9/2015), s. 175

Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1990, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Victims of Crime) Act 2017 (28/2017)

Criminal Law (Sexual Offences) Act 2017 (2/2017)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Child Care (Amendment) Act 2015 (45/2015)

Children (Amendment) Act 2015 (30/2015)

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Taxi Regulation Act 2013 (37/2013)

Education and Training Boards Act 2013 (11/2013)

Child Care (Amendment) Act 2013 (5/2013)

Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012)

Criminal Law (Defence and the Dwelling) Act 2011 (35/2011)

Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011)

Child Care (Amendment) Act 2011 (19/2011)

Criminal Justice (Public Order) Act 2011 (5/2011)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

Criminal Justice Act 2007 (29/2007)

Child Care (Amendment) Act 2007 (26/2007)

Medical Practitioners Act 2007 (25/2007)

Health Act 2007 (23/2007)

Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007)

International Criminal Court Act 2006 (30/2006)

Criminal Justice Act 2006 (26/2006)

Criminal Law (Sexual Offences) Act 2006 (15/2006)

Health Act 2004 (42/2004)

Civil Liability and Courts Act 2004 (31/2004)

Non-Fatal Offences Against the Person Act 1997 (26/1997)

Criminal Law (Sexual Offences) Act 1993 (20/1993)

Child Care Act 1991 (17/1991)

Pensions Act 1990 (25/1990)

All Acts up to and including Legal Metrology (Measuring Instruments) Act 2017 (31/2017), enacted 28 November 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016)

Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016 (S.I. No. 273 of 2016)

Children Act 2001 (Section 160 Designation) Order 2016 (S.I. No. 28 of 2016)

Children Act 2001 (Designation of Remand Centres) Order 2015 (S.I. No. 95 of 2015)

Children Act 2001 (Section 160 Designation) Order 2015 (S.I. No. 94 of 2015)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Children Act 2001 (Designation of Remand Centres) Order 2012 (S.I. No. 136 of 2012)

Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 668 of 2011)

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Children Acts Advisory Board Spouses and Children’s Contributory Pension Scheme 2011 (S.I. No. 4 of 2011)

Children Acts Advisory Board Employee Superannuation Scheme 2011 (S.I. No. 3 of 2011)

Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010 (S.I. No. 46 of 2010)

Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Children Act 2001 (Commencement) (No. 3) Order 2007 (S.I. No. 524 of 2007)

Children Act 2001 (Commencement) (No. 2) Order 2007 (S.I. No. 510 of 2007)

Children Act 2001 (Commencement) Order 2007 (S.I. No. 64 of 2007)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Siochana Stations)(Amendment) Regulations 2006 (S.I. No. 641 of 2006)

Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)

Children (Family Welfare Conference) Regulations 2004 (S.I. No. 549 of 2004)

Children Act 2001 (Commencement) (No. 2) Order 2004 (S.I. No. 548 of 2004)

Children Act 2001 (Commencement) Order 2004 (S.I. No. 468 of 2004)

Children Act 2001 ((Section 159)(1)) (Commencement) Order 2003 (S.I. No. 741 of 2003)

Children Act 2001 (Part 11) (Commencement) Order 2003 (S.I. No. 527 of 2003)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Children Act 2001 (Commencement) Order 2002 (S.I. No. 151 of 2002)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)

All statutory instruments up to and including Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2017 (S.I. No. 530 of 2017), made 24 November 2017, were considered in the preparation of this revision.


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 27 November 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Interpretation (general).

4.

Laying of regulations before Houses of Oireachtas.

5.

Repeals.

6.

Expenses.

PART 2

Family Welfare Conferences

7.

Convening of family welfare conference.

8.

Functions of conference.

9.

Persons entitled to attend conference.

10.

Procedure at conference.

11.

Administrative services.

12.

Notification of recommendations of conference.

13.

Action by health board on recommendations.

14.

Privilege.

15.

Regulations.

15A.

Transitional provisions relating to Health Act 2004.

15B.

Transitional provisions relating to the Child and Family Agency Act 2013

PART 3

Amendment of Act of 1991

16.

Amendment (new Parts IVA and IVB) of Act of 1991.

PART 4

Diversion Programme

Introductory

17.

Interpretation ( Part 4).

18.

Principle.

19.

Objective of Programme.

20.

Diversion Programme.

21.

Temporary incapacity of Director.

Admission to Programme

22.

Report on child to Director.

23.

Admission to Programme.

24.

Decision to admit to Programme.

Administration of cautions

25.

Cautions.

26.

Presence of victim at formal caution.

Supervision of children admitted to Programme

27.

Supervision.

28.

Level of supervision.

Holding of conference in respect of child

29.

“Conference”.

30.

Recommendation that conference be held.

31.

Decision on holding conference.

32.

Persons entitled to attend conference.

32A.

Attendance at conference by victim.

33.

Location of conference.

34.

Time limit for holding conference.

35.

Notification to participants.

36.

Views of those unable or unwilling to attend conference.

37.

Procedure at conference.

38.

Period or level of supervision.

39.

Action plan.

40.

Disagreement on action plan.

41.

Report to Director.

42.

Decision by Director on period or level of supervision.

43.

Administrative services.

Committee to monitor effectiveness of Programme

44.

Review of effectiveness of Programme.

45.

Vacancies in committee.

Other matters relating to the Programme

46.

Supplemental provisions.

47.

Regulations ( Part 4).

48.

Inadmissibility of certain evidence.

49.

Bar to proceedings.

50.

Privilege.

51.

Protection of identity of children.

PART 5

Restriction on Criminal Proceedings against Certain Children

52.

Restriction on criminal proceedings against certain children.

53.

Duty of Garda Síochána in relation to certain under-age children.

54.

Aiding, etc., under-age child to commit offence.

PART 6

Treatment of Child Suspects in Garda Síochána Stations

55.

Treatment of child suspects.

56.

Separation of children from adults in Garda Síochána station.

57.

Notification to child.

58.

Notification of arrest of child to parent or guardian.

59.

Notification to health board.

60.

Notification to solicitor.

61.

Interviewing children.

62.

Notification of proceedings to parent or guardian.

63.

Notification of proceedings to adult relative or other adult.

64.

Procedure by summons.

65.

Notice to adult relative or other adult where proceeding by summons.

66.

Provisions common to sections 56 to 63 and 65.

67.

Amendment of section 5 of the Criminal Justice Act, 1984.

68.

Release on bail by member of Garda Síochána.

69.

Application of certain provisions to married child.

70.

Regulations ( Part 6).

PART 7

Children Court

71.

Children Court.

72.

Requirement for transacting business in Children Court.

73.

Arrangements for hearing of proceedings in Children Court.

74.

Children charged with summary offences jointly with adults.

75.

Jurisdiction to deal summarily with indictable offences.

76.

Children charged with indictable offences jointly with adults.

76A.

Powers of Court in criminal proceedings against child.

76B.

Assistance to Court by Child and Family Agency.

76C.

Dismissal of case against child under 14 in certain circumstances.

PART 8

Proceedings in Court

77.

Referral of case to health board.

78.

Family conference.

79.

Convening of family conference.

80.

Action plan.

81.

Report to Court by probation and welfare officer.

82.

Action by Court on report of probation and welfare officer.

83.

Failure to comply with action plan.

84.

Review of compliance with action plan.

85.

Application of provisions.

86.

Procedure at family conference.

87.

Administrative services to family conference.

88.

Remand in custody.

88A.

Transfer of children on remand.

88B.

Discipline of children on remand.

89.

Non-application of section 5 of Bail Act, 1997.

90.

Conditions of bail.

91.

Attendance at Court of parents or guardian.

92.

Conveyance to and from Court.

93.

Restrictions on reports of proceedings in which children are concerned.

94.

Persons entitled to be present at hearing.

PART 9

Powers of Courts in Relation to Child Offenders

General

95.

Interpretation ( Part 9).

96.

Principles relating to exercise of criminal jurisdiction over children.

97.

Construction of certain references.

98.

Orders on finding of guilt.

Probation Officer’s Reports.

99.

Probation officer’s report.

100.

Remand for preparation of report or other reason.

101.

Availability of child for preparation of report.

102.

Immunity from liability for reports.

103.

Access to reports.

104.

Right to tender evidence on report.

105.

Oral reports.

106.

Power of court on receipt of report.

107.

Regulations regarding reports.

Fines, costs and compensation

108.

Maximum fines.

109.

Determination of amount of fine and costs.

110.

Default in payment of fine, costs or compensation.

Orders in relation to parents or guardian

111.

Parental supervision order.

112.

Non-compliance with parental supervision order.

113.

Compensation by parent or guardian.

114.

Binding over of parent or guardian.

Community sanctions

115.

Community sanction.

116.

Imposition of community sanction.

117.

Conditions to which community sanction may be made subject.

118.

Day centres.

119.

Power to vary day centre order.

120.

Power to revoke day centre order.

121.

Provisions where more than one day centre order.

122.

Non-compliance with day centre order.

123.

Duties of child under day centre order.

124.

Probation (training or activities programme) order.

125.

Probation (intensive supervision) order.

126.

Probation (residential supervision) order.

127.

Power to vary probation (residential supervision) order.

128.

Failure to observe conditions of probation.

129.

Suitable person (care and supervision) order.

130.

Non-compliance with suitable person (care and supervision) order.

131.

Mentor (family support) order.

132.

Non-compliance with mentor (family support) order.

133.

Restriction on movement order.

134.

Variation of restriction on movement order.

135.

Provisions regarding more than one restriction on movement order.

136.

Non-compliance with restriction on movement order.

137.

Dual order.

138.

Expiry of community sanction.

139.

Commission of offence while community sanction in force.

140.

Effect of subsequent period of detention.

141.

Regulations.

Detention

142.

Detention orders.

143.

Restriction on detention orders.

144.

Deferment of detention order.

145.

Alternative to detention where no place available in children detention school.

146.

Finding of guilt during deferment.

147.

Detention in accordance with age of child. (repealed)

148.

Document to be produced to Director of children detention school.

149.

Period of detention in children detention school.

150.

Places of detention. (repealed)

151.

Detention and supervision.

152.

Transfer. (repealed)

153.

Rules governing places of detention. (repealed)

154.

Amendment of Criminal Justice (Community Service) Act, 1983.

155.

Persons who attain 18 years of age while detained.

156.

Restriction on punishment of children.

156A.

Transitional provision. (repealed)

156B.

Application of Prisons Acts, etc. rules to children detention schools. (repealed)

PART 10

Children Detention Schools

General

157.

Interpretation ( Part 10).

158.

Principal object of children detention schools.

159.

Certified schools under Act of 1908.

159A.

Education of children in children detention school, residential centres, etc.

159B.

Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).

160.

Designation of children detention schools.

161.

Provision of other places for detention of children.

162.

Funding of such places.

163.

Closure of children detention school or part thereof.

163A.

Amalgamation of children detention schools.

Boards of Management

164.

Boards of management.

165.

Functions of boards of management.

166.

Additional functions.

167.

Membership, etc., of boards of management.

168.

Removal and resignation of members.

169.

Casual vacancies.

170.

Temporary substitutes.

171.

Remuneration of members.

172.

Funding of Board.

173.

Accounts and audits.

174.

Annual report and information.

174A.

Final accounts and report.

175.

Meetings and procedure.

176.

Directions by Minister.

177.

Membership of either House of Oireachtas or of European Parliament.

178.

Non-disclosure of information.

179.

Rules by boards of management.

Director and staff of schools

180.

The Director.

181.

Staff of children detention schools.

182.

Transfer of staff.

183.

Terms and conditions of transferred staff.

184.

Superannuation.

185.

Inspection of children detention schools.

186.

Functions of authorised person.

186A.

Investigation of matters arising in relation to children detention schools, etc.

187.

Powers of Inspector. (repealed)

188.

Reports of inspections and investigations. (repealed)

189.

Annual report of Inspector. (repealed)

190.

Visiting panel.

191.

Duties and powers of visiting panels.

192.

Visits by judges.

Operation of schools

193.

Obligation of Director to accept children.

194.

Reception of children in schools.

195.

Maximum number of detained children.

196.

Sex and age of detained children.

197.

Treatment of children.

198.

Transfer between schools.

199.

Provision as to religious observance.

200.

Provision of medical treatment.

201.

Discipline.

201A.

Sanctions for disciplinary breach.

201B.

Petition by child against finding of disciplinary breach or sanction or both.

201C.

Appeal against forfeiture of remission.

201D.

Appeal Tribunal.

202.

Permitted absence.

203.

Other permitted absences.

204.

Mobility trips.

205.

Temporary leave.

206.

Conditions of grant of temporary leave.

207.

Supervision in community.

208.

Voluntary aftercare.

209.

Unconditional release.

210.

Early discharge.

211.

Order for production of child.

212.

Responsible persons.

213.

Duty to notify changes of address to school.

214.

Lawful custody of detained children.

Offences

215.

Escape.

216.

Helping child to escape.

217.

Harbouring escaped child.

218.

Unlawful entry or communication.

218A.

Unauthorised provision of mobile telecommunications device.

219.

Bringing alcohol, etc., into schools.

Other matters

220.

Delegation of certain functions by Minister.

221.

Regulations.

222.

Pending proceedings.

223.

Saving for certain acts.

224.

Transitional provisions.

PART 11 (repealed)

Special Residential Services Board

225.

Interpretation ( Part 11). (repealed)

226.

Special Residential Services Board. (repealed)

226A.

Change of name of Board. (repealed)

227.

Functions of Board. (repealed)

228.

Assignment of other functions. (repealed)

229.

Policy directions. (repealed)

230.

Membership, etc., of Board. (repealed)

231.

Removal and resignation of members. (repealed)

232.

Temporary substitutes. (repealed)

233.

Casual vacancies. (repealed)

234.

Remuneration of members. (repealed)

235.

Application to Board of sections 175, 177 and 178. (repealed)

236.

Seal. (repealed)

237.

Chief Executive of Board. (repealed)

238.

Staff of Board. (repealed)

239.

Superannuation of staff. (repealed)

240.

Funding of Board. (repealed)

241.

Accounts and audits of Board. (repealed)

242.

Annual report and information. (repealed)

243.

Delegation of functions. (repealed)

244.

Regulations. (repealed)

PART 12

Protection of Children

245.

Interpretation ( Part 12).

246.

Cruelty to children.

247.

Begging.

248.

Allowing child to be in brothel.

249.

Causing or encouraging sexual offence upon child.

250.

Amendment of Criminal Law (Sexual Offences) Act, 1993.

251.

Power to proceed in absence of child.

252.

Anonymity of child in court proceedings.

253.

Mode of charging offences.

254.

Powers of arrest without warrant, etc.

255.

Power to take deposition of child.

256.

Presumption and determination of age of child victim.

257.

Clearing of court in certain cases.

PART 12A

Anti-Social Behaviour by Children

257A.

Interpretation ( Part 12A).

257B.

Behaviour warning to child.

257C.

Meeting to discuss anti-social behaviour by child.

257D.

Behaviour order for children over 12.

257E.

Appeal against behaviour order.

257F.

Offences.

257G.

Legal aid.

257H.

Regulations (legal aid).

PART 13

Miscellaneous

258.

Non-disclosure of certain findings of guilt.

259.

Duties of probation officers.

260.

Interference with supervisor.

261.

Powers of Garda Síochána.

262.

Delegation by Director of the Probation and Welfare Service.

263.

Temporary accommodation of children.

264.

Research.

265.

Right of appeal.

266.

Amendment of section 5 of Criminal Law (Rape) Act, 1981.

267.

Amendment of sections 17(2) and 59 of Act of 1991.

268.

Children in care of health board.

269.

Presumption and determination of age.

270.

Safety of children at entertainments.

271.

Exclusion of members of Defence Forces.

SCHEDULE 1

Offences Against Children

SCHEDULE 2

Enactments Repealed


Acts Referred to

Adoption Acts, 1952 to 1998

Bail Act, 1997

1997, No. 16

Child Care Act, 1991

1991, No. 17

Children Act, 1908

1908, c. 67

Children Act, 1941

1941, No. 12

Children Act (1908) Amendment Act, 1910

1910, c. 25

Children Acts, 1908 to 1989

Children (Amendment) Act, 1949

1949, No. 6

Children (Amendment) Act, 1957

1957, No. 28

Child Trafficking and Pornography Act, 1998

1998, No. 22

Civil Service Regulation Act, 1956

1956, No. 46

Courts (No. 3) Act, 1986

1986, No. 33

Courts of Justice Act, 1924

1924, No. 10

Criminal Evidence Act, 1992

1992, No. 12

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice Act, 1960

1960, No. 27

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1993

1993, No. 6

Criminal Justice Act, 1999

1999, No. 10

Criminal Justice (Community Service) Act, 1983

1983, No. 23

Criminal Law Amendment Act, 1885

1885, c. 69

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Rape) Act, 1981

1981, No. 10

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Procedure Act, 1967

1967, No. 12

Dangerous Performances Acts, 1879 and 1897

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1998

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Guardianship of Infants Act, 1964

1964, No. 7

Irish Reformatory Schools Act, 1868

1868, c. 59

Medical Practitioners Acts, 1978 to 2000

Mental Treatment Acts, 1945 to 1966

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21

Non-Fatal Offences against the Person Act, 1997

1997, No. 26

Offences against the Person Act, 1861

1861, c. 100

Prevention of Crime Act, 1908

1908, c. 59

Prisons Act, 1970

1970, No. 11

Prisons Acts, 1826 to 1980

Probation of Offenders Act, 1907

1907, c. 17

Punishment of Incest Act, 1908

1908, c. 45

Summary Jurisdiction over Children (Ireland) Act, 1884

1884, c. 19

Vagrancy (Ireland) Act, 1847

1847, c. 84


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 27 November 2017


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CARE, PROTECTION AND CONTROL OF CHILDREN AND, IN PARTICULAR, TO REPLACE THE CHILDREN ACT, 1908, AND OTHER ENACTMENTS RELATING TO JUVENILE OFFENDERS, TO AMEND AND EXTEND THE CHILD CARE ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [8 th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions in relation to Act transferred to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).

Establishment day

6. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

...

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

...

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82.

...

Children Act 2001

...

C2

Functions transferred and terms “Department of Health” and “Minister for Health” construed (1.10.2012) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), arts. 2, 3, commenced as per art. 1(2), subject to transitional provisions in arts. 4-8.

...

2.— The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Health contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. —(1) The functions vested in the Minister for Health by or under the Child Care Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

...

C3

Functions in relation to Act transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1 Enactments

...

No. 24 of 2001

Children Act 2001

Sections 44(9), 171, 172, 173, 180(2), 181, 183(2), 186A(11), 238(4) and (5), 240 and 241

...

C4

Application of powers of District Court under Act in criminal proceedings relating to the protection of witnesses against intimidation extended (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 52(3)(a)(ii) and (10), commenced on enactment.

Taking of evidence.

52.— ...

(3) For the purposes of this section the nominated judge—

(a) shall have the powers of the District Court in criminal proceedings, including its powers— ...

(ii) under any enactment or rule of law relating to the protection of witnesses against intimidation,

...

(10) In subsection (3)(a)(ii) “enactment” includes the Criminal Law (Rape) Acts 1981 and 1990, Criminal Evidence Act 1992, Criminal Justice Act 1999 and Children Act 2001.

C5

Terms “Probation and Welfare Service,”“probation officer,”“welfare officer,”“probation and welfare officer” and “Director of the Probation and Welfare Service” construed (19.05.2006) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 13, commenced in accordance with s. 13(4).

References to Probation and Welfare Service, etc.

13.— (1) The officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known as the Probation and Welfare Service before the coming into operation of this section shall, on and after that date, be known as the Probation Service and, references in any enactment to the Probation and Welfare Service of that Department of State shall be construed accordingly.

(2) A person appointed by the Minister who was before the coming into operation of this section referred to as—

(a) a probation officer,

(b) a welfare officer, or

(c) a probation and welfare officer, shall, on and after that date, be referred to as a probation officer and, references in any enactment to an officer referred to in paragraph (a), (b) or (c) shall be construed accordingly.

(3) A person appointed by the Minister to the post referred to before the coming into operation of this section as the Director of the Probation and Welfare Service shall, on and after that date, be referred to as the Director of the Probation Service and, references in any enactment to the Director of the Probation and Welfare Service shall be construed accordingly.

(4) This section shall be deemed to have come into operation on 19 May 2006.

C6

Children detention school under the Act specified as a prescribed person for the purposes of the Civil Liability and Courts Act 2004 (31/2004), s. 40(4) (1.07.2005) by Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005), reg. 3 and sch. item 4.

3. The persons specified in the Schedule to this Order are prescribed for the purposes of section 40(4) of the Act of 2004.

SCHEDULE

Prescribed Persons

...

4. A children detention school under the Children Act 2001 (No. 24 of 2001).

...

C7

Application of collectively cited Child Care Acts 1991 and 2001 affected (23.12.2004) by Health Act 2004 (42/2004), s. 2 and sch. 1, S.I. No. 886 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Interpretation.

2.—(1) In this Act, unless the context otherwise requires— ...

“health and personal social services” means services that immediately before the establishment day were provided under the Acts referred to in Schedule 1 by a specified body as defined in section 56 of this Act, and references in this Act to a health or personal social service are to be read as references to any of those services;

...

SCHEDULE 1

Acts Referred to in Definition of Health and Personal Social Services

...

11. Child Care Acts 1991 and 2001

...

Editorial Notes:

E1

E2

Functions conferred on Health Information and Quality Authority include setting of standards on safety and quality in relation to services provided in accordance with the Act and collectively cited Child Care Acts 1991 and 2001 by the Health Service Executive, the Child and Family Agency or other service provider as provided by Health Act 2007, s. 8(1)(b), as substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2, S.I. No. 502 of 2013.

E3

Previous affecting provision: functions in relation to Act transferred to the Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5; superseded (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).