Children Act 2001

Referral of case to health board.

77

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—

( a) adjourn the proceedings and direct F84 [ the F85 [ Child and Family Agency ] ] to convene a family welfare conference in respect of the child F86 [ if in the Court s view it is practicable for the F85 [ Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other circumstances, ]

( b) F87 [ ]

(2) Where a family welfare conference has been held by F84 [ the F85 [ Child and Family Agency ] ] pursuant to a direction under subsection (1)(a)

( a) if F84 [ the F85 [ Child and Family Agency ] ] applies under the Act of 1991 for a care order, a supervision order or a special care order with respect to the child, it shall inform the Court of the outcome of its application and of any other matter likely to be of assistance to the Court, or

( b) if it decides not to apply for any such order, it shall inform the Court of—

(i) its reasons for so deciding,

(ii) any service or assistance which it has provided, or intends to provide, for the child and his or her family, and

(iii) any other action which it has taken, or intends to take, with respect to the child.

(3) The Court, on being informed by F84 [ the F85 [ Child and Family Agency ] ] of the matters mentioned in subsection (2), may, if satisfied that it is appropriate to do so, dismiss the charge against the child on its merits.

Annotations:

Amendments:

F84

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 13, S.I. No. 887 of 2004.

F85

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F86

Substituted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 17(a), S.I. No. 509 of 2007.

F87

Deleted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 17(b), S.I. No. 509 of 2007.

F88

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 33(a), not commenced as of date of revision.

F89

Substituted by Child Care (Amendment) Act 2011 (19/2011), s. 33(b), not commenced as of date of revision.

Modifications (not altering text):

C18

Subs. (1)(a) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 33(a), not commenced as of date of revision.

77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child F88 [ or for the provision to that child of other care under the Act of 1991 (as amended by the Child Care (Amendment) Act 2011) or otherwise ], the Court may, of its own motion or on the application of any person—

( a) adjourn the proceedings and direct F84 [ the F85 [ Child and Family Agency ] ] to convene a family welfare conference in respect of the child F86 [ if in the Court s view it is practicable for the F85 [ Child and Family Agency ] to hold such a conference having regard to the age of the child and his or her family and other F89 [ circumstances. ] ]

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