Child and Family Agency Act 2013

9.

Best interests and views of the child

9. (1) The Agency shall, when making decisions in relation to the performance of its functions under section 8(1)(a), (b) or (c), have regard to the best interests of the child in all matters.

(2) Notwithstanding the generality of subsection (1), the Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991 or the Adoption Act 2010, regard the best interests of the child as the paramount consideration.

(3) The Agency shall, when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c), ensure that consideration is given to the views of children.

(4) The Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991, the Education (Welfare) Act 2000, F5[the Adoption Act 2010, the Children First Act 2015 or] section 8(1)(c) or 8(3), ensure that the views of that individual child, where that child is capable of forming and expressing his or her own views, be ascertained and given due weight having regard to the age and maturity of the child.

Annotations

Amendments:

F5

Substituted (11.12.2017) by Children First Act 2015 (36/2015), s. 19, S.I. No. 470 of 2017.

Modifications (not altering text):

C3

Application of subss. (3) and (4) restricted by Child Care Act 1991 (17/1991), s. 45B(8), as inserted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 7, S.I. No. 296 of 2017.

[Aftercare plan - eligible child

45B.— ...

(8) Notwithstanding section 9 of the Child and Family Agency Act 2013, where the Child and Family Agency, in preparing an aftercare plan under subsection (1) or (3) has been unable, after reasonable efforts have been made, to ascertain the views of the eligible child to whom the plan relates, the Agency shall prepare an aftercare plan for that eligible child.

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