C40

Prospective affecting provision: section inserted by Guardianship of Infants and Child Care (Amendment) Act 2026 (30/2026), s. 3, not commenced as of date of revision.

F80[12J.—(1) Subject to subsection (2), where—

(a) a person (in this section referred to as the "convicted guardian") who is a guardian of a child was convicted in the State, before the coming into operation of the Guardianship of Infants and Child Care (Amendment) Act 2026, of the murder or manslaughter of a person who was, at the time of the commission of the offence concerned, another guardian of the child, and

(b) the Child and Family Agency has reasonable cause to believe that the convicted guardian has failed in his or her duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected if an order under section 12C(3) (as applied by subsection (2)) is not made by the court,

the Child and Family Agency may, if it considers it appropriate to do so, apply to the court in that behalf for such an order.

(2) Subsections (3) to (7) of section 12C and sections 12F, 12G, 12H and 12I shall, with any necessary modifications, apply to—

(a) an application to the court referred to in subsection (1), and

(b) the determination by the court of the application.

(3) Section 12E shall, with any necessary modifications, apply to an order made under this section.]