Child Care Act 1991
Number 17 of 1991
CHILD CARE ACT 1991
REVISED
Updated to 21 September 2022
This Revised Act is an administrative consolidation of the Child Care Act 1991. 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 the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Child Care (Amendment) Act 2022 (Commencement) Order 2022 (S.I. No. 464 of 2022), made 15 September 2022, 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 17 of 1991
CHILD CARE ACT 1991
REVISED
Updated to 21 September 2022
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 first passed.
Related legislation
Child Care Acts 1991 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Child Care (Amendment) Act 2022 (21/2022), s. 13(2)). The Acts in this group are:
• Child Care Act 1991 (17/1991)
• Children Act 2001 (24/2001), ss. 7-15 and 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(2), pt. 2 and s. 21 in so far as it amends the Child Care Acts 1991 and 2001
• Child Care (Amendment) Act 2011 (19/2011), ss. 1-26, 28-31, 34, 36, 46, 48
• 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
• Child Care (Amendment) Act 2022 (21/2022), other than ss. 9, 10, 11, 12
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
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 1972, 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
• Child Care (Amendment) Act 2022 (21/2022)
• Childcare Support Act 2018 (11/2018)
• Domestic Violence Act 2018 (6/2018)
• Child Care (Amendment) Act 2015 (45/2015)
• Children and Family Relationships Act 2015 (9/2015)
• Child and Family Agency Act 2013 (40/2013)
• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)
• Child Care (Amendment) Act 2013 (5/2013)
• Child Care (Amendment) Act 2011 (19/2011)
• Adoption Act 2010 (21/2010)
• Child Care (Amendment) Act 2007 (26/2007)
• Health Act 2007 (23/2007)
• Health Act 2004 (42/2004)
• Mental Health Act 2001 (25/2001)
• Children Act 2001 (24/2001)
• Children Act 1997 (40/1997)
• Refugee Act 1996 (17/1996)
• Domestic Violence Act 1996 (1/1996)
All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2022 (S.I. No. 196 of 2022)
• Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022 (S.I. No. 195 of 2022)
• Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2021 (S.I. No. 401 of 2021)
• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2021 (S.I. No. 42 of 2021)
• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2021 (S.I. No. 41 of 2021)
• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 541 of 2020)
• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 540 of 2020)
• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 313 of 2020)
• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 312 of 2020)
• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2020 (S.I. No. 171 of 2020)
• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2020 (S.I. No. 170 of 2020)
• Child Care Act 1991 (Early Years Services) (Registration Of School Age Services) (Amendment) Regulations 2019 (S.I. No. 58 of 2019)
• Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 (S.I. No. 575 of 2018)
• European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)
• Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 (S.I. No. 632 of 2016)
• Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016)
• Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015 (S.I. No. 607 of 2015)
• Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015 (S.I. No. 606 of 2015)
• Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015 (S.I. No. 605 of 2015)
• Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013)
• Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)
• Child Care Act 1991 (Section 29(7)) Regulations (S.I. No. 467 of 2012)
• Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012)
• 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) Order 2011 (S.I. No. 418 of 2011)
• Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011)
• Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008)
• Child Care (Pre-School Services) (No2) (Amendment) Regulations 2006 (S.I. No. 643 of 2006)
• Child Care (Pre-School Services) (No2) Regulations 2006 (S.I. No. 604 of 2006)
• Child Care (Pre-School Services) Regulations 2006 (S.I. No. 505 of 2006)
• Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)
• Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005)
• Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 2004 (S.I. No. 863 of 2004)
• Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)
• Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004)
• Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2004)
• Child Care (Pre-School Services) (Amendment) Regulations 1997 (S.I. No. 268 of 1997)
• Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996)
• Child Care (Pre-School Services) Regulations 1996 (S.I. No. 398 of 1996)
• Child Care (Standards in Children’s Residential Centres) Regulations 1996 (S.I. No. 397 of 1996)
• Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995)
• Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995)
• Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995)
• Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995)
• Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992)
• Child Care Act 1991 (Commencement) (No. 2) Order 1992 (S.I. No. 264 of 1992)
• Child Care Act 1991 (Children’s Residential Centres) (Superannuation) (No. 2) Order 1992 (S.I. No. 125 of 1992)
• Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 1992 (S.I. No. 124 of 1992)
• Child Care Act 1991 (Commencement) Order 1992 (S.I. No. 123 of 1992)
• Child Care Act 1991 (Commencement) Order (S.I. No. 292 of 1991)
All statutory instruments up to and including Child Care (Amendment) Act 2022 (Commencement) Order 2022 (S.I. No. 464 of 2022), made 15 September 2022, were considered in the preparation of this revision.
Number 17 of 1991
CHILD CARE ACT 1991
REVISED
Updated to 21 September 2022
ARRANGEMENT OF SECTIONS
Section |
|
Promotion of Welfare of Children
Provision of services by voluntary bodies and other persons. |
|
Protection of Children in Emergencies
Care Proceedings
Children in need of Special Care or Protection
Private Foster Care
Restrictions on private foster care arrangements in certain cases. |
|
Jurisdiction and Procedure
Power of court to join child as a party and costs of child as a party. |
|
Guardians ad Litem
Functions of guardians ad litem appointed under section 35C. |
|
Cessation of appointment and re-appointment of guardian ad litem. |
|
Children in the Care of Child and Family Agency
Orders relating to children in care of same foster parent or relative for five years or more. |
|
Variation, discharge or cessation of order under section 43A. |
|
Supervision of Pre-School Services
Provision by health boards of pre-school services and information. |
|
Supervision of Pre-School Services
Children’s Residential Centres
Administration
Miscellaneous and Supplementary
Amendment of section 15 of the Guardianship of Infants Act, 1964. |
|
Amendment of section 16 of the Guardianship of Infants Act, 1964. |
|
Maintenance — saver in relation to members of Defence Forces. |
|
Enactments Repealed
Acts Referred to |
|
1952, No. 25 |
|
1964, No. 2 |
|
Adoption Acts, 1952 to 1988 |
|
Children Act, 1908 |
8 Edw. 7, c. 67 |
1934, No. 15 |
|
1941, No. 12 |
|
1957, No. 28 |
|
Children (Employment Abroad) Act, 1913 |
3 & 4 Geo. 5, c. 7 |
1964, No. 11 |
|
1971, No. 36 |
|
1954, No. 11 |
|
1964, No. 7 |
|
1953, No. 26 |
|
1970, No. 1 |
|
Health Acts, 1947 to 1986 |
|
1987, No. 3 |
|
1937, No. 38 |
|
1989, No. 6 |
|
1980, No. 8 |
|
Mental Treatment Acts, 1945 to 1966 |
|
Misuse of Drugs Acts, 1977 and 1984 |
|
Prevention of Cruelty to Children Act, 1904 |
4 Edw. 7, c. 15 |
Petty Sessions (Ireland) Act, 1851 |
14 & 15 Vict., c. 93 |
Public Offices Fees Act, 1879 |
42 & 43 Vict., c. 58 |
1926, No. 17 |
Number 17 of 1991
CHILD CARE ACT 1991
REVISED
Updated to 21 September 2022
AN ACT TO PROVIDE FOR THE CARE AND PROTECTION OF CHILDREN AND FOR RELATED MATTERS. [10th July, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Certain functions of Health Service Executive in relation to Act transferred to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 82(2), S.I. No. 502 of 2013.
Transfer of certain functions of Health Service Executive.
82.— ...
(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
...
Child Care Act 1991
...
C2
Functions transferred and “Department of Health” and “Minister for Health” construed (1.10.2011) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), arts. 2, 3, 7, commenced as per. art. 1(2).
2.— (1) 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.
...
7.—References to the Minister for Health contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
...
C3
Power of Court to make orders under Act provided (23.07.2007) by Children Act 2001 (24/2001), s. 77, S.I. No. 524 of 2007.
Referral of case to [Health Service Executive].
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 the [Child and Family Agency] to convene a family welfare conference in respect of the child [if in the Court’s view it is practicable for the [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,] and
(b) [...]
...
C4
Construction of references to “psychiatric examination, treatment or assessment” under Act restricted (1.11.2006) by Mental Health Act 2001 (25/2001), s. 25(15), S.I. No. 411 of 2006.
Involuntary admission of children.
25.— ...
(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.
Editorial Notes:
E1
In relation to certain proceedings under Domestic Violence Act 2018 (6/2018), a court may on its own motion or on the application of a person concerned make certain directions and care or supervision orders under Act as provided (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 12, S.I. No. 532 of 2018.
E2
In relation to certain proceedings under Domestic Violence Act 2018 (6/2018), a court may on the application to it in the same proceedings make orders under Act as provided (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15, S.I. No. 532 of 2018.
E3
Application of Act to unaccompanied minors confirmed (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 10(3), in effect as per reg. 1(2).
E4
HSE (now Child and Family Agency) required to notify National Vetting Bureau, where, in the course of exercising its powers under the Act, it has a bona fide concern in relation to harm or risk to a child or vulnerable person (29.04.2016) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 19(2), (3), S.I. No. 214 of 2016.
E5
Proceedings brought by Health Service Executive (now Child and Family Agency) under collectively cited Child Care Acts 1991 to 2013 exempted from fees (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 6(1)(d)(iii), in effect as per art. 1(2).
E6
Setting of standards on safety and quality in relation to services provided by Health Service Executive, Child and Family Agency or a service provider in accordance with collectively cited Child Care Acts 1991 and 2001 assigned to Health Information and Quality Authority (15.07.2007) by Health Act 2007, s. 8(1)(b)(i)(II), S.I. No. 226 of 2007; as substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 2.
E7
District Court confirmed as “Children Court” when exercising jurisdiction under Parts III, IV, IVA and V of Act (1.05.2002) by Children Act 2001 (24/2001), s. 71(1)(a), S.I. No. 151 of 2002.
E8
Previous affecting provision: proceedings brought by Health Service Executive (now Child and Family Agency) under collectively cited Child Care Acts 1991 to 2013 exempted from fees (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 6(1)(d)(iii), in effect as per art. 1(2); revoked (30.10.2014) by Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014), art. 11, in effect as per art. 1(2).
E9
Previous affecting provision: proceedings brought by Health Service Executive (now Child and Family Agency) under collectively cited Child Care Acts 1991 to 2013 exempted from fees (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 5(1)(d)(iii); revoked (3.02.2014) by Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014), art. 11, in effect as per art. 1(2).
E10
Previous affecting provision: proceedings brought by the Health Service Executive under collectively cited Child Care Acts 1991 to 2013 exempted from fees (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 6(1)(d)(iii); revoked (3.12.2013) by Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013), art. 10.
E11
Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 to 2011 exempted from fees (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 6(1)(d)(iii); revoked (10.07.2013) by Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013), art. 13.
E12
Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 to 2007 exempted from fees (22.08.2011) by Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011), art. 6(c)(iii); revoked (10.04.2012) by Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012), art. 11.
E13
Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 to 2007 exempted from fees (7.07.2008) by Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008); revoked (22.08. 2011) by Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011), art. 10.
E14
Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 and 2001 exempted from fees (15.01.2005) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005), art. 7(1)(c)(iii); revoked (7.07.2008) by Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008), art. 10.
E15
Previous affecting provision: proceedings brought by Health Service Executive under collectively cited Child Care Acts 1991 and 2001 exempted from fees (1.01.2004) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 444 of 2004), art. 7(1)(c)(iii); revoked (15.01.2005) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005), art. 11.
E16
Previous affecting provision: proceedings brought by health board under Child Care Act 1991 exempted from fees (5.03.2003) by Supreme Court and High Court (Fees) Order 2005 (S.I. No. 89 of 2003), art. 7(1); revoked (12.07.2004) by Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2004), art. 11.
E17
Previous affecting provision: proceedings brought by health board under Child Care Act 1991 exempted from fees (25.10.2001) by Supreme Court and High Court (Fees) (No. 2) Order 2001 (S.I. No. 488 of 2001), art. 7(1); revoked (5.03.2003) by Supreme Court and High Court (Fees) Order 2003 (S.I. No. 89 of 2003), art. 11.
E18
Previous affecting provision: proceedings brought by health board under Child Care Act 1991 exempted from fees (1.10.1997) by District Court (Fees) Order 1997 (S.I. No. 369 of 1997), art. 5(a)(vii); revoked (16.07.2001) by District Court (Fees) Order 2001 (S.I. No. 253 of 2001), art. 7.
E19
Previous affecting provision: application of Act extended to separated children (20.11.2000) by Refugee Act 1996 (17/1996), s. 8(5)(a), S.I. No. 365 of 2000, as substituted (7.07.1999) by Immigration Act 1999 (22/1999), s. 11(1)(c)(v), commenced on enactment; as amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6, part 15 item 1(a), S.I. No. 887 of 2004; and as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 8, S.I. No. 502 of 2013; repealed (31.12.2016) by International Protection Act 2015 (66/2015), s. 6(1), S.I. No. 663 of 2016.
E20
Previous affecting provision: power of court to make orders under Act provided (27.03.1996) by Domestic Violence Act 1996 (1/1996), ss. 7 and 9, commenced as per s. 25(1); repealed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 3(b), S.I. No. 532 of 2018.