Child Care Act 1991

Number 17 of 1991

CHILD CARE ACT 1991

REVISED

Updated to 1 September 2023

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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Employment Permits (Amendment) (No. 2) Regulations 2023 (S.I. No. 439 of 2023), made 4 September 2023, 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 1 September 2023


ARRANGEMENT OF SECTIONS

Section

1.

Short title and commencement.

2.

Interpretation.

PART II

Promotion of Welfare of Children

3.

Functions of Child and Family Agency.

4.

Voluntary care.

5.

Accommodation for homeless children.

6.

Provision of adoption service.

7.

Child care advisory committees.

8.

Review of services.

9.

Provision of services by voluntary bodies and other persons.

10.

Assistance for voluntary bodies and other persons. (Repealed)

11.

Research.

PART III

Protection of Children in Emergencies

12.

Power of Garda Síochána to take a child to safety.

13.

Emergency care order.

14.

Notification to be given by Child and Family Agency.

15.

Provision of accommodation for purposes of Part III.

PART IV

Care Proceedings

16.

Duty of Child and Family Agency to institute proceedings.

17.

Interim care order.

18.

Care order.

19.

Supervision order.

20.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

21.

Effect of appeal from orders.

22.

Variation or discharge of orders etc.

23.

Powers of court in case of invalidity of orders.

PART IVA

Children in need of Special Care or Protection

23A.

Interpretation.

23B.

Provision of special care and special care units.

23C.

Special care.

23D.

Criminal proceedings and provision of special care.

23E.

Custodial sentence, deferred children detention order, Children Act order and provision of special care.

23F.

Determination by Health Service Executive that child requires special care.

23G.

Notice of application for special care order or interim special care order.

23H.

Special care order.

23I.

Review of special care order.

23J.

Extension of period for which special care order has effect.

23K.

Special care before determination under section 23F.

23L.

Interim special care order.

23M.

Interim special care orders made ex parte: supplemental provisions.

23N.

Extension of period for which interim special care order has effect.

23NA.

Sections 23H and 23L: supplemental provisions.

23NB.

Failure to find child.

23NC.

Appeal and staying of order.

23ND.

Functions of Child and Family Agency when providing special care.

23NE.

Discharge and variation of special care order or interim special care order.

23NF.

Release from special care unit under special care order or interim special care order.

23NG.

Release from special care unit for purposes of sections 23D and 23E.

23NH.

Hearing of proceedings.

23NI.

Return of child to Child and Family Agency in certain circumstances.

23NJ.

Applications for special care orders or interim special care orders generally.

23NK.

Application for directions.

23NL.

Existing orders.

23NM.

Provision of information to certain persons.

23NN.

Request for appraisal of special care provided to child.

23NO.

Guidelines.

23NP.

Offences.

PART IVB

Private Foster Care

23O.

Definitions.

23P.

Notice of private foster care arrangement.

23Q.

Information to be submitted to Child and Family Agency.

23R.

Duty in respect of children in private foster care.

23S.

Authorised officers.

23T.

Inspection by authorised persons.

23U.

Institution of proceedings by Child and Family Agency.

23V.

Restrictions on private foster care arrangements in certain cases.

23W.

Offences.

23X.

Saver.

PART V

Jurisdiction and Procedure

24.

Welfare of child to be paramount.

24A.

Views of child.

25.

Power of court to join child as a party and costs of child as a party.

26.

Appointment of guardian ad litem for a child.

27.

Power to procure reports on children.

28.

Jurisdiction.

29.

Hearing of proceedings.

30.

Power to proceed in absence of child.

31.

Prohibition on publication or broadcast of certain matters.

32.

Presumption and determination of age.

33.

Rules of court.

34.

Failure or refusal to deliver up a child.

35.

Warrant to search for and deliver up a child.

PART VA

Guardians ad Litem

35A.

Interpretation (Part VA).

35B.

Order directing appointment of guardian ad litem.

35C.

Appointment of guardian ad litem for child.

35D.

Legal advice and legal representation.

35E.

Functions of guardians ad litem appointed under section 35C.

35F.

Powers of guardians ad litem appointed under section 35C.

35G.

Provision of information by Child and Family Agency.

35H.

Cessation of appointment and re-appointment of guardian ad litem.

35I.

Costs.

35J.

Regulations.

35K.

Provision of information by guardians ad litem to Minister.

35L.

Authorisation.

35M.

Notification of relevant matters.

35N.

Revocation of authorisation.

35O.

Cessation of authorisation.

35P.

Contracts for services.

35Q.

Transitional and saving provisions (Part VA).

PART VI

Children in the Care of Child and Family Agency

36.

Accommodation and maintenance of children in care.

37.

Access to children in care.

38.

Provision of residential care by Child and Family Agency.

39.

Regulations as to foster care.

40.

Regulations as to residential care.

41.

Regulations as to placement with relatives.

42.

Review of cases of children in care.

43.

Removal from placement.

43A.

Orders relating to children in care of same foster parent or relative for five years or more.

43B.

Variation, discharge or cessation of order under section 43A.

44.

Children who become adopted.

45.

Aftercare plan.

45A.

Assessment of need.

45B.

Aftercare plan - eligible child.

45C.

Aftercare plan - eligible adult.

45D.

Review and update of aftercare plan.

46.

Recovery of children removed from care etc.

47.

Application for directions.

48.

Transitional provisions.

PART VII

Supervision of Pre-School Services

49.

Definitions for Part VII. (Repealed)

50.

Regulations as to pre-school services. (Repealed)

51.

Notice to Health Service Executive. (Repealed)

52.

Duty of person carrying on pre-school service. (Repealed)

53.

Supervision of pre-school services. (Repealed)

54.

Authorised persons. (Repealed)

55.

Inspection by authorised persons. (Repealed)

56.

Provision by health boards of pre-school services and information. (Repealed)

57.

Offences under Part VII. (Repealed)

58.

Exemptions from provisions of this Part. (Repealed)

PART VIIA

Supervision of Pre-School Services

58A.

Definitions for this Part.

58B.

Regulations.

58C.

Register.

58D.

Registration.

58E.

Notice to Health Service Executive.

58F.

Appeals to District Court.

58G.

Duty of person providing early years service.

58H.

Supervision of early years services.

58I.

Authorised persons.

58J.

Inspection by authorised persons.

58K.

Offences under Part VIIA.

58L.

Exemptions from provisions of this Part.

PART VIII

Children’s Residential Centres

59.

Definitions for Part VIII.

60.

Prohibition of unregistered children’s residential centres.

61.

Registration of children’s residential centres.

62.

Appeals.

63.

Regulations in relation to children’s residential centres.

64.

Offences under Part VIII.

65.

Discontinuance of centre.

66.

Superannuation of certain staff.

67.

Transitional provisions.

PART IX

Administration

68.

Regulations.

69.

Powers of the Minister.

70.

Charges for certain services.

71.

Prosecution of offences.

72.

Functions of chief executive officer. (Repealed)

73.

Expenses.

PART X

Miscellaneous and Supplementary

74.

Sale etc. of solvents.

75.

Amendment of section 17 of the School Attendance Act, 1926.

76.

Amendment of section 15 of the Guardianship of Infants Act, 1964.

77.

Amendment of section 16 of the Guardianship of Infants Act, 1964.

78.

Maintenance — saver in relation to members of Defence Forces.

79.

Repeals.

SCHEDULE

Enactments Repealed


Acts Referred to

Adoption Act, 1952

1952, No. 25

Adoption Act, 1964

1964, No. 2

Adoption Acts, 1952 to 1988

Children Act, 1908

8 Edw. 7, c. 67

Children Act, 1934

1934, No. 15

Children Act, 1941

1941, No. 12

Children (Amendment) Act, 1957

1957, No. 28

Children (Employment Abroad) Act, 1913

3 & 4 Geo. 5, c. 7

Courts Act, 1964

1964, No. 11

Courts Act, 1971

1971, No. 36

Defence Act, 1954

1954, No. 11

Guardianship of Infants Act, 1964

1964, No. 7

Health Act, 1953

1953, No. 26

Health Act, 1970

1970, No. 1

Health Acts, 1947 to 1986

Health (Amendment) Act, 1987

1987, No. 3

Interpretation Act, 1937

1937, No. 38

Judicial Separation and Family Law Reform Act, 1989

1989, No. 6

Local Government (Superannuation) Act, 1980

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

School Attendance Act, 1926

1926, No. 17


Number 17 of 1991


CHILD CARE ACT 1991

REVISED

Updated to 1 September 2023


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.

PART I

Preliminary

Section 1

Short title and commencement.

1

1.(1) This Act may be cited as the Child Care Act, 1991.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

E21

Power pursuant to section exercised (23.09.2004) by Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004). In relation to para. (2) below, Children Act 1908 was repealed (23.07.2007) by Children Act 2001 (24/2001), s. 5, S.I. No. 524 of 2007, and Adoption Act 1952 was repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7 and sch. 1 part 1, S.I. No. 511 of 2010.

2. (1) The 23rd day of September 2004 is fixed as the day on which Section 79 of, and the schedule to, the Child Care Act 1991 (No. 17 of 1991) come into operation, in so far as they relate to the unrepealed provisions specified in the third column of the Schedule thereto, of the enactments specified in the second column of that Schedule.

(2) In paragraph (1) of this Article, “unrepealed provisions” does not include section 119 of the Children Act 1908 (8 Edw. 7, c.67) and section 31 (2) of the Adoption Act 1952 (No. 25 of 1952).

E22

Power pursuant to section exercised (18.12.1996) by Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996).

2. Sections 49 to 65 and section 67 of the Child Care Act, 1991 shall come into operation on the 18th day of December, 1996.

E23

Power pursuant to section exercised (31.10.1995) by Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995).

2. Section 4, subsections (3) and (4) of section 6, sections 12 to 48, sections 68 and 70 and sections 75 to 78 of the Child Care Act, 1991 shall come into operation on the 31st day of October, 1995.

3. With effect from the 31st day of October, 1995 the enactments specified in the Schedule are hereby repealed to the extent specified in the third column.

SCHEDULE

ENACTMENTS REPEALED

Session and Chapter or Number and Year

Short Title

Extent of Repeal

4 Edw. 7, c. 15.

Prevention of Cruelty to Children Act, 1904.

The whole Act.

8 Edw. 7, c. 67.

Children Act, 1908.

Sections 20 to 25,

Sections 34, 36 and 38 (1),

Sections 58 (1), (5), (6), (7) and (8),

Section 59,

Section 74 (11),

Sections 118, 122 and 126.

3 & 4 Geo. 5, c. 7.

Children (Employment Abroad) Act, 1913.

The whole Act.

No. 12 of 1941.

Children Act, 1941.

Section 10 (1).

No. 26 of 1953.

Health Act, 1953.

Sections 55 and 56.

E24

Power pursuant to section exercised (1.12.1992) by Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992).

2. Sections 3, 7 and 8 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1992.

E25

Power pursuant to section exercised (1.10.1992) by Child Care Act 1991 (Commencement) (No. 2) Act 1992 (S.I. No. 264 of 1992).

2. Section 5, subsections (1), (2) and (5) of section 6, and sections 11, 69, 72 and 73 of the Child Care Act, 1991 shall come into operation on the 1st day of October 1992.

E26

Power pursuant to section exercised (1.06.1992) by Child Care Act 1991 Commencement Order 1992 (S.I. No. 123 of 1992).

2. Sections 9, 10 and 66 of the Child Care Act, 1991 shall come into operation on the 1st day of June, 1992.

3. Section 79 of, and the Schedule to, the Child Care Act, 1991 shall, for the purpose of effecting the repeal of section 65 (2) of the Health Act, 1953 (No. 26 of 1953), come into operation on the 1st day of June, 1992.

E27

Power pursuant to section exercised (1.12.1991) by Child Care Act 1991 (Commencement) Order 1991 (S.I. No. 292 of 1991).

2. Part I and Sections 71 and 74 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1991.

Section 2

Interpretation.

2

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

F1[Act of 2001 means the Children Act 2001;]

F2[Act of 2011 means the Child Care (Amendment) Act 2011;

aftercare plan means an aftercare plan prepared under section 45B or 45C;

assessment of need shall be construed in accordance with section 45A;]

F3["broadcast" has the same meaning as it has in section 2 of the Broadcasting Act 2009; ]

F4[]

child” means a person under the age of 18 years other than a person who is or has been married;

F2[eligible adult, subject to subsections (1A) and (1B), means a person aged 18, 19 or 20 years who was in the care of the Child and Family Agency for a period of not less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years;

eligible child, subject to subsections (1C) and (1D), means a child aged 16 years or over who

(a) is in the care of the Child and Family Agency and has been in the care of the Agency for a period of not less than 12 months since attaining the age of 13 years, or

(b) was in the care of the Child and Family Agency for a period of not less than 12 months since attaining the age of 13 years but is no longer in the care of the Agency;]

functions” includes powers and duties;

F5[]

F1["interim special care order" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ]

F6["Minister" means the Minister for Children and Youth Affairs.]

parents” includes a surviving parent and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1988, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;

prescribed” means prescribed by regulations made by the Minister.

F3["publish" means publish, other than by way of broadcast, to the public or a portion of the public.]

F1["special care" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);

"special care order" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);

"special care unit" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011).]

F2[(1A) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a person was in the care of the Health Service Executive in accordance with this Act for any period of time in the 5 year period immediately prior to the person attaining the age of 18 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.

(b) Where a person was in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a)) of less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years, a period of time spent by that person in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013, under section 5 in the 5 year period immediately prior to the person attaining the age of 18 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.

(1B) A reference in the definition of eligible adult to the care of the Child and Family Agency includes

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA, and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA.

(1C) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a child was in the care of the Health Service Executive in accordance with this Act for any period of time since attaining the age of 13 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible child.

(b) Where a child is or has been in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a)) of less than 12 months since attaining the age of 13 years, a period of time spent by the child in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013, under section 5 since attaining the age of 13 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible child.

(1D) A reference in the definition of eligible child to the care of the Child and Family Agency includes

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA, and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA.]

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that a reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Annotations

Amendments:

F1

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 3(a), S.I. No. 637 of 2017.

F2

Inserted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 2(a), (b), S.I. No. 296 of 2017.

F3

Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 7, S.I. No. 5 of 2014.

F4

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(a), S.I. No. 502 of 2014.

F5

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 1(b), S.I. No. 887 of 2004.

F6

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(b), S.I. No. 502 of 2013.

F7

Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 3, not commenced as of date of revision.

F8

Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), not commenced as of date of revision.

F9

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F10

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b), not commenced as of date of revision.

F11

Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b), not commenced as of date of revision.

Modifications (not altering text):

C5

Prospective affecting provision: definition of “Data Protection Regulation” inserted into subs. (1) by Child Care (Amendment) Act 2022 (21/2022), s. 3, not commenced as of date of revision.

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

F7[Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

C6

Prospective affecting provisions:

• para. (da) in definition of “children’s residential centre” inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b),

• definition “children’s residential centre” inserted into subs. (1) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), and

• subs. (3) inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b)

not commenced as of date of revision.

Interpretation.

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

...

F8["childrens residential centre" means an institution for the residential care of children in the care of the F9[Child and Family Agency] or of other children in need of adequate care and protection but does not include

(a) an institution managed by or on behalf of a Minister of the Government,

(b) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care,

(c) an institution for the care and maintenance of children with a disability,

(d) an institution approved in accordance with the Mental Health Acts 1945 to 2001,

F10[(da) a special care unit, ]

(e) a children detention school as defined in section 3 of the Children Act 2001; ]

...

F11[(3) For the purposes of the definition of "childrens residential centre" in subsection (1), "institution" means a home, centre or institution or part of a home, centre or institution.]

Editorial Notes:

E28

Prospective affecting provision: subs. (1) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 1, not commenced as of date of revision. This amendment was already made (1.01.2014) by Child and Family Agency Act 2013, S.I. No. 502 of 2013, see definition of “children’s residential centre”, as amended by Child Care (Amendment) Act 2011, s. 3(b), in the C-note above. This is therefore an in-force amendment (“Child and Family Agency”) of a prospective affecting provision (insertion of “children’s residential centre”).

1O.J. No. L. 119, 4.5.2016, p. 1

PART II

Promotion of Welfare of Children

Section 3

Functions of F12[Child and Family Agency].

3

3.(1) It shall be a function of F13[the F12[Child and Family Agency]] to promote the welfare of children F14[] who are not receiving adequate care and protection.

(2) In the performance of this function, F15[the F12[Child and Family Agency]] shall—

(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children F16[];

(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—

(i) regard the welfare of the child as the first and paramount consideration, and

(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and

(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.

(3) F17[The F12[Child and Family Agency]] shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69.

(4) F18[]

Annotations

Amendments:

F12

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F13

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(a), S.I. No. 887 of 2004.

F14

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(a), S.I. No. 887 of 2004.

F15

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(b), S.I. No. 887 of 2004.

F16

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(b), S.I. No. 887 of 2004.

F17

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(c), S.I. No. 887 of 2004.

F18

Deleted (30.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 4, S.I. No. 497 of 2011.

Editorial Notes:

E29

Previous affecting provision: subs. (4) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(d), S.I. No. 887 of 2004; deleted as per F-note above.

Section 4

Voluntary care.

4

4.(1) Where it appears to F19[the F20[Child and Family Agency] that a child requires] care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of F19[the F21[Agency]] to take him into its care under this section.

(2) Without prejudice to the provisions of Parts III, IV F22[, IVA (as amended by the Child Care (Amendment) Act 2011)] and VI, nothing in this section shall authorise F23[the F20[Child and Family Agency]] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(3) Where F24[the F20[Child and Family Agency]] has taken a child into its care under this section, it shall be the duty of F24[the F21[Agency]]

(a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F24[the F21[Agency]] to require it and while he remains a child, and

(b) to have regard to the wishes of a parent having custody of him or of any person acting in loco parentis in the provision of such care.

(4) Without prejudice to the provisions of Parts III, IV and VI, where F25[the F20[Child and Family Agency]] takes a child into its care because it appears that he is lost or that a parent having custody of him is missing or that he has been deserted or abandoned, F25[the F21[Agency]] shall endeavour to reunite him with that parent where this appears to F25[the F21[Agency]] to be in his best interests.

(5) F26[A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day.]

Annotations

Amendments:

F19

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(a), S.I. No. 887 of 2004.

F20

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F21

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F22

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 5, S.I. No. 637 of 2017.

F23

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(b), S.I. No. 887 of 2004.

F24

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(c), S.I. No. 887 of 2004.

F25

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(d), S.I. No. 887 of 2004.

F26

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 4, S.I. No. 502 of 2013.

Editorial Notes:

E30

Previous affecting provision: subs. (5) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 3(e), S.I. No. 887 of 2004; substituted as per F-note above.

Section 5

Accommodation for homeless children.

5

5.Where it appears to F27[the F28[Child and Family Agency] that a child is homeless, the F29[Agency] shall] enquire into the child’s circumstances, and F30[if it] is satisfied that there is no accommodation available to him which he can reasonably occupy, then, unless the child is received into the F31[care of the F29[Agency]] under the provisions of this Act, F32[the F29[Agency] shall take] such steps as are reasonable to make available suitable accommodation for him.

Annotations

Amendments:

F27

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(a), S.I. No. 887 of 2004.

F28

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F29

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F30

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(b), S.I. No. 887 of 2004.

F31

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(c), S.I. No. 887 of 2004.

F32

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(d), S.I. No. 887 of 2004.

Section 6

Provision of adoption service.

6

6.F33[(1) The F34[Child and Family Agency] shall provide, or ensure the provision of, a service for the adoption of children in accordance with the Adoption Act 2010.]

F33[(2) For the purposes of this section, the F34[Child and Family Agency] may enter into arrangements with an accredited body within the meaning of section 3 (1) of the Adoption Act 2010.]

(3) F35[The F34[Child and Family Agency]] may take a child into its care with a view to his adoption and may maintain him in such care in accordance with the provisions of this Act until he is placed for adoption.

(4) Without prejudice to Parts III, IV and VI, nothing in this section shall authorise F36[the F34[Child and Family Agency]] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(5) The provisions of section 10 shall apply with any necessary modifications in relation to any arrangement made under subsection (2).

Annotations

Amendments:

F33

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(a), S.I. No. 511 of 2010.

F34

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F35

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 5(c), S.I. No. 887 of 2004.

F36

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 5(d), S.I. No. 887 of 2004.

Editorial Notes:

E31

Provision for establishment of adoption committees by the Health Service Executive to assist and advise the Adoption Authority in the performance of its functions under this section made (1.11.2010) by Adoption Act 2010 (21/2010), s. 36(1) and (2)(a), S.I. No. 511 of 2010.

E32

Previous affecting provision: subs. (1) and words in subs. (2) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 5(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.

Section 7

Child care advisory committees.

7

7.F37[(1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it.]

F38[(1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section.]

(2) A child care advisory committee shall be composed of persons with a special interest or expertise in matters affecting the welfare of children, including representatives of voluntary bodies providing child care and family support services.

(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but F39[the F40[Child and Family Agency]] may make payments to any such member in respect of travelling and subsistence expenses incurred by him in relation to the business of the committee.

(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.

(5) The Minister shall give general directions in relation to child care advisory committees which may include directions on any matter relating to the membership, constitution or business of committees (including a provision empowering a committee to co-opt one or more members) and F41[the F40[Child and Family Agency] and each child care advisory committee] shall comply with any such directions.

F42[(5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.

(5B) The Minister may amend or revoke directions given in relation to child care advisory committees.]

(6) F43[The F40[Child and Family Agency]] may, with the consent of the Minister, and shall, if so directed by the Minister, establish more than one child care advisory committee F44[] and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.

(7) Each child care advisory committee shall—

(a) have access to non-personal information in relation to child care and family support services in its area,

(b) consult with voluntary bodies providing child care and family support services in its area,

(c) report on child care and family support services in its area, either on its own initiative or when so requested by the F40[Child and Family Agency],

(d) review the needs of children in its area who are not receiving adequate care and protection,

and where more than one child care advisory committee is established F45[], the provisions of this subsection shall apply with the necessary modifications.

Annotations

Amendments:

F37

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F38

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F39

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(b), S.I. No. 887 of 2004.

F40

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F41

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(c), S.I. No. 887 of 2004.

F42

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(b).

F43

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(e), S.I. No. 887 of 2005.

F44

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 97 and sch. 2, part 4 item 5(c), S.I. No. 502 of 2013.

F45

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(d), S.I. No. 502 of 2013.

Modifications (not altering text):

C7

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

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.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 17 of 1991

Child Care Act 1991

Sections 7(4) and 70(2)

...

...

...

Editorial Notes:

E33

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(f)(i), S.I. No. 887 of 2005; substituted as per F-note above.

E34

Previous affecting provisions: subss. (1), (1A), (5A) and (5B) substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(a), (d), S.I. No. 887 of 2004; substituted as per F-notes above.

Section 8

Review of services.

8

8.F46[(1) The Child and Family Agency shall

(a) not later than 6 months after the establishment day of the Agency, prepare the report that, but for the amendment of this section by the Child and Family Agency Act 2013, the Health Service Executive would have been required to have prepared under this section, and

(b) annually thereafter prepare a report on the adequacy of the child care and family support services available.]

(2) Without prejudice to the generality of subsection (1), F47[the F48[Child and Family Agency]] in preparing a report under this section shall have regard to the needs of children who are not receiving adequate care and protection and, in particular—

(a) children whose parents are dead or missing,

(b) children whose parents have deserted or abandoned them,

(c) children who are in the care of F49[the F50[Agency]],

(d) children who are homeless,

(e) children who are at risk of being neglected or ill-treated, and

(f) children whose parents are unable to care for them due to ill-health or for any other reason.

F51[(3) The Child and Family Agency shall give notice of the preparation of a report under subsection (1) to

(a) each child care advisory committee, and

(b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services,

and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.]

(4) F52[The F48[Child and Family Agency]] shall submit a copy of any report prepared under this section to the Minister and may make copies of any such report available to such bodies as are mentioned in subsection (3) (b).

Annotations

Amendments:

F46

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 6(a), S.I. No. 502 of 2013.

F47

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 7(b)(i), S.I. No. 887 of 2004.

F48

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F49

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 7(b)(ii), S.I. No. 887 of 2004.

F50

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F51

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 6(b), S.I. No. 502 of 2013.

F52

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 7(d), S.I. No. 887 of 2004.

Editorial Notes:

E35

Previous affecting provision: subss. (1) substituted and (3) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 7(a), (c), S.I. No. 887 of 2004; substituted as per F-note above.

Section 9

Provision of services by voluntary bodies and other persons.

9

9.(1) F53[]

F54[(2) Nothing in the Child and Family Agency Act 2013 shall empower the Child and Family Agency to delegate to a voluntary body or to any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011) or VI.]

Annotations

Amendments:

F53

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 8(a), S.I. No. 887 of 2004.

F54

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 7, S.I. No. 502 of 2013.

Editorial Notes:

E36

Previous affecting provision: subs. (2) substituted by Child Care (Amendment) Act 2011 (19/2011), s. 6, not commenced; substituted as per F-note above.

Section 10

Assistance for voluntary bodies and other persons.

10

10.— F55[]

Annotations

Amendments:

F55

Repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.

Editorial Notes:

E37

Previous affecting provision: subs. (1) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 9(a), S.I. No. 887 of 2004; repealed as per F-note above.

E38

Previous affecting provision: subs. (2) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 9(b), S.I. No. 887 of 2004; repealed as per F-note above.

Section 11

Research.

11

11.(1) The Minister may conduct or assist other persons in conducting research into any matter connected with the care and protection of children or the provision of child care and family support services.

(2) F56[The F57[Child and Family Agency]] may conduct or assist other persons in conducting research into any matter connected with the functions assigned to F56[the F58[Agency]] under this Act.

Annotations

Amendments:

F56

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 10, S.I. No. 887 of 2004.

F57

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F58

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

PART III

Protection of Children in Emergencies

Annotations

Editorial Notes:

E39

District Court termed “Children Court” for the purpose of Part III of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Section 12

Power of Garda Síochána to take a child to safety.

12

12.(1) Where a member of the Garda Síochána has reasonable grounds for believing that—

(a) there is an immediate and serious risk to the health or welfare of a child, and

(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by F59[the F60[Child and Family Agency]] under section 13, F61[or an application for a warrant under section 35].

the member, accompanied by such other persons as may be necessary, may, without warrant, enter (if need be by force) any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) and remove the child to safety.

(2) The provisions of subsection (1) are without prejudice to any other powers exercisable by a member of the Garda Síochána.

(3) Where a child is removed by a member of the Garda Síochána in accordance with subsection (1), the child shall as soon as possible be delivered up to the custody of the F60[Child and Family Agency].

(4) Where a child is delivered up to the custody of F62[the F60[Child and Family Agency]] in accordance with subsection (3), F62[the F63[Agency]] shall, unless it returns the child to the parent having custody of him or a person acting in loco parentis F64[or an order referred to in section 35 has been made in respect of the child], make application for an emergency care order at the next sitting of the District Court held in the same district court district or, in the event that the next such sitting is not due to be held within three days of the date on which the child is delivered up to the custody of F62[the F63[Agency]], at a sitting of the District Court, which has been specially arranged under section 13(4), held within the said three days, and it shall be lawful for F62[the F63[Agency]] to retain custody of the child pending the hearing of that application.

F65[(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 and the child is not delivered up to the custody of the Health Service Executive before the establishment day of the Child and Family Agency

(a) the child shall as soon as possible be delivered up to the custody of the Agency, and

(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Agency in accordance with subsection (3) of this section.]

Annotations

Amendments:

F59

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 11(a), S.I. No. 887 of 2004.

F60

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F61

Substituted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(a), commenced on enactment.

F62

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 11(c), S.I. No. 887 of 2004.

F63

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F64

Inserted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(b), commenced on enactment.

F65

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 8, S.I. No. 502 of 2013.

Modifications (not altering text):

C8

Application of section extended (1.03.2007) by Children Act 2001 (24/2001), s. 53(4) and (5), S.I. No. 64 of 2007.

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

53. ...

(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

(a) that there is an immediate and serious risk to the health or welfare of the child, and

(b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by [the F60[Child and Family Agency]] under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

C9

Application of section extended by (1.05.2002) Children Act 2001 (24/2001), s. 254(4), S.I. No. 151 of 2002.

Powers of arrest without warrant, etc.

254.— ...

(4) Where a member of the Garda Síochána makes an arrest under this section and the member has reasonable grounds for believing that—

(a) there is an immediate and serious risk to the safety, health or wellbeing of the child, and

(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by [the Child and Family Agency] under section 13 of the Act of 1991,

the member may remove the child to safety and the provisions of Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

Editorial Notes:

E40

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 11(d), S.I. No. 877 of 2004; substituted as per F-note above.

E41

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 11(b), S.I. No. 887 of 2004; substituted as per F-note above.

Section 13

Emergency care order.

13

13.(1) If a justice of the District Court is of opinion on the application of F66[the F67[Child and Family Agency]] that there is reasonable cause to believe that—

(a) there is an immediate and serious risk to the health or welfare of a child which necessitates his being placed in the care of F66[the F67[Child and Family Agency]], or

(b) there is likely to be such a risk if the child is removed from the place where he is for the time being,

the justice may make an order to be known and in this Act referred to as an “emergency care order”.

(2) An emergency care order shall place the child under the care of F68[the F67[Child and Family Agency]] for a period of eight days or such shorter period as may be specified in the order.

(3) Where a justice makes an emergency care order, he may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) any house or other place specified in the warrant (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of the F67[Child and Family Agency].

(4) The following provisions shall have effect in relation to the making of emergency care orders—

(a) any such order shall, subject to paragraph (b), be made by the justice for the district in which the child resides or is for the time being;

(b) where a justice for the district in which the child resides or is for the time being is not immediately available, an order may be made by any justice of the District Court;

(c) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte;

(d) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.

(5) An appeal from an emergency care order shall not stay the operation of the order.

(6) It shall not be necessary in any application or order under this section to name the child if such name is unknown.

(7) (a) Where a justice makes an emergency care order, he may, of his own motion or on the application of any person, give such directions (if any) as he thinks proper with respect to—

(i) whether the address or location of the place at which the child is being kept is to be withheld from the parents of the child, or either of them, a person acting in loco parentis or any other person;

(ii) the access, if any, which is to be permitted between the child and any named person and the conditions under which the access is to take place;

(iii) the medical or psychiatric examination, treatment or assessment of the child.

(b) A direction under this subsection may be given at any time during the currency of the order and may be varied or discharged on the application of any person.

Annotations

Amendments:

F66

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 12(a), S.I. No. 887 of 2004.

F67

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F68

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 12(b), S.I. No. 887 of 2004.

Modifications (not altering text):

C10

Application of subs. (4) extended (1.11.2006) by Mental Health Act 2001 (25/2001), s. 23(4), S.I. No. 411 of 2006.

Power to prevent voluntary patient from leaving approved centre.

23.— ...

(4) The provisions of section 13(4) of the Child Care Act, 1991, shall apply to the making of an application in respect of a child to whom this section applies with any necessary modifications.

C11

References to “psychiatric examination, treatment or assessment” under subs. (7) 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:

E42

Previous affecting provision: “Health Service Executive” substituted for “health board” in subs. (3) (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 12(c), S.I. No. 887 of 2004; substituted as per F-note above.

Section 14

Notification to be given by F69[Child and Family Agency].

14

14.(1)Where a child is delivered up to, or placed in the custody of, F70[the F69[Child and Family Agency] under this Part, the F71[Agency]] shall as soon as possible inform or cause to be informed a parent having custody of him or a person acting in loco parentis of that delivery or placement unless that parent or person is missing and cannot be found.

(2)For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in the custody of F72[the F69[Child and Family Agency]] under section 13 if he is given or shown a copy of the emergency care order made under that section or if that person was present at the sitting of the court at which such order was made.

Annotations

Amendments:

F69

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F70

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 13(a), S.I. No. 887 of 2004.

F71

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F72

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 13(b), S.I. No. 887 of 2004.

Section 15

Provision of accommodation for purposes of Part III.

15

15.—F73[The F74[Child and Family Agency]] shall provide or make arrangements with the registered proprietors of children’s residential centres or with other suitable persons for the provision of suitable accommodation for the purposes of this Part.

Annotations

Amendments:

F73

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 14, S.I. No. 887 of 2004.

F74

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F75

Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, item 2, not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: section substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, part 1, item 2, not commenced as of date of revision.

F75[Provision of accommodation for purposes of Part III.

15.The F74[Child and Family Agency] shall provide or make arrangements with suitable persons for the provision of suitable accommodation for the purposes of this Part.]

Editorial Notes:

E43

Prospective affecting provision: section amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 2, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above.

PART IV

Care Proceedings

Annotations

Editorial Notes:

E44

Payment of legal aid contribution exempted for defence of proceedings brought by the Health Service Executive under Part by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), reg. 21(11) as inserted (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), reg. 3(ii)(f).

E45

District Court termed “Children Court” for the purpose of Part IV of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Section 16

Duty of F76[Child and Family Agency] to institute proceedings.

16

16.Where it appears to F77[the F76[Child and Family Agency] that a child] requires care or protection which he is unlikely to receive unless a court makes a care order or a supervision order in respect of him, it shall be the duty of the F78[Agency] to make application for a care order or a supervision order, as it thinks fit.

Annotations

Amendments:

F76

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F77

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 15(a), S.I. No. 887 of 2005.

F78

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E46

Previous affecting provision: “Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 15(b), S.I. No. 887 of 2004; substituted as per F-note above.

Section 17

Interim care order.

17

17.(1) Where a justice of the District Court is satisfied on the application of F79[the F80[Child and Family Agency]] that—

(a) an application for a care order in respect of the child has been or is about to be made (whether or not an emergency care order is in force), and

(b) there is reasonable cause to believe that any of the circumstances mentioned at paragraph (a), (b) or (c) of section 18(1) exists or has existed with respect to the child and that it is necessary for the protection of the child’s health or welfare that he be placed or maintained in the care of F79[the F81[Agency]] pending the determination of the application for the care order,

the justice may make an order to be known and in this Act referred to as an “interim care order”.

(2) An interim care order shall require that the child named in the order be placed or maintained in the care of the F80[Child and Family Agency]

(a) for a period not exceeding F82[twenty-nine days], or

(b) where the F80[Child and Family Agency] and the parent having custody of the child or person acting in loco parentis consent, for a period exceeding F82[twenty-nine days],

and an extension or extensions of any such period may be granted (with the consent, F82[where an extension is to exceed twenty-nine days], of the persons specified in paragraph (b)) on the application of any of the parties if the justice is satisfied that grounds for the making of an interim care order continue to exist with respect to the child.

(3) An application for an interim care order or for an extension of such an order shall be made on notice to a parent having custody of the child or to a person acting in loco parentis except where, having regard to the interests of justice or the welfare of the child, the justice otherwise directs.

(4) Where an interim care order is made, the justice may order that any directions given under subsection (7) of section 13 may remain in force subject to such variations, if any, as he may see fit to make or the justice may give directions in relation to any of the matters mentioned in the said subsection and the provisions of that section shall apply with any necessary modifications.

Annotations

Amendments:

F79

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 16(a), S.I. No. 887 of 2004.

F80

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F81

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F82

Substituted (13.03.2013) by Child Care (Amendment) Act 2013 (5/2013), s. 1, commenced on enactment.

Editorial Notes:

E47

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 16(b), S.I. No. 887 of 2004; substituted as per F-note above.

E48

Previous affecting provision: subs. (2) amended (1.05.2002) by Children Act 2001 (24/2001), s. 267(1)(a), S.I. No. 151 of 2002; substituted as per F-note above.

Section 18

Care order.

18

18.(1) Where, on the application of F83[the F84[Child and Family Agency] with respect to a child], the court is satisfied that—

(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or

(b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or

(c) the child’s health, development or welfare is likely to be avoidably impaired or neglected,

and that the child requires care or protection which he is unlikely to receive unless the court makes an order under this section, the court may make an order (in this Act referred to as a “care order”) in respect of the child.

(2) A care order shall commit the child to the care of the F84[Child and Family Agency] for so long as he remains a child or for such shorter period as the court may determine and, in such case, the court may, of its own motion or on the application of any person, extend the operation of the order if the court is satisfied that grounds for the making of a care order continue to exist with respect to the child.

(3) Where a care order is in force, the F84[Child and Family Agency] shall—

(a) have the like control over the child as if it were his parent; and

(b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s health, development or welfare;

and shall have, in particular, the authority to—

(i) decide the type of care to be provided for the child under section 36;

(ii) give consent to any necessary medical or psychiatric examination, treatment or assessment with respect to the child; and

(iii) give consent to the issue of a passport to the child, or to the provision of passport facilities for him, to enable him to travel abroad for a limited period.

(4) Any consent given by F85[the F84[Child and Family Agency]] in accordance with this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.

(5) Where, on an application for a care order, the court is satisfied that—

(a) it is not necessary or appropriate that a care order be made, and

(b) it is desirable that the child be visited periodically in his home by or on behalf of F85[the F84[Child and Family Agency]],

the court may make a supervision order under section 19.

(6) Between the making of an application for a care order and its determination, the court, of its own motion or on the application of any person, may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child who is the subject of the application pending such determination, and any such direction or supervision order shall cease to have effect on the determination of the application.

(7) Where a court makes a care order, it may in addition make an order requiring the parents of the child or either of them to contribute to the F84[Child and Family Agency] such weekly or other periodic sum towards the cost of maintaining the child as the court, having regard to the means of the parents or either of them, thinks fit.

(8) An order under subsection (7) may be varied or discharged on application to the court by the parent required to contribute or by the F84[Child and Family Agency].

F86[(9) Where a care order

(a) has been made in respect of a child and

(i) during the period for which the care order has effect a special care order or an interim special care order is made in respect of the child, and

(ii) the care order ceases to have effect during the period for which the special care order or interim special care order has effect,

or

(b) has not been made in respect of a child and a special care order or an interim special care order has been made in respect of that child,

the F84[Child and Family Agency] may apply for a care order in respect of that child during the period for which the special care order or interim special care order has effect.

(10) Where the District Court makes a care order, pursuant to the application referred to in subsection (9), during the period for which the special care order or interim special care order has effect, it shall direct that the care order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.]

Annotations

Amendments:

F83

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 17(a), S.I. No. 887 of 2004.

F84

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 item 3, S.I. No. 636 of 2017.

F85

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 17(c), S.I. No. 887 of 2004.

F86

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 8, S.I. No. 637 of 2017.

Editorial Notes:

E49

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2), (3) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 items 17(b) and (d), S.I. No. 887 of 2004; substituted as per F-note above.

Section 19

Supervision order.

19

19.(1) Where, on the application of F87[the F88[Child and Family Agency] with respect to a child], the court is satisfied that there are reasonable grounds for believing that—

(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or

(b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or

(c) the child’s health, development or welfare is likely to be avoidably impaired or neglected,

and it is desirable that the child be visited periodically by or on behalf of F87[the F88[Child and Family Agency]], the court may make an order (in this Act referred to as a “supervision order”) in respect of the child.

(2) A supervision order shall authorise F89[the F88[Child and Family Agency]] to have the child visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to his parents or to a person acting in loco parentis any necessary advice as to the care of the child.

(3) Any parent or person acting in loco parentis who is dissatisfied with the manner in which F89[the F88[Child and Family Agency]] is exercising its authority to have a child visited in accordance with this section may apply to the court and the court may give such directions as it sees fit as to the manner in which the child is to be visited and F89[the F88[Child and Family Agency]] shall comply with any such direction.

(4) Where a court makes a supervision order in respect of a child, it may, on the application of F89[the F88[Child and Family Agency]], either at the time of the making of the order or at any time during the currency of the order, give such directions as it sees fit as to the care of the child, which may require the parents of the child or a person acting in loco parentis to cause him to attend for medical or psychiatric examination, treatment or assessment at a hospital, clinic or other place specified by the court.

(5) Any person who fails to comply with the terms of a supervision order or any directions given by a court under subsection (4) or who prevents a person from visiting a child on behalf of F89[the F88[Child and Family Agency]] or who obstructs or impedes any such person visiting a child in pursuance of such an order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(6) A supervision order shall remain in force for a period of 12 months or such shorter period as may be specified in the order and, in any event, shall cease to have effect when the person in respect of whom the order is made ceases to be a child.

(7) On or before the expiration of a supervision order, a further supervision order may be made on the application of F89[the F88[Child and Family Agency]] with effect from the expiration of the first mentioned order.

F90[(8) Where a supervision order

(a) has been made in respect of a child and

(i) during the period for which the supervision order has effect a special care order or an interim special care order is made in respect of the child, and

(ii) the supervision order ceases to have effect during the period for which the special care order or interim special care order has effect,

or

(b) has not been made in respect of a child and a special care order or interim special care order has been made in respect of that child,

the F88[Child and Family Agency] may apply for a supervision order in respect of that child during the period for which the special care order or interim special care order has effect.

(9) Where the District Court makes the supervision order, pursuant to the application referred to in subsection (8), during the period for which the special care order or interim special care order has effect, it shall direct that the supervision order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.]

Annotations

Amendments:

F87

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 18(a), S.I. No. 887 of 2004.

F88

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 item 4, S.I. No. 636 of 2017.

F89

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 18(b), S.I. No. 887 of 2004.

F90

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 9, S.I. No. 637 of 2017.

Modifications (not altering text):

C13

References to “psychiatric examination, treatment or assessment” under subs. (4) 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:

E50

A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.

Section 20

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

20

20.F91[Where in any proceedings under section 7, 8, 11, 11B or Part III of the Guardianship of Infants Act, 1964, or in any case to which

(a) section 3(3) of the Judicial Separation and Family Law Reform Act, 1989,

(b) section 6(b) or 10(f) of the Family Law Act, F92[1995,]

(c) section 5(2), 11(b) or 41 of the Family Law (Divorce) Act, F92[1996, or]

F93[(d) section 110(2), 115(c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010]

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct F94[the F95[Child and Family Agency]] to undertake an investigation of the childs circumstances.]

(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child concerned pending the outcome of the investigation by the F95[Child and Family Agency].

(3) Where the court gives a direction under subsection (1), the F95[Child and Family Agency] shall undertake an investigation of the child’s circumstances and shall consider whether it should—

(a) apply for a care order or for a supervision order with respect to the child,

(b) provide services or assistance for the child or his family, or

(c) take any other action with respect to the child.

(4) Where F94[the F95[Child and Family Agency]] undertakes an investigation under this section and decides not to apply for a care order or a supervision order with respect to the child concerned, it shall inform the court of—

(a) its reasons for so deciding,

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

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

F96[(5) Where the Health Service Executive was directed to undertake an investigation into a childs circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency

(a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency,

(b) the investigation may be completed by the Agency, and

(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Agency.]

Annotations

Amendments:

F91

Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 1(2).

F92

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(a) and (b), S.I. No. 12 of 2016.

F93

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(c), S.I. No. 12 of 2016.

F94

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 19(a), S.I. No. 887 of 2004.

F95

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F96

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 9, S.I. No. 502 of 2013.

Editorial Notes:

E51

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

E52

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2) and (3) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

Section 21

Effect of appeal from orders.

21

21.An appeal from an order under this Part shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.

Section 22

Variation or discharge of orders etc.

22

22.The court, of its own motion or on the application of any person, may—

(a) vary or discharge a care order or a supervision order,

(b) vary or discharge any condition or direction attaching to the order, or

(c) in the case of a care order, discharge the care order and make a supervision order in respect of the child.

Section 23

Powers of court in case of invalidity of orders.

23

23.Where a court finds or declares in any proceedings that a care order for whatever reason is invalid, that court may of its own motion or on the application of any person refuse to exercise any power to order the delivery or return of the child to a parent or any other person if the court is of opinion that such delivery or return would not be in the best interests of the child and in any such case the court, of its own motion or on the application of any person, may—

(a) make a care order as if it were a court to which an application had been made by F97[the F98[Child and Family Agency]] under section 18,

(b) make an order remitting the matter to a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being or was residing or was at the time that the invalid order was made or the application therefor was made; and where the matter has been so remitted F97[the F98[Child and Family Agency]] shall be deemed to have made an application under section 18,

(c) direct that any order under paragraph (a) shall, if necessary, be deemed for the purposes of this Act to have been made by a justice of the District Court for the time being assigned to a district court district, specified by the court, or

(d) where it makes an order under paragraph (b), make a temporary order under paragraph (a) pending the making of an order by the court to which the matter or question has been remitted.

Annotations

Amendments:

F97

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 20, S.I. No. 887 of 2004.

F98

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F99[PART IVA

Children in need of Special Care or Protection]

Annotations

Amendments:

F99

Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

Annotations

Editorial Notes:

E53

Part amended by substitution of “Child and Family Agency” for “Health Service Executive” (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017. This amendment was already made by Child and Family Agency Act 2013, see F-note in each affected section.

E54

Power conferred on Child and Family Agency to make arrangements with any suitable person to discharge its obligations under Part (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 58(1), S.I. No. 502 of 2013.

E55

Payment of legal aid contribution exempted for defence of proceedings brought by the Health Service Executive under Part by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), reg. 21(11) as inserted (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), reg. 3(ii)(f).

E56

District Court termed “Children Court” for the purpose of Part IVA of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Section 23A

F100[ Interpretation.

23A

23A.In this Part

"Act of 2007" means the Health Act 2007;

"care requirements" means the care a child requires having regard to his or her behaviour;

"Children Act order" means

(a) a reprimand referred to in section 98 of the Act of 2001,

(b) an order referred to in paragraph (a), (b), (c), (d), (e) or (f) of section 98 of the Act of 2001, or

(c) a community sanction referred to in paragraph (a), (b), (c) or (d) of section 115 of the Act of 2001 and such sanction is not subject to a condition referred to in paragraph (d) of section 117 of the Act of 2001;

"children detention order" has the meaning assigned to it by section 3 of the Act of 2001;

"custodial sentence" means

(a) a children detention order but does not include a children detention order the making of which has been deferred under section 144 of the Act of 2001,

(b) a detention and supervision order referred to in section 151 of the Act of 2001, or

(c) a sentence referred to in section 155 (as amended by the Criminal Justice Act 2006) of the Act of 2001;

"family welfare conference" has the meaning assigned to it by the Act of 2001;

"guardian", in relation to a child, means a person who

(a) is a guardian of a child pursuant to the Guardianship of Infants Act 1964, or

(b) is appointed to be a guardian of the child by

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

"interim special care order" means an order made under section 23L;

"relative" has the meaning assigned to it in section 23O (inserted by the Act of 2001);

"special care" shall be construed in accordance with section 23C;

"special care order" means an order made under section 23H;

"special care unit" means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care;

"suspended custodial sentence" means a custodial sentence which does not take effect immediately it is imposed and does not include

(a) a children detention order the making of which has been deferred under section 144 of the Act of 2001, or

(b) a period of detention which has been suspended under section 144(9)(b) of the Act of 2001.]

Annotations

Amendments:

F100

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

Editorial Notes:

E57

Previous affecting provision: section amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013; section substituted as per F-note above.

E58

Previous affecting provision: subss. (2)(b), (5) deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1), S.I. No. 453 of 2011; section substituted as per F-note above.

E59

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 21(a)-(c), S.I. No. 887 of 2004; section substituted as per F-note above.

E60

Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 21(d), S.I. No. 887 of 2004; repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(b), S.I. No. 453 of 2011.

Section 23B

F101[Provision of special care and special care units.

23B

23B.(1) The F102[Child and Family Agency] shall provide special care to a child in respect of whom a special care order or an interim special care order has been made for the period for which that special care order or interim special care order has effect.

(2) The F102[Child and Family Agency] shall not detain a child in a special care unit unless the detention is pursuant to, and in accordance with, a special care order or an interim special care order made in respect of that child or the High Court has otherwise ordered.

(3) The F102[Child and Family Agency] shall

(a) provide special care units, and

(b) maintain and administer special care units provided by it under paragraph (a),

and shall comply with regulations, if any, made under the Act of 2007 in relation to special care units and standards, if any, set out under section 8(1)(b) of the Act of 2007.

(4) Notwithstanding subsection (3) and subject to subsection (5), the F102[Child and Family Agency] may, for the purposes of this Part, enter into an arrangement with a person under F103[section 58 of the Child and Family Agency Act 2013] in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit.

(5) Without prejudice to the generality of F104[section 58 of the Child and Family Agency Act 2013] and to any term, condition of or other matter relating to an arrangement under that section as the F102[Child and Family Agency], in accordance with that section, considers appropriate, for the purposes of this Part

(a) the provisions specified in subsection (6) shall apply to a person with whom that arrangement is entered into,

(b) the F102[Child and Family Agency], in relation to an arrangement referred to in subsection (4), shall

(i) supervise and monitor the special care unit provided, maintained and administered under the arrangement and the provision of special care in that unit, and

(ii) establish procedures for the notification to it of the release of a child pursuant to and in accordance with section 23NF(9),

(c) where a child, in respect of whom a special care order or an interim special care order has been made

(i) is, without lawful authority or the consent or the knowledge of the F102[Child and Family Agency] or the person with whom such arrangement is entered into, removed from a special care unit provided pursuant to such arrangement,

(ii) absconds from a special care unit provided pursuant to such arrangement,

(iii) fails to return, or is prevented from returning, to a special care unit provided pursuant to such arrangement, or

(iv) is missing or is otherwise absent, without the consent or knowledge of the F102[Child and Family Agency] or the person with whom such arrangement has been entered into, from a special care unit provided pursuant to such arrangement or place to which he or she has been released in accordance with section 23NF or 23NG,

the person with whom such arrangement has been entered into shall forthwith inform the F102[Child and Family Agency],

(d) guidelines prepared and published by the F102[Child and Family Agency] under section 23NO in respect of the procedures referred to in paragraphs (a) and (c) of that section shall apply to a person with whom such arrangement has been entered into, and

(e) nothing in that arrangement or this Act shall be construed as permitting the person, with whom the arrangement referred to in subsection (4) was entered into, to apply for

(i) a special care order or an interim special care order,

(ii) an extension, discharge or variation of such order, or

(iii) the release of the child under section 23NF(1) or 23NG,

or to make an application to the High Court in respect of proceedings under or pursuant to this Part.

(6) The provisions referred to in subsection (5)(a) are

(a) subsections (1), (2) and (3),

(b) subsections (1) and (5) of section 23D,

(c) section 23E(6),

(d) paragraphs (b) and (f) of subsection (1) of section 23ND, and

(e) paragraphs (a) and (b) of subsection (9) of section 23NF.]

Annotations

Amendments:

F101

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2007) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F102

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F103

Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017.

F104

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 10(b), S.I. No. 502 of 2013. This amendment was also made (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017.

Editorial Notes:

E61

Amendment of subs. (5) (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 10(b), S.I. No. 502 of 2013, could not be made in the previous version; as drafted the amendment could only be made to the version substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), S.I. No. 637 of 2017.

E62

Previous affecting provision: section amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013; section substituted as per F-note above.

E63

Previous affecting provision: sibs. (1) amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(c), S.I. No. 453 of 2011; section substituted as per F-note above.

E64

Previous affecting provision: subs. (1) amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(1) and sch. part 1 item 2, S.I. No. 509 of 2007; deleted as per F-note above.

E65

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2), (3), (5) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; substituted as per F-note above.

E66

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; section substituted as per F-note above.

E67

Previous affecting provision: Part inserted (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23C

F105[Special care.

23C

23C.In this Part "special care" means the provision, to a child, of

(a) care which addresses

(i) his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare, and

(ii) his or her care requirements,

and includes medical and psychiatric assessment, examination and treatment, and

(b) educational supervision,

in a special care unit in which the child is detained and requires for its provision a special care order or an interim special care order directing the F106[Child and Family Agency] to detain the child in a special care unit, which the F106[Child and Family Agency] considers appropriate for the child, for the purpose of such provision and may, during the period for which the special care order or interim special care order has effect, include the release of the child from the special care unit

(i) in accordance with section 23NF, and

(ii) where the release is required for the purposes of section 23D or 23E, in accordance with section 23NG.]

Annotations

Amendments:

F105

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F106

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E68

Previous affecting provision: subs. (1) amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013; section substituted as per F-note above.

E69

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2)(b), (3) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 23, S.I. No. 887 of 2004; substituted as per F-note above.

E70

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); substituted as per F-note above.

Section 23D

F107[Criminal proceedings and provision of special care.

23D

23D.(1) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, subject to subsection (6) and section 23E, nothing in this Act shall be construed as preventing the F108[Child and Family Agency] from providing special care to such child in accordance with a special care order or an interim special care order.

(2) Without prejudice to the generality of subsection (1), subject to subsection (6) and section 23E

(a) where a child is charged with an offence and the proceedings in respect of that charge have not been determined, nothing in this Act shall be construed as preventing

(i) the F108[Child and Family Agency] from applying for a special care order or an interim special care order and, where the order is made in respect of that child, from applying for an extension of that order under section 23J or, as the case may be, section 23N, in respect of that child, or

(ii) the High Court from hearing and determining an application referred to in subparagraph (i),

and

(b) where a special care order or an interim special care order has been made in respect of a child and that child is charged with an offence during the period for which a special care order or an interim special care order has effect, nothing in this Act shall be construed as

(i) requiring the special care order or interim special care order to be discharged,

(ii) preventing the F108[Child and Family Agency] from making an application to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect, or

(iii) preventing the High Court from hearing and determining an application referred to in subparagraph (ii),

before the proceedings in respect of that charge are determined and the F108[Child and Family Agency] shall, as soon as practicable, inform the Court hearing that charge that the child is the subject of a special care order, or an interim special care order, and of the period for which the order has effect.

(3) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, without prejudice to section 24, when considering

(a) an application for a special care order or an interim special care order in respect of that child,

(b) an application, in respect of that child, to extend the period for which

(i) under and in accordance with section 23J, the special care order has effect, or

(ii) under and in accordance with section 23N, the interim special care order, has effect,

or

(c) an application under section 23NG, in respect of that child, to vary the special care order or interim special care order to authorise the release of a child from a special care unit for the purposes of the hearing of that charge and any other matter relating to the conduct of the proceedings in which that charge is heard,

the High Court shall have regard, at all times, to the rights of the child who is the subject of that application including his or her rights in the proceedings in which that charge is heard and without prejudice to the generality of the foregoing, the High Court shall not make, or vary, such order or extend such period or give a direction in respect of such order, extension or variation which would prejudice, or otherwise interfere with, the rights of the child in the proceedings in which that charge is heard and the conduct of those proceedings.

(4) Where the F108[Child and Family Agency] makes an application

(a) for a special care order or an interim special care order, or

(b) to extend the period for which

(i) under section 23J, the special care order has effect, or

(ii) under section 23N, the interim special care order has effect,

in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F108[Child and Family Agency] shall

(i) inform the High Court of

(I) that charge and those proceedings,

(II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of the hearing of that charge and the conduct of those proceedings, and

(III) without prejudice to the generality of subparagraph (II), any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of subsection (5)(b) and (5)(c),

and

(ii) inform the Court hearing that charge

(I) of the application referred to in paragraph (a) and, where the High Court makes a special care order or an interim special care order, to inform the Court hearing that charge that the order concerned was made and the period for which it has effect, or

(II) of the application referred to in paragraph (b) and where the order has been extended, to inform the Court hearing that charge of the period for which that order was extended.

(5) Where a special care order or an interim special care order has been made in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F108[Child and Family Agency] shall

(a) convey the child to the Court hearing that charge,

(b) provide the child with access to the solicitor and counsel representing the child in the proceedings relating to that charge, and

(c) convey the child to any other place, or provide the child with access to any other person for the purposes of the representation of that child in, or any other matter relating to the hearing, or conduct, of those proceedings in respect of that charge.

(6) Where a child referred to in paragraph (a) or (b) of subsection (2) is remanded in custody, whether pursuant to section 88 (as amended by the Criminal Justice Act 2006) of the Act of 2001 or otherwise, before the proceedings in respect of that charge are heard and determined, nothing in this Act shall be construed as operating to prevent the remand of that child in custody and

(a) the F108[Child and Family Agency] shall not make an application for a special care order or an interim special care order or an application under section 23J or 23N in respect of that child and where such application was made but not determined before the child was remanded in custody, the F108[Child and Family Agency] shall withdraw the application, or

(b) where a special care order or an interim special care order has been made and has effect before the child is remanded in custody, nothing in this Act shall be construed as requiring the F108[Child and Family Agency] to continue to provide special care to that child and the F108[Child and Family Agency] shall apply to the High Court to have such special care order or interim special care order discharged.

(7) In this section, "Court hearing that charge" includes the Children Court referred to in section 71 (as amended by the Criminal Justice Act 2006) of the Act of 2001.]

Annotations

Amendments:

F107

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F108

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E71

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 24, S.I. No. 887 of 2004; substituted as per F-note above.

E72

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date (23.07.2011) by Child Care (Amendment) Act 2007 (26/2007), s. 15, S.I. No. 509 of 2007; section substituted as per F-note above.

Section 23E

F109[Custodial sentence, deferred children detention order, Children Act order and provision of special care.

23E

23E.(1) Subject to subsections (7), (9) and (10), nothing in this Act shall be construed as preventing the F110[Child and Family Agency] from providing special care, in accordance with a special care order or an interim special care order, to a child who has been found guilty, or convicted, of a criminal offence and where, following such conviction

(a) a custodial sentence was imposed on the child and that sentence has been served,

(b) a suspended custodial sentence has been imposed on that child,

(c) the making of a children detention order has been deferred, in respect of that child, in accordance with section 144 of the Act of 2001,

(d) any detention imposed in accordance with section 144(9)(a) of the Act of 2001 on the child has been served,

(e) a period of detention, imposed in respect of the child in accordance with section 144(9)(b) of the Act of 2001, has been suspended, or

(f) a Children Act order has been made in respect of that child,

and without prejudice to the generality of the foregoing nothing in this Act shall be construed as preventing the F110[Child and Family Agency] from applying for a special care order or an interim special care order and, where the order is made in respect of such child, from applying for an extension under section 23J or 23N in respect of such child, or as preventing the High Court from hearing and determining such application.

(2) Without prejudice to subsection (1), where a child is the subject of a special care order or an interim special care order and during the period for which the order has effect a suspended custodial sentence is imposed on that child, the making of a children detention order has been deferred in respect of that child under section 144 of the Act of 2001, a period of detention has, under section 144(9)(b) of the Act of 2001, been suspended in respect of that child or a Children Act order is made in respect of that child, subject to subsections (7), (9) and (10), nothing in this Act shall be construed as

(a) requiring the special care order or interim special care order to be discharged,

(b) preventing the F110[Child and Family Agency] from making an application to extend the period for which

(i) under section 23J, such special care order has effect, or

(ii) under section 23N, such interim special care order, has effect,

or

(c) preventing the High Court from hearing and determining an application referred to in paragraph (b),

and the F110[Child and Family Agency] shall, as soon as practicable, inform the Court which imposed the suspended custodial sentence, deferred making the children detention order, suspended the period of detention or made the Children Act order that the child is the subject of a special care order or an interim special care order and the period for which such order has effect.

(3) Where the F110[Child and Family Agency] makes an application

(a) for a special care order or an interim special care order, or

(b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made a suspended custodial sentence has been imposed in respect of the child who is the subject of that application, the F110[Child and Family Agency] shall

(i) inform the High Court of

(I) such suspended custodial sentence and any terms, conditions and other requirements of such sentence, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of such suspended custodial sentence and subsection (6),

and

(ii) inform the Court which imposed the suspended custodial sentence

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and of the period for which the order has effect, or

(II) of the application referred to in paragraph (b), and where the order has been extended, to inform that Court of the period for which the order was extended.

(4) Where the F110[Child and Family Agency] makes an application

(a) for a special care order or an interim special care order, or

(b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made the making of a children detention order has, in accordance with section 144 of the Act of 2001, been deferred in respect of the child who is the subject of that application, or a period of detention has, in respect of that child, been suspended under section 144(9)(b) of that Act, the F110[Child and Family Agency] shall

(i) inform the High Court

(I) that the making of a children detention order has been deferred under and in accordance with section 144 of the Act of 2001, that a period of detention has not been imposed at the time of the making of the application, and of any terms, conditions and other requirements of such children detention order or, in respect of such suspended period of detention, and

(II) of any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of such children detention order, or such suspension, and subsection (6),

and

(ii) inform the Court which deferred making such children detention order or suspended the period of detention

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

(II) of the application referred to in paragraph (b), and, where the order has been extended, to inform that Court of the period for which the order was extended.

(5) Where the F110[Child and Family Agency] makes an application

(a) for a special care order or an interim special care order, or

(b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made a Children Act order has been made in respect of the child who is the subject of that application, the F110[Child and Family Agency] shall

(i) inform the High Court of

(I) the Children Act order concerned and the terms, conditions and other requirements of that order, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of the Children Act order concerned and subsection (6),

and

(ii) inform the Court which made the Children Act order

(I) of the application referred to in paragraph (a) and, where the special care order or the interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

(II) of the application referred to in paragraph (b), and, where the order has been extended, to inform that Court of the period for which the order was extended.

(6) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect

(a) a suspended custodial sentence has been imposed in respect of that child,

(b) the making of a children detention order has, in respect of the child, been deferred under section 144 of the Act of 2001,

(c) a period of detention has been suspended in accordance with section 144(9)(b) of the Act of 2001, or

(d) a Children Act order is made in respect of the child,

the F110[Child and Family Agency] shall take all steps reasonably open to it to assist that child to comply with the terms, conditions and other requirements of the suspended custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c) or the Children Act order referred to in paragraph (d), and, without prejudice to the generality of the foregoing, shall

(i) convey that child to any place which that child is required to attend pursuant to the custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c), or the Children Act order referred to in paragraph (d), and

(ii) provide that child with access to any person for the purposes of complying with the terms, conditions or other requirements of the custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c), or the Children Act order referred to in paragraph (d).

(7) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N, has been made in respect of a child and before that application has been determined

(a) a custodial sentence is imposed on that child and is to take effect immediately,

(b) under section 144(9)(a) of the Act of 2001, a period of detention is imposed in respect of that child and such period of detention is to take effect immediately,

(c) a period of detention which had been suspended in accordance with section 144(9)(b) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately, or

(d) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

the F110[Child and Family Agency] shall withdraw that application.

(8) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N, has been made in respect of a child and before that application has been determined

(a) a suspended custodial sentence is imposed on that child,

(b) the making of a children detention order has been deferred, in respect of that child, under section 144 of the Act of 2001 or a period of detention has been suspended, in respect of that child, under section 144(9)(b) of that Act, or

(c) a Children Act order has been made in respect of that child,

the F110[Child and Family Agency] shall inform the High Court as soon as practicable of the suspended custodial sentence referred to in paragraph (a), the children detention order or suspension referred to in paragraph (b) or the Children Act order referred to in paragraph (c) and of any matter requiring the release of the child from the special care unit under section 23NG for the purposes of complying with such suspended custodial sentence, children detention order, suspension or Children Act order.

(9) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect

(a) a custodial sentence is imposed on that child and is to take effect immediately it is imposed, or

(b) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or interim special care order shall operate so as to prevent the child from serving that custodial sentence and without prejudice to the generality of the foregoing the F110[Child and Family Agency] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(10) Where a child is the subject of a special care order or an interim special care order and the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child, or a period of detention has been suspended in accordance with section 144(9)(b) of that Act, and during the period for which such special care order or interim special care order has effect

(a) a period of detention is imposed under section 144(9)(a) of the Act of 2001, in respect of that child and such period of detention is to take effect immediately, or

(b) a period of detention which had been suspended in accordance with section 144(9)(b) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or such interim special care order shall operate so as to prevent the child from being so detained and without prejudice to the generality of the foregoing the F110[Child and Family Agency] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(11) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a suspended custodial sentence is imposed on that child

(a) the F110[Child and Family Agency] shall inform the High Court of such suspended custodial sentence, any terms and conditions of such suspended custodial sentence and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such suspended custodial sentence, and

(b) subject to subsection (9), the F110[Child and Family Agency] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(12) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child or a period of detention has been suspended in accordance with section 144(9)(b) of that Act

(a) the F110[Child and Family Agency] shall inform the High Court of such deferral or such suspension and of any terms and conditions of such deferral or suspension and of any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of complying with such deferral or suspension, and

(b) subject to subsection (10)(a) or (10)(b), the F110[Child and Family Agency] shall, in accordance with such special care order or such interim special care order and this Act, continue to provide special care to the child.

(13) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a Children Act order is made in respect of that child

(a) theF110[Child and Family Agency] shall inform the High Court of such Children Act order, any terms and conditions of such Children Act order and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such Children Act order, and

(b) the F110[Child and Family Agency] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(14) In this section references to a custodial sentence being served means, in the case of a custodial sentence which is a detention and supervision order, that the period for which that order was made has expired.]

Annotations

Amendments:

F109

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F110

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E73

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (1) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 25, S.I. No. 887 of 2004; substituted as per F-note above.

E74

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23F

F111[ Determination by F112[Child and Family Agency] that child requires special care.

23F

23F.(1) The F112[Child and Family Agency] shall not apply for a special care order in respect of a child unless it is satisfied that the child has attained the age of 11 years and it has made a determination, in accordance with this section, that the child requires special care.

(2) Where

(a) the F112[Child and Family Agency] is satisfied that there is reasonable cause to believe that the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

(b) having regard to that behaviour and risk of harm, the F112[Child and Family Agency] has assessed the care requirements of the child, and is satisfied that there is reasonable cause to believe that

(i) the provision, or the continuation of the provision, by the F112[Child and Family Agency] to the child of care, other than special care, and

(ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements, and

(c) having regard to paragraph (b), the F112[Child and Family Agency] is satisfied that there is reasonable cause to believe that the child requires special care to adequately address

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which it cannot provide to the child unless the High Court makes a special care order in respect of that child,

the F112[Child and Family Agency] shall make arrangements to carry out the consultation referred to in subsection (3).

(3) The F112[Child and Family Agency]

(a) shall, subject to subsection (4), consult with

(i) the child,

(ii) the parent having custody of the child, unless the parent is dead, missing or cannot be found, and

(iii) a guardian, if any, or a person, if any, acting in loco parentis, unless that guardian or person is missing or cannot be found,

and

(b) may, having regard to all the circumstances of the child, consult with

(i) a relative of the child, or

(ii) a person who, in the opinion of the F112[Child and Family Agency], has knowledge of that child and his or her family or other circumstances,

in relation to the behaviour and risk of harm referred to in subsection (2)(a), the care requirements referred to in subsection (2)(b), the proposal to provide special care to the child and the detention of the child in a special care unit for that purpose.

(4) Where the F112[Child and Family Agency], having regard to the protection of the life, health, safety, development or welfare of the child, is satisfied that there is reasonable cause to believe it is not in the best interests of the child to consult with all or any of the following persons, it shall not consult with that person:

(a) the child;

(b) a parent having custody of the child;

(c) the guardian;

(d) a person acting in loco parentis.

(5) The F112[Child and Family Agency] shall, subject to subsection (6), convene a family welfare conference in accordance with section 7 (as amended by the Child Care (Amendment) Act 2011) of the Act of 2001 if it is satisfied that there is reasonable cause to believe that the child requires special care, after having carried out the consultations in accordance with subsection (3) or not carried them out in accordance with subsection (4).

(6) Notwithstanding subsection (5), where the F112[Child and Family Agency] is satisfied that, having regard to the protection of the life, health, safety, development or welfare of the child, there is reasonable cause to believe that it is not in the best interests of the child to convene the family welfare conference referred to in subsection (5), it may decide not to convene that conference.

(7) Where a family welfare conference

(a) has been convened in accordance with subsection (5) and the F112[Child and Family Agency] has had regard to the recommendations, if any, notified under section 12 of the Act of 2001, or

(b) has not been convened in accordance with subsection (6),

and the F112[Child and Family Agency] is satisfied that there is reasonable cause to believe that the child requires special care it shall make a determination as to whether the child requires special care.

(8) Where the F112[Child and Family Agency] determines that there is reasonable cause to believe that for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care the F112[Child and Family Agency] shall apply to the High Court for a special care order.

(9) Where the F112[Child and Family Agency] applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the High Court that the consultation was not carried out and of the grounds for not carrying out that consultation.

(10) Where the F112[Child and Family Agency] applies for a special care order and it did not convene a family welfare conference in accordance with subsection (6), it shall inform the High Court that it did not convene that conference and of the grounds for not convening that conference.

(11) The F112[Child and Family Agency] shall prepare and publish guidelines relating to the procedures for

(a) carrying out a consultation for the purposes of this section, and

(b) convening a family welfare conference for the purposes of this section.]

F113[(12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination was not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference.]

Annotations

Amendments:

F111

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 537 of 2017, subject to transitional provisions in s. 48.

F112

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F113

Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017.

Editorial Notes:

E75

Previous affecting provision: subs. (12) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 11, S.I. No. 502 of 2013. The amendment provided for subs. (12) to be substituted; however no subs. (12) existed and it was therefore inserted; substituted as per F-note above.

Section 23G

F114[Notice of application for special care order or interim special care order.

23G

23G.(1) An application for a special care order or an interim special care order shall, subject to subsection (6) and section 23L(3), be made on notice to

(a) a parent having custody of the child, unless the parent is dead, missing or cannot be found,

(b) a guardian of the child, if any, or a person, if any, acting in loco parentis unless that guardian or that person is dead, missing or cannot be found, and

(c) a guardian ad litem, where such guardian is appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of proceedings under this Part and whose appointment has effect in accordance with section 26(4).

(2) Where having regard to all the circumstances of a child the F115[Child and Family Agency] considers it appropriate for that child, it may inform any of the following persons of an application for a special care order or an interim special care order:

(a) a relative of the child;

(b) a person who, in the opinion of the F115[Child and Family Agency], has knowledge of that child and his or her family or other circumstances.

(3) The F115[Child and Family Agency] shall inform the Garda Síochána of an application for a special care order or an interim special care order including an application for an interim special care order referred to in section 23L(3).

(4) The F115[Child and Family Agency] shall, for the purposes of subsection (1), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1).

(5) The High Court, having regard to all the circumstances of the child, may direct that, in addition to the persons referred to in subsections (1) and (2), another person, who has knowledge of that child and his or her family or other circumstances, be informed of an application for a special care order or an interim special care order.

(6) Notwithstanding paragraphs (a) and (b) of subsection (1), the High Court, on the application of the F115[Child and Family Agency], may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that an application referred to in subsection (1) shall be made otherwise than on notice to a named person being a person to whom, pursuant to paragraphs (a) and (b) of subsection (1), such application is to be made on notice and the High Court may make such other provision and give other directions in respect of such notice, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.]

Annotations

Amendments:

F114

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F115

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F116

Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(a), not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: subs. (1)(c) substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(a), not commenced as of date of revision.

(c) a guardian ad litem, where such guardian is appointed in accordance with F116[Part VA in respect of proceedings under this Part].

Editorial Notes:

E76

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23H

F117[Special care order.

23H

23H.(1) Where the High Court is satisfied that

(a) the child has attained the age of 11 years,

(b) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

(c) having regard to that behaviour and risk of harm and the care requirements of the child

(i) the provision, or the continuation of the provision, by the F118[Child and Family Agency] to that child of care, other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements,

(d) having regard to paragraph (c), the child requires special care to adequately address

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F118[Child and Family Agency] cannot provide to the child unless a special care order is made in respect of that child,

(e) the F118[Child and Family Agency] has carried out the consultation referred to in section 23F(3) or, where the F118[Child and Family Agency] has not carried out that consultation, the High Court is satisfied that it is in the best interests of the child not to have carried out that consultation having regard to the grounds provided in accordance with section 23F(9),

(f) in respect of the family welfare conference referred to in section 23F(5)

(i) the F118[Child and Family Agency] has convened the family welfare conference and the F118[Child and Family Agency] has had regard to the recommendations notified in accordance with section 12 of the Act of 2001, or

(ii) it is in the best interests of the child that the family welfare conference was not convened having regard to the information and grounds provided in accordance with section 23F(10),

(g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and

(h) having regard to paragraphs (a) to (g), the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,

the High Court may make a special care order in respect of that child.

(2) A special care order shall specify the period for which it has effect and that period shall not exceed 3 months from the day on which that order is made unless that period is extended under section 23J and shall

(a) commit the child in respect of whom it is made to the care of the F118[Child and Family Agency],

(b) direct the F118[Child and Family Agency] to detain that child in a special care unit, which the F118[Child and Family Agency] considers appropriate for that child, for the purpose of providing that child with special care, and

(c) direct the F118[Child and Family Agency] to provide special care to the child and to generally care for and maintain the child,

and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(3) For the purposes of executing a special care order the High Court may

(a) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F118[Child and Family Agency],

(b) make an order directing the Garda Síochána to search for and find the child and to deliver the child to the custody of the F118[Child and Family Agency], at a special care unit specified by the F118[Child and Family Agency], and

(c) issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter, if need be by force, any house or other place specified in the warrant, including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the F118[Child and Family Agency] at the special care unit in which the child is to be detained,

and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child.

(4) Where the High Court makes a special care order the F118[Child and Family Agency] shall inform the Garda Síochána immediately that the special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and an order, if any, made under section 23NA(1).

(5) A person shall be deemed to have been given, or shown, a copy of a special care order or an order made, or warrant issued, under subsection (3) if that person was present at the sitting of the High Court at which that special care order or that order was made or that warrant was issued.]

Annotations

Amendments:

F117

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017)by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F118

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E77

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23I

F119[Review of special care order.

23I

23I.(1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J, specify the date or dates for such review.

(2) A review under this section shall, subject to a direction under section 23NA(2)(a), if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(3) The F120[Child and Family Agency]

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of a review under this section.

(4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4).

(5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(6) Where a day is specified for a review under this section and on that day the child concerned is

(a) pursuant to section 23NF, outside the State for the purpose referred to in section 23NF(2)(c), or

(b) pursuant to section 23NG, released from the special care unit for a purpose referred to in section 23NG(1),

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose.]

Annotations

Amendments:

F119

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F120

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C15

Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F119[Review of special care order.

23I. (1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J, specify the date or dates for such review.

(2) A review under this section shall, subject to a direction under section 23NA(2)(a), if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(3) The F120[Child and Family Agency]

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of a review under this section.

(4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4).

(5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(6) Where a day is specified for a review under this section and on that day the child concerned is

(a) pursuant to section 23NF, outside the State for the purpose referred to in section 23NF(2)(c), or

(b) pursuant to section 23NG, released from the special care unit for a purpose referred to in section 23NG(1),

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose.]

Editorial Notes:

E78

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23J

F121[Extension of period for which special care order has effect.

23J

23J.(1) Where a special care order has been made in respect of a child and the F122[Child and Family Agency] is satisfied that there is reasonable cause to believe that

(a) the child is benefiting from the special care provided to him or her pursuant to the order,

(b) notwithstanding paragraph (a) and having regard to the assessments made by the F122[Child and Family Agency] under section 23ND(4), the risk of harm to the child posed by his or her behaviour continues to exist,

(c) the child requires the continuation of the provision to him or her of special care to adequately address that behaviour and risk of harm and his or her care requirements which the F122[Child and Family Agency] cannot continue to provide to the child unless the period for which that special care order has effect is extended,

(d) the provision of

(i) care by the F122[Child and Family Agency] to the child, other than special care, and

(ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour or risk of harm or the care requirements of the child, and

(e) the continuation of the provision of the special care and, for that purpose, the continuation of the detention of the child in a special care unit, is required to protect his or her life, health, safety, development or welfare,

the F122[Child and Family Agency] shall, subject to subsection (2), apply to the High Court to extend the period for which the special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than 2 applications may be made under this section.

(3) An application under this section shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) The F122[Child and Family Agency]

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of an application under this section.

(5) The first application under this section shall be made before the expiration of the period specified in the special care order in accordance with section 23H(2).

(6) The final application under this section shall be made before the expiration of the period for which the special care order was extended pursuant to the first application.

(7) Where the High Court is satisfied that

(a) the conditions specified in paragraphs (a) to (e) of subsection (1) are satisfied in respect of the child, and

(b) the continuation of the detention of the child in a special care unit is in the best interests of the child,

the High Court may, subject to subsection (8), extend the period for which the special care order has effect and the High Court may, having regard to all the circumstances of the child, vary the special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(8) Each extension of the period for which a special care order has effect shall not exceed 3 months.

(9) Where the High Court extends the period for which a special care order has effect (in this section referred to as the "extended period") the extended period shall take effect

(a) pursuant to the first application, immediately following the expiration of the period specified in the special care order in accordance with section 23H(2), and

(b) pursuant to the final application, immediately following the expiration of the previous extended period.

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F122[Child and Family Agency], extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF, is outside the State for the purpose referred to in section 23NF(2)(c).]

Annotations

Amendments:

F121

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F122

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E79

Previous affecting provision: section amended (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 3, S.I. No. 296 of 2017; section substituted as per F-note above.

E80

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23K

F123[Special care before determination under section 23F.

23K

23K.Where the F124[Child and Family Agency] is taking all steps reasonably open to it to make a determination under section 23F in respect of a child and has not yet made that determination but it is satisfied that there is reasonable cause to believe that

(a) the child has attained the age of 11 years,

(b) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare of that child,

(c) the risk of harm referred to in paragraph (b) is immediate,

(d) having regard to that behaviour and risk of harm and having assessed the care requirements of that child

(i) the provision, or the continuation of the provision, by the F124[Child and Family Agency] to the child of care other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements,

(e) having regard to paragraph (d), the child requires special care to adequately address

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which it cannot provide to the child unless the High Court makes an interim special care order in respect of that child,

(f) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and

(g) having regard to paragraph (c), the child requires special care immediately and before it has made a determination under section 23F,

the F124[Child and Family Agency] shall, as soon as possible, apply to the High Court for an interim special care order.]

Annotations

Amendments:

F123

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F124

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F125

Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a), not commenced as of date of revision.

F126

Deleted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(b), not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: subss. (2)(a) and (7)(f) amended by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a) and (b), not commenced as of date of revision.

(2) The Minister shall not approve of the provision of a special care unit unless—

(a) having caused the unit to be inspected F125[by the Office of the Chief Inspector of Social Services], and

...

(7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to— ...

(f) the periodical inspection of those units F126[].

...

Editorial Notes:

E81

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 28, S.I. No. 887 of 2004.

E82

Previous affecting provision: power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004); revoked (1.01.2018) by Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017 (S.I. No. 634 of 2017), reg. 3, in effect as per reg. 2.

E83

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23L

F127[Interim special care order.

23L

23L.(1) Where the High Court is satisfied that there is reasonable cause to believe that

(a) the child has attained the age of 11 years,

(b) the F128[Child and Family Agency] is taking all steps reasonably open to it to make a determination under section 23F,

(c) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

(d) the risk of harm, referred to in paragraph (c), is immediate,

(e) having regard to that behaviour and risk of harm and the care requirements of the child

(i) the provision, or the continuation of the provision, by the F128[Child and Family Agency] to that child of care, other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements,

(f) having regard to paragraph (e), the child requires special care to adequately address

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F128[Child and Family Agency] cannot provide to the child unless an interim special care order is made in respect of that child,

(g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care,

(h) having regard to paragraph (d), the child requires special care immediately and it is required to be provided before the determination under section 23F is made in respect of that child, and

(i) having regard to paragraphs (a) to (h), the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,

the High Court may make an interim special care order in respect of that child.

(2) An interim special care order shall specify the period for which it has effect and that period shall not exceed, subject to subsection (3), 14 days from the day on which that order is made unless that period is extended under section 23N and shall

(a) commit the child in respect of whom it is made to the care of the F128[Child and Family Agency],

(b) direct the F128[Child and Family Agency] to detain that child in a special care unit, which the F128[Child and Family Agency] considers appropriate for that child, for the purpose of providing that child with special care, and

(c) direct the F128[Child and Family Agency] to provide special care to, and to generally care for and maintain, that child,

and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(3) An application for an interim special care order may be made ex parte where the High Court is satisfied that the interests of justice, the welfare of the child or the protection of the life, health, safety, development or welfare of the child so require, and, subject to section 23M(6), where an interim special care order is made pursuant to an ex parte application the period for which such interim special care order has effect shall not exceed 8 days from the day on which it is made.

(4) For the purposes of executing an interim special care order the High Court may

(a) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F128[Child and Family Agency],

(b) make an order directing the Garda Síochána to search for and find the child and to deliver the child to the custody of the F128[Child and Family Agency], at a special care unit specified by the F128[Child and Family Agency], and

(c) issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter, if need be by force, any house or other place specified in the warrant, including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the F128[Child and Family Agency] at the special care unit in which the child is to be detained,

and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child.

(5) Where the High Court makes an interim special care order, the F128[Child and Family Agency] shall inform the Garda Síochána immediately that the interim special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and section 23NA(1).

(6) A person shall be deemed to have been given, or shown, a copy of an interim special care order or an order made, or warrant issued, under subsection (4) if that person was present at the sitting of the High Court at which that interim special care order or that order was made or that warrant was issued.

(7) If the F128[Child and Family Agency] does not know the name of a child in respect of whom the application for an interim special care order is made, the F128[Child and Family Agency] may make the application for the interim special care order without naming the child and the application shall contain such information in respect of the child to enable him or her to be identified for the purposes of the interim special care order.]

Annotations

Amendments:

F127

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F128

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E84

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23M

F129[Interim special care orders made ex parte: supplemental provisions.

23M

23M.(1) Where, in accordance with section 23L(3), the High Court makes an interim special care order pursuant to an ex parte application

(a) the High Court shall appoint a day for which the hearing of an application for an interim special care order on notice to the persons referred to in section 23G(1) is returnable to the High Court, and, subject to subsection (7), the day appointed for such hearing shall not exceed 8 days from the day on which that interim special care order is made pursuant to the ex parte application,

(b) the High Court shall, subject to a direction under subsection (2), direct that a copy of the interim special care order made pursuant to the ex parte application and, subject to subsection (3), notice of the hearing referred to in paragraph (a), be served on a person referred to in, and in accordance with, paragraphs (a) and (b) of section 23G(1),

(c) the High Court, where it makes an appointment under section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings, shall direct that a copy of the interim special care order made pursuant to the ex parte application and notice of the hearing referred to in paragraph (a) be served on a person appointed under that section, and

(d) the High Court may direct that a person referred to in section 23G(2) and section 23G(5), be informed of the making of that interim special care order and of the hearing referred to in paragraph (a),

and the High Court may direct that other information and documents be served on such persons and it may make such other provision and give directions, as it, having regard to all the circumstances, considers necessary and in the best interests of the child.

(2) The High Court, on the application of the F130[Child and Family Agency], may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that a copy of the interim special care order referred to in subsection (1)(b) not be served on a person referred to in subsection (1)(b).

(3) The High Court may, in respect of the hearing referred to in subsection (1)(a), make a direction under section 23G(6).

(4) The F130[Child and Family Agency]

(a) may inform a person referred to in section 23G(2) of the hearing referred to in subsection (1)(a), and

(b) shall, for the purposes of the hearing referred to in subsection (1)(a) and subject to a direction under subsection (2), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of section 23G(1).

(5) Where the High Court makes an interim special care order at the hearing referred to in subsection (1)(a), it shall, when specifying, in accordance with section 23L(2), the period for which that order is to have effect, take into account the period for which the interim special care order made pursuant to the ex parte application has had effect and the cumulative period of the first-mentioned interim special care order and the interim special care order made pursuant to the ex parte application shall not, in accordance with section 23L(2), exceed 14 days.

(6) Where, at the hearing referred to in subsection (1)(a), the High Court

(a) makes an interim special care order, the interim special care order made pursuant to the ex parte application shall cease to have effect immediately following the making of the first-mentioned interim special care order, or

(b) refuses to make an interim special care order it shall discharge the interim special care order made pursuant to the ex parte application.

(7) Where the High Court makes an interim special care order pursuant to an ex parte application for a period which is less than 8 days, the day appointed for the hearing referred to in subsection (1)(a) shall not exceed the period for which such order is made.

(8) Without prejudice to the generality of the foregoing, the High Court may give directions as it considers necessary and in the best interests of the child in respect of an application made ex parte for an interim special care order and in respect of the hearing referred to in subsection (1)(a) including directions relating to the service of a copy of the interim special care order made ex parte or pursuant to the hearing referred to in subsection (1)(a).]

Annotations

Amendments:

F129

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F130

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F131

Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(b)(i), (ii), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (1)(c) amended by Child Care (Amendment) Act 2022 (21/2022), s. 8(b), not commenced as of date of revision.

(c) the High Court, where F131[a person is appointed under section 35C(1) pursuant to an order under section 35B(2)] in respect of the proceedings, shall direct that a copy of the interim special care order made pursuant to the ex parte application and notice of the hearing referred to in paragraph (a) be served on F131[the person so appointed], and

Editorial Notes:

E85

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23N

F132[Extension of period for which interim special care order has effect.

23N

23N.(1) Where an interim special care order has been made in respect of a child and the F133[Child and Family Agency] has not yet made a determination under section 23F in respect of that child but it is satisfied that there is reasonable cause to believe that the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, the F133[Child and Family Agency] shall, subject to subsections (2) and (8), apply to the High Court to extend the period for which the interim special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than one application may be made under this section.

(3) An application under this section shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) The F133[Child and Family Agency]

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction was made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of an application under this section.

(5) An application under this section shall be made before the expiration of the period specified in the interim special care order in accordance with section 23L(2).

(6) Where the High Court is satisfied that there is reasonable cause to believe that

(a) the F133[Child and Family Agency] is taking all steps reasonably open to it to make a determination in respect of the child under section 23F,

(b) the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, and

(c) the continuation of the detention of the child in a special care unit is in the best interests of the child,

the High Court may, subject to subsections (7) and (8), extend the period for which the interim special care order has effect, and the High Court may, having regard to all the circumstances of the child, vary the interim special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(7) The extension of the period for which the interim special care order has effect shall not exceed 21 days.

(8) An application to extend the period for which an interim special care order has effect shall not be made in respect of an interim special care order, referred to in section 23L(3), which has been made pursuant to an ex parte application and in respect of which the hearing referred to in section 23M(1)(a) has not taken place.

(9) Where the High Court extends the period for which an interim special care order has effect (in this section referred to as the "extended period") the extended period shall take effect immediately following the expiration of the period specified in the interim special care order in accordance with section 23L(2).

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F133[Child and Family Agency], extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF, is outside the State for the purpose referred to in section 23NF(2)(c).]

Annotations

Amendments:

F132

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F133

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E86

Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

Section 23NA

F134[Sections 23H and 23L: supplemental provisions.

23NA

23NA.(1) Where the High Court has made a special care order or an interim special care order in respect of a child, it may, on the application of the F135[Child and Family Agency], make an order, for the duration of the period for which that special care order or interim special care order has effect, directing the Garda Síochána, when requested by the F135[Child and Family Agency], to search for and find the child and to deliver the child to the custody of the F135[Child and Family Agency] at a special care unit specified by the F135[Child and Family Agency] where the child

(a) is, without lawful authority or the consent or knowledge of the F135[Child and Family Agency], removed from the custody of the F135[Child and Family Agency] or from a special care unit,

(b) absconds from a special care unit or the custody of the F135[Child and Family Agency],

(c) fails to return, or is prevented from returning to

(i) a special care unit, or

(ii) the custody of the F135[Child and Family Agency],

or

(d) is missing or is otherwise absent, without the consent or knowledge of the F135[Child and Family Agency], from a special care unit or place to which he or she has been released under section 23NF or 23NG.

(2) Where the High Court makes a special care order or an interim special care order, the High Court, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, on its own motion or on the application of a parent, a guardian of the child, a person in loco parentis or the F135[Child and Family Agency]

(a) may, for the purpose of protecting the life, health, safety, development or welfare of the child

(i) give directions in relation to the withholding of the address of the special care unit from a named person,

(ii) give directions in relation to the access, if any, to the child by a named person and the conditions under which that access is to be permitted, and

(iii) direct that, notwithstanding sections 23I(2), 23J(3), 23N(3), 23NE(6), 23NE(7), 23NE(8), 23NF(4) and 23NG(3), a review under section 23I and an application under sections 23J, 23N, 23NE, 23NF and 23NG, or any of them, shall be made otherwise than on notice to a named person, being a person to whom notice of such review or application is made pursuant to those sections,

and

(b) may, where it has made a direction under section 23G(5), for the purpose of protecting the life, health, safety, development or welfare of the child, direct that the person referred to in that subsection be informed of a review under section 23I and an application under sections 23J, 23N, 23NE, 23NF and 23NG, or any of them.

(3) Where the High Court makes a special care order or an interim special care order and before that order was made the F135[Child and Family Agency] was unable to locate

(a) a parent having custody of the child concerned,

(b) a guardian of the child, if any, or

(c) a person in loco parentis,

the F135[Child and Family Agency] shall take all steps reasonably open to it to find that parent, guardian or person and, subject to a direction under subsection (2)(a) and section 23M(2), or any other order or direction of the High Court, inform him or her

(i) that a special care order or an interim special care order has been made in respect of the child and the terms and conditions of that order,

(ii) of the name and location of the special care unit in which the child is detained, and

(iii) of an order made, or warrant issued, if any, under section 23H or 23L, an order, if any, made under subsection (1), and a direction, if any, made under subsection (2).

(4) Where the High Court makes a direction referred to in section 23G(6) and, following that direction, makes a special care order or an interim special care order in respect of the child, subject to that direction, or other order or direction of the High Court including a direction referred to in subsection (2)(a), the F135[Child and Family Agency] shall take all steps reasonably open to it to inform that parent or person

(a) that the special care order or interim special care order has been made in respect of the child and the terms and conditions of that order,

(b) of the name and location of the special care unit in which the child is detained, and

(c) of an order made, or warrant issued, if any, made under section 23H, or 23L, an order, if any, made under subsection (1), and a direction, if any, made under subsection (2).

(5) Where the High Court makes a special care order or an interim special care order, the F135[Child and Family Agency], may apply to the High Court for an order to require a parent, or both parents, to pay to the F135[Child and Family Agency] a sum of money as a contribution towards the cost of maintaining the child, in each week or other period and the application shall be on notice to the parent concerned or both of them.

(6) Where

(a) an application under subsection (5) is made, the High Court shall have regard to the means of a parent, or both parents, and where it makes the order it may give directions and make such other provision as it considers necessary, and

(b) the High Court makes the order referred to in subsection (5), a parent, or both parents, may apply to the High Court to vary or discharge the order to pay the sum of money referred to in subsection (5).

(7) Where the High Court makes an interim special care order, the F135[Child and Family Agency] shall, as soon as possible, take all steps reasonably open to it to make a determination, in respect of the child concerned, under, and in accordance with, section 23F.

(8) A person shall be deemed to have been given, or shown, a copy of an order referred to in subsection (1) if that person was present at the sitting of the High Court at which that order was made.

(9) The duration of the period for which the order made under subsection (1) has effect, may be extended with an application under section 23J or 23N.]

Annotations

Amendments:

F134

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F135

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. no. 502 of 2013.

Section 23NB

F136[Failure to find child.

23NB

23NB.(1) Where a child, in respect of whom a special care order or an interim special care order has been made, has not been found within 3 days of the making of that order the F137[Child and Family Agency] shall, on notice to the persons referred to in subsection (3), notify the High Court as soon as practicable after those 3 days have expired, that the child has not been found and of all steps taken, and proposed to be taken, by the F137[Child and Family Agency] and the Garda Síochána to find the child.

(2) The High Court may, following the notification under subsection (1), give directions and make such other provision in relation to that order and the execution of that order as it considers necessary and in the best interests of the child.

(3) A notification under subsection (1) shall, subject to a direction referred to in section 23G(6) or 23M(2), and section 23NA(2)(a), be made on notice to a person referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) Where a direction was made under section 23NA(2)(b), the F137[Child and Family Agency] shall inform the person in respect of whom that direction was made, of the notification under this section.

(5) Where the F137[Child and Family Agency] considers it appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of the notification under this section.]

Annotations

Amendments:

F136

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F137

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NC

F138[Appeal and staying of order.

23NC

23NC.Where

(a) a special care order or an interim special care order, or

(b) an extension under section 23J or 23N,

is appealed, the High Court, may direct that the special care order, interim special care order or extension is to be stayed pending the hearing and determination of the appeal.]

Annotations

Amendments:

F138

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

Section 23ND

F139[Functions of F140[Child and Family Agency] when providing special care.

23ND

23ND.(1) Where a special care order or an interim special care order has effect the F140[Child and Family Agency]

(a) shall have the like control over the child as if it were a parent of that child,

(b) shall do what is reasonable, subject to this Part, to promote his or her health, development or welfare and protect his or her life, health, safety, development or welfare, having regard to all the circumstances of the child,

(c) shall have the authority to decide on the special care to be provided to the child having regard to his or her care requirements and the special care unit in which a child is to be detained,

(d) shall have the authority to give consent to any medical or psychiatric examination, treatment or assessment in respect of the child,

(e) shall have the authority to give consent to the application for, and issuing of, a passport to the child, or the provision of passport facilities to the child, for the purpose of

(i) obtaining medical or psychiatric assessment, examination and treatment outside the State,

(ii) permitting the child to reside, outside the State, with a parent or relative, or

(iii) obtaining such assessment, examination and treatment referred to in subparagraph (i) and permitting such residence referred to in subparagraph (ii),

in accordance with section 23NF, and

(f) shall take all steps that are reasonably open to it to prevent the child from absconding from the special care unit or the custody of the F140[Child and Family Agency].

(2) Where the F140[Child and Family Agency] has given its consent in accordance with this section, such consent shall be sufficient authority for the carrying out of any medical or psychiatric assessment or examination, or the provision to the child of medical or psychiatric treatment, or the issue of a passport or the provision of passport facilities.

(3) Nothing in subsection (1)(d) or (2) shall be construed as making ineffective any consent which would have been effective if those provisions had not been enacted.

(4) Where a child is detained in a special care unit, the F140[Child and Family Agency]

(a) shall, from time to time, continue to assess his or her care requirements, and

(b) having made an assessment referred to in paragraph (a), shall from time to time

(i) assess the effect of the special care provided to the child in relation to his or her care requirements, the behaviour of the child and risk of harm posed by that behaviour, and

(ii) satisfy itself that the child continues to require special care to adequately address that behaviour and risk of harm and those care requirements.

(5) The F140[Child and Family Agency] may release the child from the special care unit for the purpose referred to in section 23NF(2)(c), in accordance with section 23NF.

(6) The F140[Child and Family Agency] may transfer a child from one special care unit to another special care unit.

(7) Where the F140[Child and Family Agency] proposes to transfer a child to another special care unit, subject to a direction under section 23NA(2)(a), the F140[Child and Family Agency] shall

(a) notify, subject to paragraph (b)

(i) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

(ii) a guardian, if any, of the child unless the guardian is missing or cannot be found,

of that proposal, or

(b) where the transfer is required for the immediate safety of the child, notify

(i) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

(ii) a guardian, if any, of the child unless the guardian is missing or cannot be found,

of the location of the special care unit to which the child has been transferred.

(8) The F140[Child and Family Agency] shall, for the purposes of subsection (7), take all steps reasonably open to it to locate a person referred to in paragraph (a) or (b) of subsection (7).]

Annotations

Amendments:

F139

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F140

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NE

F141[Discharge and variation of special care order or interim special care order.

23NE

23NE.(1) Where a special care order or an interim special care order has effect and the F142[Child and Family Agency] is satisfied that there is reasonable cause to believe that

(a) the care requirements of the child have changed and the child no longer requires special care, or

(b) the child is not benefiting from special care,

the F142[Child and Family Agency] shall, subject to subsection (6), apply to the High Court to have the special care order or the interim special care order discharged.

(2) A special care order or an interim special care order shall cease to have effect when the child in respect of whom it was made attains 18 years of age.

(3) The High Court may, subject to subsections (7) and (8), discharge a special care order or an interim special care order

(a) of its own motion,

(b) on the application of a parent of the child, a guardian of the child or a person in loco parentis, or

(c) on the application of the F142[Child and Family Agency] pursuant to section 23D or 23E, or both of them.

(4) The High Court may vary a special care order or an interim special care order

(a) of its own motion,

(b) on the application of the F142[Child and Family Agency], or

(c) on the application of a person referred to in subsection (3)(b).

(5) When considering an application to discharge or vary a special care order or an interim special care order under this section, other than an application referred to in subsection (3)(c), the High Court shall satisfy itself that the discharge or variation is in the best interests of the child, having regard to his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare.

(6) An application referred to in subsection (1), (3)(c) or (4)(b) shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1) and where

(a) a direction has been made under section 23NA(2)(b), the F142[Child and Family Agency] shall inform the person in respect of whom that direction was made of the application, and

(b) the F142[Child and Family Agency] is satisfied it is appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of the application.

(7) An application referred to in subsection (3)(a) or (4)(a) shall, subject to a direction under section 23NA(2)(a), be made on notice to the F142[Child and Family Agency] and the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1), and

(a) where a direction has been made under section 23NA(2)(b), the F142[Child and Family Agency] shall inform the person in respect of whom that direction was made of the application, and

(b) where the F142[Child and Family Agency] is satisfied it is appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2).

(8) An application referred to in subsection (3)(b) or (4)(c) shall be made on notice to the F142[Child and Family Agency], and subject to a direction under section 23NA(2)(a), the persons, other than the person making the application, referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1), and

(a) the person making the application may inform a person referred to in section 23G(2) of the application, and

(b) where a direction has been made under section 23NA(2)(b), the person making the application shall inform the person in respect of whom that direction was made of that application.]

Annotations

Amendments:

F141

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F142

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NF

F143[Release from special care unit under special care order or interim special care order.

23NF

23NF.(1) Notwithstanding the detention of a child in a special care unit pursuant to a special care order or an interim special care order, the F144[Child and Family Agency] may apply to the High Court to vary that special care order or interim special care order to authorise the release of the child from the special care unit for all or any of the purposes referred to in subsection (2).

(2) The purposes referred to in subsection (1) are:

(a) to place the child in a childrens residential centre or to permit the child to reside with a parent or a relative, including a parent or relative who resides outside the State, for a specified period as the F144[Child and Family Agency] considers appropriate having regard to the care requirements of the child;

(b) the provision to the child of medical or psychiatric examination, treatment or assessment;

(c) the provision to the child, outside the State, of medical or psychiatric examination, treatment or assessment;

(d) release on compassionate grounds;

(e) educational and recreational outings from the special care unit;

(f) to promote the welfare of the child, having regard to his or her care requirements and to adequately address his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare.

(3) An application under this section may be made

(a) with an application for a special care order or interim special care order,

(b) at a review under section 23I,

(c) with an application under section 23J or 23N, or

(d) at any other time during the period for which the special care order or interim special care order has effect.

(4) An application referred to in subsection (3)(d) shall be made, subject to a direction under section 23NA(2)(a), on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(5) Where the F144[Child and Family Agency] considers it appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of an application referred to in subsection (3)(d).

(6) Where a direction has been made under section 23NA(2)(b) in respect of an application under this section, the F144[Child and Family Agency] shall inform the person in respect of whom that direction was made of an application referred to in subsection (3)(d).

(7) The High Court may

(a) vary the special care order or interim special care order to authorise the release of the child from the special care unit during the period for which the special care order or interim special care order has effect for all or any of the purposes referred to in subsection (2) where it is satisfied that the release is necessary for the protection of his or her life, health, safety, development or welfare and is in the best interests of the child,

(b) make such other provision and give directions in respect of the release as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child, and

(c) without prejudice to the generality of paragraphs (a) and (b), vary the special care order or interim special care order for a specified period or a number of specified periods and may include terms and conditions as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(8) Without prejudice to the generality of subsection (7), a variation under this section may provide for the care of the child during the release and where the release is for the purpose

(a) referred to in subsection (2)(c), or

(b) referred to in subsection (2)(a) and the parent or relative concerned resides outside the State,

the variation, or direction, may provide

(i) in respect of the purpose referred to in paragraph (a), for the placement of the child in a specified place in which such examination, treatment or assessment is to be provided to the child, or

(ii) in respect of the purpose referred to in paragraph (b), any matter relating to the residence of the child with the parent or relative concerned.

(9) Notwithstanding subsection (1), the F144[Child and Family Agency] may release a child from a special care unit where

(a) the child requires medical treatment, assessment or examination immediately, or

(b) the release is required immediately on compassionate grounds.

(10) After a release referred to in subsection (9) the F144[Child and Family Agency] shall

(a) inform the High Court as soon as practicable, of the release and the reasons for it,

(b) subject to a direction under section 23NA(2)(a), inform a person referred to in section 23G(1)(a) as soon as possible of the release and the reasons for it unless he or she is dead, missing or cannot be found, and

(c) where appropriate to the circumstances of the child and subject to a direction under section 23NA(2)(a), inform a person referred to in section 23G(1)(b) as soon as possible of the release and the reasons for it unless he or she is dead, missing or cannot be found.

(11) Where a child has been released from a special care unit under subsection (9) and the F144[Child and Family Agency] considers it appropriate, having regard to the circumstances of the child, it may, subject to a direction under section 23NA(2)(a), inform any other person, including a person referred to in section 23G(2) of the release and the reasons for it.

(12) Where a child has been released under subsection (9) and a direction has been made under section 23NA(2)(b) in respect of an application under this section, the F144[Child and Family Agency] shall inform the person in respect of whom that direction was made, of the release under this section.

(13) Where a child is released for the purpose referred to in subsection (9)(a) the child may remain in the place in which such treatment, assessment or examination is provided to him or her for such period as is required for such treatment, assessment or examination.

(14) Where a child is released from the special care unit pursuant to this section, including a release referred to in subsection (9), the period of the release concerned shall be included in the period for which the special care order or the interim special care order has effect.

(15) Without prejudice to the generality of subsections (7) and (8), where a child is released from the special care unit

(a) for the purpose referred to in subsection (2)(c), or

(b) the purpose, referred to in subsection (2)(a) and the parent or relative concerned resides outside the State,

the High Court shall satisfy itself of all factors relevant to the welfare of the child in respect of

(i) the provision, referred to in subsection (2)(c), to the child of medical or psychiatric examination, treatment or assessment outside the State, or

(ii) the residence of the child with a parent or relative, referred to in subsection (2)(a), outside the State,

before it varies the special care order or the interim special care order concerned.]

Annotations

Amendments:

F143

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F144

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NG

F145[Release from special care unit for purposes of sections 23D and 23E.

23NG

23NG.(1) Notwithstanding the detention of a child in a special care unit pursuant to a special care order or an interim special care order, the F146[Child and Family Agency] may apply to the High Court to vary that special care order or interim special care order to authorise the release of the child from the special care unit for all or any of the following:

(a) for the purposes referred to in section 23D(3)(c);

(b) for the purposes referred to in section 23D(4)(i) and section 23D(5);

(c) for the purposes of complying with any terms, conditions and other requirements of a Children Act order referred to in sections 23E(5)(i), 23E(8) and 23E(13);

(d) for the purposes of complying with any terms, conditions and other requirements of a children detention order the making of which has been deferred under section 144 of the Act of 2001, referred to in sections 23E(4)(i), 23E(8) and 23E(12);

(e) for the purposes of complying with any terms, conditions and other requirements of the suspension, under section 144(9)(b) of the Act of 2001, of a period of detention referred to in sections 23E(4)(i), 23E(8) and 23E(12);

(f) for the purposes of complying with a suspended custodial sentence referred to in sections 23E(3)(i), 23E(8) and 23E(11);

(g) for the purposes referred to in section 23E(6);

(h) for any other purpose in respect of which the release of the child is required pursuant to section 23D or 23E.

(2) An application under this section may be made

(a) with an application for a special care order or interim special care order, at a review under section 23I or with an application under section 23J or 23N, or

(b) at any other time during the period for which the special care order or interim special care order has effect.

(3) An application referred to in subsection (2)(b) shall be made, subject to a direction under section 23NA(2)(a), on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) The High Court may

(a) vary the special care order or interim special care order to authorise the release of the child from the special care unit during the period for which the special care order or interim special care order has effect for all or any of the purposes referred to in subsection (1),

(b) make such other provision and give directions in respect of the release under this section as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child,

(c) without prejudice to the generality of paragraphs (a) and (b), vary the special care order or interim special care order for a specified period or a number of specified periods and may include terms and conditions as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child,

and without prejudice to the generality of the foregoing where the release is for the purposes referred to in paragraph (a) or (b) of subsection (1) or for any other purpose for which the release of the child is required pursuant to section 23D, the variation shall be made in accordance with section 23D(3).

(5) Where a child is released from the special care unit pursuant to this section the period of the release shall be included in the period for which the special care order or the interim special care order has effect.]

Annotations

Amendments:

F145

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F146

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NH

F147[Hearing of proceedings.

23NH

23NH.Proceedings under this Part shall be heard otherwise than in public.]

Annotations

Amendments:

F147

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F148

Repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provision: section repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

23NH.F148[]

Section 23NI

F149[Return of child to F150[Child and Family Agency] in certain circumstances.

23NI

23NI.(1) Where a child, in respect of whom a special care order or an interim special care order has been made

(a) is, without lawful authority or the consent or the knowledge of the F150[Child and Family Agency], removed from the custody of the F150[Child and Family Agency] or a special care unit,

(b) absconds from a special care unit or the custody of the F150[Child and Family Agency],

(c) fails to return, or is prevented from returning, to

(i) a special care unit, or

(ii) the custody of the F150[Child and Family Agency],

or

(d) is missing or is otherwise absent, without the consent or knowledge of the F150[Child and Family Agency], from the special care unit or place to which he or she has been released in accordance with section 23NF or 23NG,

the F150[Child and Family Agency] shall request the Garda Síochána to search for the child and return the child to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].

(2) Where a request has, in accordance with subsection (1), been made, the Garda Síochána may take all reasonable measures to comply with the request.

(3) Where the F150[Child and Family Agency] has reasonable grounds for believing that a person can produce a child referred to in subsection (1), the F150[Child and Family Agency] shall apply to the High Court for an order directing that person to deliver the child to the care of the F150[Child and Family Agency].

(4) Where an application referred to in subsection (3) is made and the High Court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce that child, the High Court may make an order directing that person to deliver up that child to the custody of the F150[Child and Family Agency] and may, for the purpose of that order, give directions as it considers necessary and in the best interests of the child.

(5) A person shall be deemed to have been given, or shown, a copy of a warrant issued under subsection (6) if that person was present at the sitting of the High Court at which the warrant was issued.

(6) Where the High Court is satisfied by information on oath that there are reasonable grounds for believing that a child referred to in subsection (1), and who is named in an application, is in a house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, specified in the information, the High Court may, on the application of the F150[Child and Family Agency] in respect of a child referred to in subsection (1), issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter, if need be by force, and to search any house or other place specified in the warrant, where the child is, or where there are reasonable grounds for believing that he or she is, and to return the child to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].

(7) An application for an order under subsection (3) may be made ex parte and may be heard if the High Court is satisfied

(a) of the urgency of the matter,

(b) that it is necessary for the purpose of protecting the life, health, safety, development or welfare of the child, or

(c) that it is in the interests of justice to do so.

(8) Where a member of the Garda Síochána has reasonable grounds for believing that

(a) there is an immediate and serious risk to the life, health, safety, development or welfare of a child referred to in subsection (1), and

(b) it would not be sufficient for the protection of that child from such immediate and serious risk to await the making of an application for a warrant under subsection (6),

the member, accompanied by such other persons as may be necessary, may, without a warrant, enter, if need be by force, any house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, and remove the child to safety and return the child to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].

(9) Subsection (8) is without prejudice to any other powers exercisable by a member of the Garda Síochána.

(10) Where a child is removed to safety by a member of the Garda Síochána in accordance with subsection (8), the child shall be returned to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].]

Annotations

Amendments:

F149

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F150

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NJ

F151[Applications for special care orders or interim special care orders generally.

23NJ

23NJ.(1) Nothing in this Act shall be construed as preventing the F152[Child and Family Agency] from applying for a special care order or an interim special care order, in respect of a child who has previously been the subject of

(a) an application for a special care order or an interim special care order,

(b) a special care order, whether or not the period for which it had effect was extended in accordance with section 23J, or

(c) an interim special care order, whether or not the period for which it had effect was extended in accordance with section 23N.

(2) Where a special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23J, the F152[Child and Family Agency] may apply for another special care order in respect of that child

(a) at any time after the first-mentioned special care order ceased to have effect, or

(b) during the period for which the first-mentioned special care order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order, the first-mentioned special care order shall cease to have effect immediately following the making of that special care order.

(3) Where an interim special care order has been made in respect of a child, whether or not the period for which it had effect was extended in accordance with section 23N, the F152[Child and Family Agency] may apply for another interim special care order in respect of that child, subject to subsection (4), at any time after the first-mentioned interim special care order ceased to have effect.

(4) Subsection (3) shall not apply in respect of a hearing, referred to in section 23M(1)(a), held pursuant to the making of an interim special care order ex parte.

(5) Where an interim special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23N, the F152[Child and Family Agency] may apply for a special care order in respect of that child

(a) at any time after the interim special care order ceased to have effect, or

(b) during the period for which the interim special care order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers

(i) makes the special care order, the interim special care order shall cease to have effect immediately following the making of that special care order, or

(ii) if the High Court refuses to make the special care order it shall discharge the interim special care order.

(6) The F152[Child and Family Agency] may apply for a special care order, or an interim special care order, in respect of a child who is, or has previously been the subject of an order of the High Court the effect of which was to detain a child in secure residential accommodation and such application may be made, in accordance with this Part

(a) at any time after that High Court order ceased to have effect, or

(b) during the period for which that High Court order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order or, as the case may be, the interim special care order it shall give directions in respect of the cessation of the effect of that High Court order.]

Annotations

Amendments:

F151

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F152

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NK

F153[Application for directions.

23NK

23NK.Where a child is in the care of the F154[Child and Family Agency] pursuant to a special care order or an interim special care order, the High Court may

(a) of its own motion, or

(b) on the application of the F154[Child and Family Agency], a parent, the guardian of the child or a relative,

give directions or make an order on any question affecting the welfare of the child as the High Court thinks proper and may vary or discharge any such direction or order.]

Annotations

Amendments:

F153

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F154

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F155

Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(c), not commenced as of date of revision.

Modifications (not altering text):

C19

Prospective affecting provision: subsection (b) substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(c), not commenced as of date of revision.

23NK.— Where a child is in the care of the F154[Child and Family Agency] pursuant to a special care order or an interim special care order, the High Court may—

...

(b) on the application of the Child and Family Agency, a parent, F155[the guardian of the child, a guardian ad litem, where such guardian ad litem is appointed in accordance with Part VA in respect of proceedings under this Part,] or a relative,

give directions or make an order on any question affecting the welfare of the child as the High Court thinks proper and may vary or discharge any such direction or order.

Section 23NL

F156[Existing orders.

23NL

23NL.(1) Where an existing order has effect in respect of a child on the day on which a special care order or an interim special care order is made in respect of that child, subject to subsection (2), the provision of special care to that child by the F157[Child and Family Agency] shall take precedence over the care provided to the child pursuant to such existing order during the period for which the special care order or interim special care order has effect.

(2) Where an existing order has effect for a specified period, nothing in subsection (1) shall be construed as affecting that period.

(3) In this section "existing order" means

(a) an interim care order made under section 17,

(b) a care order made under section 18,

(c) an emergency order made under section 13, or

(d) a supervision order made under section 19.]

Annotations

Amendments:

F156

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F157

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NM

F158[Provision of information to certain persons.

23NM

23NM.(1) The F159[Child and Family Agency] shall, from time to time during the period for which a special care order or an interim special care order has effect and subject to a direction under section 23NA(2)(a), provide

(a) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

(b) a guardian of the child unless the guardian is missing or cannot be found, or a relative,

with information relating to the child having regard to the special care provided to him or her, his or her care requirements, the behaviour of the child before the provision of special care and the risk it poses to his or her life, health, safety, development or welfare.

(2) The F159[Child and Family Agency] shall, for the purposes of subsection (1), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1).

(3) Without prejudice to the generality of subsection (1), information provided pursuant to that subsection includes information in respect of

(a) the benefits of special care having regard to the care requirements of the child, and

(b) an incident, if any, relating to the child which

(i) has occurred in the special care unit or during a period for which the child was released from the special care unit pursuant to section 23NF or 23NG, and

(ii) has had, or is likely to have, an adverse affect on that child.]

Annotations

Amendments:

F158

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F159

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NN

F160[Request for appraisal of special care provided to child.

23NN

23NN.(1) A parent of a child who is the subject of a special care order or an interim special care order, a guardian or a person who has a bona fide interest in the child, may request, in writing, the F161[Child and Family Agency] to carry out an appraisal of the child in respect of the special care provided to him or her, the care requirements of the child, the behaviour of the child before the provision of such special care and the risk such behaviour poses to his or her life, health, safety, development or welfare.

(2) Where a request under subsection (1) is made, the F161[Child and Family Agency] shall, subject to subsection (3), carry out an appraisal referred to in subsection (1).

(3) Where, pursuant to a request referred to in subsection (1), the F161[Child and Family Agency] decides not to carry out an appraisal, the F161[Child and Family Agency] shall inform, in writing, the person who made the request of that decision and the reasons for it.

(4) Where the F161[Child and Family Agency] decides not to carry out an appraisal pursuant to a request referred to in subsection (1), the person who made that request may appeal the decision in accordance with this section within 14 days of receipt of the written notification in the prescribed form stating the reasons for the appeal.

(5) Where the F161[Child and Family Agency] receives an appeal under subsection (4) it shall, with the consent of the Minister, appoint a person who

(a) has, in the opinion of the F161[Child and Family Agency], the necessary qualifications, training or experience, or a combination thereof, and

(b) is not an employee of the F161[Child and Family Agency].

(6) The person appointed pursuant to subsection (5) to consider an appeal under subsection (4) shall

(a) be independent in the performance of his or her functions,

(b) comply with guidelines issued under subsection (10) by the F161[Child and Family Agency] in respect of the procedure to be followed with respect to the consideration of the appeal,

(c) consider any written or oral objections made by the appellant in support of the appeal,

(d) make a decision in writing determining the appeal as soon as practicable in all the circumstances of the case, and

(e) send a copy of the decision referred to in paragraph (d) to the appellant and the F161[Child and Family Agency] together with the reasons for that decision.

(7) The appellant or the F161[Child and Family Agency] may appeal to the High Court against the decision referred to in subsection (6)(d) on a point of law.

(8) An appeal under subsection (7) shall, where the appellant requests, be heard otherwise than in public.

(9) A decision of the High Court on an appeal under subsection (7) shall be final except that, by leave of the High Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.

(10) The F161[Child and Family Agency] shall issue guidelines in respect of the procedure to be followed in respect of an appeal under this section.]

Annotations

Amendments:

F160

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F161

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23NO

F162[Guidelines.

23NO

23NO.The F163[Child and Family Agency] shall prepare and publish guidelines in respect of

(a) the procedures for

(i) the discharge of children from special care units including the discharge or release of children who are to remain in the care of the F163[Child and Family Agency] pursuant to an order under the Act other than under this Part, and

(ii) the release, in accordance with section 23NF and 23NG, of children from a special care unit,

F164[(b) (i) the provision of care under this Act to a child when a special care order or an interim special care order made in respect of that child ceases to have effect, and

(ii) the assistance which may be provided by the Child and Family Agency in accordance with an aftercare plan where a person has been the subject of an interim special care order or a special care order and is an eligible child or eligible adult,

and]

(c) informing the Garda Síochána and other persons, of children

(i) who are, without lawful authority or the consent or knowledge of the F163[Child and Family Agency], removed from the custody of the F163[Child and Family Agency] or a special care unit,

(ii) who abscond from a special care unit or the custody of the F163[Child and Family Agency],

(iii) who fail to return, or are prevented from returning, to a special care unit or the custody of the F163[Child and Family Agency], or

(iv) who are missing or otherwise absent, without the consent or knowledge of the F163[Child and Family Agency], from the special care unit or place to which children are released in accordance with sections 23NF and 23NG.]

Annotations

Amendments:

F162

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F163

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F164

Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 4, S.I. No. 636 of 2017.

Section 23NP

F165[Offences.

23NP

23NP.(1) Without prejudice to the law relating to contempt of court, where the High Court

(a) makes an order under section 23H(3)(a),

(b) makes an order under section 23L(4)(a), or

(c) makes an order under section 23NI(4),

and the person who has actual custody of the child has been given or shown a copy of the order referred to in paragraph (a), (b) or (c) and has been required, by or on behalf of the F166[Child and Family Agency], to give up that child to the F166[Child and Family Agency], and that person fails or refuses to comply with the order, that person shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(2) Without prejudice as to the law as to contempt of court, where a special care order or an interim special care order has been made in respect of a child, a person who

(a) without lawful authority, removes that child from

(i) a special care unit,

(ii) the custody of the F166[Child and Family Agency], any person who is taking care of the child on behalf of the F166[Child and Family Agency] or a person referred to in section 23B(4), or

(iii) the place to which he or she has been released under section 23NF or 23NG,

or

(b) prevents the child, where that child is released from the special care unit in accordance with section 23NF or 23NG, from returning to

(i) the special care unit, or

(ii) the custody of the F166[Child and Family Agency] or a person referred to in paragraph (a)(ii),

shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(3) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order referred to in paragraph (a), (b) or (c) of subsection (1) if that person was present at the sitting of the High Court at which that order was made.]

Annotations

Amendments:

F165

Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017), subject to transitional provisions in s. 48. A class B fine means a fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.

F166

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F167[PART IVB

Private Foster Care]

Annotations

Amendments:

F167

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

Section 23O

F167[Definitions.

23O

23O.In this Part

F169["authorised officer" means a person appointed by the F170[Child and Family Agency] under section 23S;]

F171[]

"private foster care arrangement" means any arrangement or undertaking whereby a child is for more than 14 days in the full-time care, for reward or otherwise, of a person other than his or her parent or guardian, a person cohabiting with a parent or guardian or a relative, except where the child

(a) is residing at a boarding school and receiving full-time education,

(b) is in an institution managed by or on behalf of a Minister of the Government or F169[the F170[Child and Family Agency]],

(c) is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness,

(d) is in an institution for the care and maintenance of children with a disability,

(e) is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

(f) is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001,

F172[(g) is placed for adoption under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State recognised by that Act,]

(h) is in the care of F169[the F170[Child and Family Agency]],

(i) is on holidays for a continuous period not exceeding 42 days,

(j) is placed with a person or body for primarily educational purposes, or

(k) is placed with a friend of the childs parent or guardian for a period not exceeding 42 days, while the parent or guardian is on holidays;

"relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the whole blood, half blood or by affinity, and includes the spouse of any such person and any person cohabiting with any such person.]

Annotations

Amendments:

F168

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F169

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 29(a), (c), S.I. No. 887 of 2004.

F170

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F171

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 29, S.I. No. 887 of 2004.

F172

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(b), S.I. No. 511 of 2010.

Section 23P

F173[Notice of private foster care arrangement.

23P

23P.(1) A person arranging or undertaking a private foster care arrangement shall give notice to the F174[Child and Family Agency] in the manner specified in section 23Q not less than thirty days before the placement.

(2) Where a child is placed in a private foster care arrangement owing to an unforeseen emergency, both the person making the arrangement and the person undertaking it shall notify the F174[Child and Family Agency] in the manner specified in section 23Q as soon as practicable and not more than 14 days after the placement.

F175[(3) Any person arranging or undertaking a private foster care arrangement who has submitted to the Health Service Executive before the establishment of the Child and Family Agency the information the Health Service Executive required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).]]

Annotations

Amendments:

F173

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F174

Substituted (1.01.2014) by Child and Family Agency Act (40/2014), s. 97 and sch. 2 part item 1, S.I. No. 502 of 2014.

F175

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 12, S.I. No. 502 of 2013.

Modifications (not altering text):

C20

Application of section restricted (1.11.2010) by Adoption Act 2010 (21/2010), s. 15(2), S.I. No. 511 of 2010.

Care of child pending placement.

15. ...

(2) Section 23P of the Child Care Act 1991 does not apply to—

(a) the making of an arrangement by an accredited body under subsection (1), or

(b) a person undertaking the care of a child under the arrangement.

Editorial Notes:

E87

Previous affecting provision: subs. (3) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 30, S.I. No. 887 of 2004; substituted as per F-note above.

E88

Previous affecting provision: “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004; substituted as per F-note above.

Section 23Q

F176[Information to be submitted to F177[Child and Family Agency].

23Q

23Q.(1) Any person arranging or undertaking a private foster care arrangement shall submit to the F177[Child and Family Agency] in writing

(a) the persons name and address,

(b) the name, sex, date and place of birth and address of the child concerned,]

F176[(c) the name and address of the parent or guardian of the child,]

(d) if the childs residence is changed, the childs new address,

(e) if the private foster care arrangement terminates, the reasons for its termination,

and any other information that the F177[Child and Family Agency] may consider necessary in relation to any persons involved in the arrangement.

(2) Any person arranging a private foster care arrangement shall submit to the F177[Child and Family Agency], in writing, the name and address of the person undertaking the arrangement and any other information in respect of that person that F178[the F179[Agency]] may consider necessary.

Annotations

Amendments:

F176

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F177

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F178

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6, item 31(b), S.I. No. 887 of 2004.

F179

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E89

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (1) and (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 31, S.I. No. 887 of 2004; substituted as per F-note above.

E90

Previous affecting provision: “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004; substituted as per F-note above.

Section 23R

F180[Duty in respect of children in private foster care.

23R

23R.Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the childs welfare as the first and paramount consideration.

(2) Any person undertaking such an arrangement shall take all reasonable measures to safeguard the health, safety and welfare of the child concerned.

(3) Any person arranging such an arrangement shall make all reasonable enquiries to ensure that the person undertaking it is in a position to comply with subsection (2).]

Annotations

Amendments:

F180

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

Section 23S

F181[Authorised officers.

23S

23S.(1) F182[The F183[Child and Family Agency] shall appoint such and so many of its employees] for the purposes of this Part.

(2) Each authorised officer shall be given a warrant of his or her appointment and, when exercising any power conferred by this Part, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification.]

Annotations

Amendments:

F181

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F182

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 32, S.I. No. 887 of 2004.

F183

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Section 23T

F184[Inspection by authorised persons.

23T

23T.(1) Where the F185[Child and Family Agency] has received a notice in accordance with section 23P in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing.

(2) A judge of the District Court may, if satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken and that the F185[Child and Family Agency] has not received the requisite notice, issue a warrant authorising an authorised officer, accompanied if necessary by other persons, to enter, if need by reasonable force, and inspect any premises (including a private dwelling) in which the child may be residing.

(3) An authorised officer, on entering any such premises, shall investigate the care and attention that the child is receiving and the condition of the premises with a view to ensuring that the person undertaking the arrangement is complying with his or her duty to take all reasonable measures to safeguard the childs health, safety and welfare.

(4) An authorised officer may request a member of the Garda Síochána to accompany him or her when carrying out an inspection.]

Annotations

Amendments:

F184

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F185

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E91

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (1) and (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 33, S.I. No. 887 of 2004; substituted as per F-note above.

Section 23U

F186[Institution of proceedings by F187[Child and Family Agency].

23U

23U.If F188[the F187[Child and Family Agency]] believes

(a) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or

(b) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned,

it may apply to the District Court for one of the following orders:

(i) that a supervision order under section 19 be made in respect of the child,

(ii) that the child be taken into the care of F188[the F187[Child and Family Agency]] under section 13, 17 or 18, or

(iii) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.]

Annotations

Amendments:

F186

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F187

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F188

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 34, S.I. No. 887 of 2004.

Section 23V

F189[Restrictions on private foster care arrangements in certain cases.

23V

23V.A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under F190[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act.]

(2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless

(a) the child is eligible for adoption under F191[the Adoption Act 2010], and

(b) the F192[Child and Family Agency]has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

(3) If the F192[Child and Family Agency] believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply to the District Court for an order either

(a) that the child be taken into its care under section 13, 17 or 18, or

(b) that the arrangement be terminated and the child returned to his or her parents or guardian,

and the Court may order accordingly.]

Annotations

Amendments:

F189

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F190

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(c), S.I. No. 511 of 2010.

F191

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(d), S.I. No. 511 of 2010 as amended (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 49(c), commenced on enactment.

F192

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E92

Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 35, S.I. No. 887 of 2004; substituted as per F-note above.

E93

Previous affecting provision: subs. (1) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004; substituted as per F-note above.

Section 23W

F193[Offences.

23W

23W.(1) Any person

(a) who while arranging or undertaking a private foster care arrangement does not notify the F194[Child and Family Agency] under section 23P,

(b) who contravenes subsection (2) or (3) of section 23R,

(c) who refuses to allow an authorised officer to enter any premises in accordance with subsection (1) or (2) of section 23T or obstructs or impedes an authorised officer in the exercise of his or her powers under that section,

(d) who while arranging or undertaking a private foster care arrangement knowingly or wilfully makes or causes or procures any other person to make a false or misleading statement to the F194[Child and Family Agency],

(e) who contravenes section 23V(1), or

(f) who does not comply with an order under paragraph (ii) or (iii) of section 23U or under section 23V(3),

is guilty of an offence and liable on summary conviction to a fine not exceeding £1,500.

(2) Where a person is convicted of an offence under this section, the District Court may by order prohibit the person from arranging or undertaking a private foster care arrangement for such period as may be specified in the order.]

Annotations

Amendments:

F193

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004. A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F194

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

Editorial Notes:

E94

Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 36, S.I. No. 887 of 2004; substituted as per F-note above.

Section 23X

F195[Saver.

23X

23X.This Part is without prejudice to any other provision of this Act or any provision of the Children Act, 2001, which imposes, in the interests of a child, duties or obligations on F196[the F197[Child and Family Agency]] or a member of the Garda Síochána.]

Annotations

Amendments:

F195

Inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F196

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 37, S.I. No. 887 of 2004.

F197

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

PART V

Jurisdiction and Procedure

Annotations

Modifications (not altering text):

C21

References to Part IV of Act in Part V (Jurisdiction and Procedure) construed (29.07.2004) by Children Act 2001 (24/2001), s. 267(2), S.I. No. 468 of 2004.

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

267.— ...

(2) References in Part V (Jurisdiction and Procedure) of the Act of 1991 to Part IV of that Act shall be construed as including references to Parts IVA and IVB (inserted by section 16 ) thereof.

Editorial Notes:

E95

District Court termed “Children Court” for the purpose of Part V of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Section 24

Welfare of child to be paramount.

24

F198[24.(1) In any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the High Court under Part IVA in relation to special care, the court shall regard the best interests of the child as the paramount consideration in the resolution of such proceedings.

(2) In determining for the purposes of subsection (1) what is in the best interests of the child, the court shall have regard to all of the factors or circumstances that it considers relevant to the child including

(a) the child’s age, maturity and any special characteristics of the child,

(b) the benefit to the child of having a meaningful relationship with his or her parents and with any other relatives and persons who are involved in the child’s upbringing,

(c) the views of the child where he or she is capable of forming, and has chosen to express, such views,

(d) the physical, psychological and emotional needs of the child,

(e) the social, intellectual and educational needs of the child,

(f) the religious, spiritual, cultural and linguistic upbringing and needs of the child, and

(g) any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being.

(3) In this section, "household violence" has the same meaning as it has in section 31 (7) of the Guardianship of Infants Act 1964.]

Annotations

Amendments:

F198

Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 4, S.I. No. 464 of 2022.

Editorial Notes:

E96

Previous affecting provision: section amended (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 11, S.I. No. 637 of 2017; substituted as per F-note above.

Section 24A

F199[Views of child

24A

24A. ...]

Annotations

Amendments:

F199

Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 5, not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 5, not commenced as of date of revision.

F199[24A. Where in any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the High Court under Part IVA in relation to special care, the child is capable of forming his or her own views, the court, in so far as practicable shall

(a) determine the means by which to facilitate the expression by the child of his or her views in the proceedings, and

(b) give due weight to such views as the child wishes to express, having regard to the age and maturity of the child.]

Section 25

Power of court to join child as a party and costs of child as a party.

25

25.(1) If in any proceedings under Part IV F200[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not already a party, the court may, where it is satisfied having regard to the age, understanding and wishes of the child and the circumstances of the case that it is necessary in the interests of the child and in the interests of justice to do so, order that the child be joined as a party to, or shall have such of the rights of a party as may be specified by the court in, either the entirety of the proceedings or such issues in the proceedings as the court may direct. The making of any such order shall not require the intervention of a next friend in respect of the child.

(2) Where the court makes an order under subsection (1) or a child is a party to the proceedings otherwise than by reason of such an order, the court may, if it thinks fit, appoint a solicitor to represent the child in the proceedings and give directions as to the performance of his duties (which may include, if necessary, directions in relation to the instruction of counsel).

(3) The making of an order under subsection (1) or the fact that a child is a party to the proceedings otherwise than by reason of such an order shall not prejudice the power of the court under section 30(2) to refuse to accede to a request of a child made thereunder.

(4) Where a solicitor is appointed under subsection (2), the costs and expenses incurred on behalf of a child exercising any rights of a party in any proceedings under this Act shall be paid by the F201[Child and Family Agency] F202[the F203[Agency]] may apply to the court to have the amount of any such costs or expenses measured or taxed.

(5) The court which has made an order under subsection (2) may, on the application to it of F202[the F201[Child and Family Agency]], order any other party to the proceedings in question to pay to F202[the F203[Agency]] any costs or expenses payable by F202[the F203[Agency]] under subsection (4).

F204[(6) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]

Annotations

Amendments:

F200

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 12(a) and (b), S.I. No. 637 of 2017.

F201

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F202

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 38, S.I. No. 887 of 2004.

F203

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F204

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 12(a) and (b), S.I. No. 637 of 2017.

Editorial Notes:

E97

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (4) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 38, S.I. No. 887 of 2004; substituted as per F-note above.

Section 26

Appointment of guardian ad litem for a child.

26

26.(1) If in any proceedings under Part IV F205[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child.

(2) Any costs incurred by a person in acting as a guardian ad litem under this section shall be paid by the F206[Child and Family Agency]. The F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.

(3) The court which has made an order under subsection (1) may, on the application to it of F207[the F206[Child and Family Agency]], order any other party to the proceedings in question to pay to F207[the F208[Agency]] any costs or expenses payable by F207[the F208[Agency]] under subsection (2).

(4) Where a child in respect of whom an order has been made under subsection (1) becomes a party to the proceedings in question (whether by virtue of an order under section 25 (1) or otherwise) then that order shall cease to have effect.

F209[(5) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]

Annotations

Amendments:

F205

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 13(a) , S.I. No. 637 of 2017.

F206

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F207

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 39, S.I. No. 887 of 2004.

F208

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F209

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 13(e), S.I. No. 637 of 2017.

F210

Repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

F211

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(b), not commenced as of date of revision.

F212

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(c), not commenced as of date of revision.

F213

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(d), not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: section repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

Appointment of guardian ad litem for a child.

26.F210[]

C24

Prospective affecting provision: words inserted in subs. (2) and new subss. (2A), (2B), (2C) and (3A) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(b)-(d), not commenced as of date of revision.

(2) Any costs F211[reasonably] incurred by a person in acting as a guardian ad litem under this section shall be paid by the F206[Child and Family Agency]. The F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.

F212[(2A) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011), without prejudice to the generality of subsection (1), the court shall give directions relating to the service of documents for the proceedings concerned on the guardian ad litem.

(2B) A guardian ad litem shall for the purpose of the proceedings for which he or she is appointed promote the best interests of the child concerned and convey the views of that child to the court, in so far as is practicable, having regard to the age and understanding of the child.

(2C) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011)

(a) the guardian ad litem concerned may instruct a solicitor to represent him or her in respect of those proceedings and, if necessary, having regard to the circumstances of the case, may instruct counsel in respect of those proceedings, and

(b) where a guardian ad litem instructs a solicitor or counsel or both pursuant to paragraph (a), the costs and expenses reasonably incurred for that purpose shall be paid by the F206[Child and Family Agency] and the F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.]

...

F213[(3A) The court may, on the application to it of the F206[Child and Family Agency], order any other party to the proceedings in question to pay to the F206[Child and Family Agency] any costs or expenses payable by the F206[Child and Family Agency] under subsection (2C).]

...

Editorial Notes:

E98

Prospective affecting provision: subss. (2C) and (3A) are amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 6, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. The subsections were inserted by Child Care (Amendment) Act 2011, s. 13(c), not commenced as of date of revision, and are therefore prospective affecting provisions, see C-note above.

E99

Guardian ad litem appointed under section designated as a prescribed person for the purposes of 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), art. 3 and sch. item 19.

E100

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 39, S.I. No. 887 of 2004; substituted as per F-note above.

Section 27

Power to procure reports on children.

27

27.(1) In any proceedings under Part IV F214[IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the court may, of its own motion or on the application of any party to the proceedings, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the child.

(2) In deciding whether or not to request a report under subsection (1) the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.

(3) A copy of any report prepared under subsection (1) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(4) Where any person prepares a report pursuant to a request under subsection (1), the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.

(5) The court, if it thinks fit, or any party to the proceedings, may call the person making the report as a witness.

Annotations

Amendments:

F214

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 14(a), S.I. No. 637 of 2017.

F215

Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 8(d), not commenced as of date of revision.

F216

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2022 (21/2022), s. 8(d), not commenced as of date of revision.

F215[(6) In subsection (3), a reference to a party includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.

(7) In this section, where the proceedings are proceedings under Part IVA, "court" means the High Court.]

C26

Prospective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced as of date of revision.

F216[(6) In this section, a reference to the party or parties includes a guardian ad litem, if any, appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings concerned.

(7) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]

Section 28

Jurisdiction.

28

28.(1) The District Court and the Circuit Court on appeal from the District Court shall have jurisdiction to hear and determine proceedings under Part III, IV or VI F217[and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011).]

(2) Proceedings under Part III, IV or VI F218[, and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011),] may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being.

F219[(3) The High Court shall have jurisdiction to hear and determine

(a) proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), other than proceedings under section 23NP (inserted by the Child Care (Amendment) Act 2011),

(b) any application or other matter under, and in accordance with, this Act (as amended by the Child Care (Amendment) Act 2011) that relates to a special care order, an interim special care order or the hearing and determination of proceedings for special care under Part IVA (as amended by the Child Care (Amendment) Act 2011),

(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and

(d) without prejudice to the generality of paragraph (b), any proceedings relating to section 37 (as amended by the Child Care (Amendment) Act 2011) in so far as they concern a child who is the subject of a special care order or an interim special care order during the period for which the order concerned has effect.

(4) The District Court, and the Circuit Court on appeal from the District Court, shall have jurisdiction to hear and determine an application for a care order or a supervision order notwithstanding that, at the time that application is made, a special care order or an interim special care order has effect in respect of the child concerned.]

Annotations

Amendments:

F217

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(1)(a), S.I. No. 637 of 2017.

F218

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(1)(b), S.I. No. 637 of 2017.

F219

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(2), S.I. No. 637 of 2017.

F220

Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 8(e), not commenced as of date of revision.

Modifications (not altering text):

C27

Prospective affecting provision: subss. (3)(c) amended Child Care (Amendment) Act 2022(21/2022), s. 8(e), not commenced as of date of revision.

F219[(3) The High Court shall have jurisdiction to hear and determine ...

(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) F220[or Part VA] that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and]

...

Section 29

Hearing of proceedings.

29

29.(1) Proceedings under F221[Part III, IV, IVA or VI] shall be heard otherwise than in public.

(2) The provisions of sections 33 (1), 33 (2) and 45 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to proceedings under F221[Part III, IV, IVA or VI] as they apply to proceedings to which those provisions relate.

(3) The District Court and the Circuit Court on appeal from the District Court shall sit to hear and determine proceedings under Part III, IV or VI at a different place or at different times or on different days from those at or on which the ordinary sittings of the Court are held.

(4) Proceedings before the High Court in relation to proceedings under Part III, IV or VI shall be as informal as is practicable and consistent with the administration of justice.

F222[(5) Nothing contained in this section shall operate to prohibit

(a) the preparation of a report of proceedings under F223[Part III, IV, IVA or VI] by

(i) a barrister or a solicitor, F224[or]

(ii) F225[]

(iii) a person falling within any other class of persons specified in regulations made under subsection (7) for the purposes of this subsection,

(b) the publication of a report prepared in accordance with paragraph (a), or

(c) the publication of the decision of any court in such proceedings,

in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing such a report

(i) attend the proceedings, and

(ii) have access to any F226[relevant documents],

subject to any directions the court may give in that behalf.

F227[(5A) (a) Subject to paragraph (b), nothing contained in this section shall operate to prohibit bona fide representatives of the Press from attending proceedings referred to in subsection (1).

(b) Subject to paragraphs (c) and (d), where, in proceedings referred to in subsection (1), a court is satisfied that it is necessary to do so

(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice,

the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order

(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

(i) the best interests of a child to whom the proceedings relate;

(ii) the views, if any, of

(I) a party to the proceedings, and

(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

(iii) whether information given or likely to be given in evidence is sensitive personal information;

(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings; and

(vii) whether information of the type referred to in subparagraphs (iii) and (vi) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

(e) Where evidence in proceedings referred to in subsection (1) concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

(f) In this subsection

"party to the proceedings" includes a witness in the proceedings;

"sensitive personal information" means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to

(i) information relating to the medical, psychiatric or psychological history of the person,

(ii) information relating to the tax affairs of the person,

(iii) information relating to the sexual conduct or sexual orientation of the person.]]

F229[(5B) (a) Where the Minister is satisfied that the attendance by an officer of the Minister at proceedings referred to in subsection (1) will assist the Minister in

(i) the performance of his or her functions pursuant to Part VA and any regulations made thereunder, including the promotion of high professional standards and good practice by guardians ad litem in the performance of their functions under this Act, or

(ii) the review of the operation of this Act, in particular in relation to the care and protection of children,

the Minister may grant an approval to the officer (in this subsection referred to as an "approved officer") for the purposes of such attendance.

(b) An approval under paragraph (a) shall specify

(i) the name of the approved officer to whom it is granted,

(ii) the purpose for which it is granted,

(iii) the period for which it is valid,

(iv) the proceedings that the approved officer is permitted to attend,

(v) the purposes for which information, obtained by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), may be processed, which shall include the preparation of a report under paragraph (c)(iii) and the assistance of the Minister for a purpose referred to in paragraph (a),

(vi) without prejudice to any other requirement of the Data Protection Regulation or the Data Protection Act 2018, a requirement that personal data and special categories of personal data contained in information obtained, by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), shall be kept in such form that does not permit the identification of the parties to the proceedings or any child to whom the proceedings relate, and

(vii) such other matters as the Minister considers appropriate.

(c) Subject to any directions the court may give, nothing contained in this section shall operate to prohibit for the purposes specified in an approval

(i) the attendance of an approved officer at proceedings referred to in subsection (1),

(ii) the access by such officer to any relevant documents of the proceedings referred to in subsection (1), and

(iii) the preparation by such officer of a report of the proceedings to assist the Minister for a purpose referred to in paragraph (a), provided that the report does not contain any information which would enable the parties to the proceedings or any child to whom the proceedings relate to be identified.

(d) In this subsection

"personal data" has the same meaning as it has in the Data Protection Regulation;

"proceedings" include proceedings commenced but not completed before the commencement of this subsection;

"special categories of personal data" has the same meaning as it has in the Data Protection Act 2018.]

(6) F228[]

(7) The Minister may, after consultation with the Minister for Justice, Equality and Law Reform, make regulations specifying a class of persons for the purposes of subsection (5) if the Minister is satisfied that the publication of reports prepared in accordance with subsection (5)(a) by persons falling within that class is likely to provide information which will assist in the better operation of this Act, in particular in relation to the care and protection of children.

(8) Nothing contained in this section shall be construed to prejudice the generality of—

(a) any other provision of this Act (including this Act as amended by the Child Care (Amendment) Act 2007) or any thing which may be done under any such provision, or

(b) section 267(2) of the Children Act 2001.

(9) In subsection (5), "proceedings" include proceedings commenced but not completed before the commencement of that subsection.

F230[(10) In subsections (5) and (5B), "relevant documents", in relation to any proceedings referred to in those subsections, means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):

(a) the originating document in the proceedings;

(b) pleadings and other documents (including the terms of settlement, if any) produced to, or lodged with, the court or included in the book of pleadings;

(c) reports prepared in the course of the proceedings or otherwise under this Act and produced to, or lodged with, the court including

(i) a report prepared by the Child and Family Agency, and

(ii) a report furnished by a guardian ad litem under section 35E(2);

and

(d) any order, decision or judgment of the court in the proceedings.]

Annotations

Amendments:

F221

Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(a), (b), S.I. No. 464 of 2022.

F222

Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 3, S.I. No. 509 of 2007.

F223

Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(c)(i), S.I. No. 464 of 2022.

F224

Inserted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(2)(a)(i), S.I. No. 453 of 2011.

F225

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(2)(a)(ii), S.I. No. 453 of 2011.

F226

Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(c)(ii), S.I. No. 464 of 2022.

F227

Inserted by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 8, S.I. No. 5 of 2014.

F228

Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(2)(b), S.I. No. 453 of 2011.

F229

Inserted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(d), S.I. No. 464 of 2022.

F230

Inserted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(e), S.I. No. 464 of 2022.

Editorial Notes:

E101

Power pursuant to subs. (7) exercised (28.11.2012) by Child Care Act 1991 (Section 29(7)) Regulations (S.I. No. 467 of 2012).

E102

Previous affecting provision: subs. (5)(a)(ii) inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 3, S.I. No. 509 of 2007; deleted as per F-note above.

E103

Previous affecting provision: subs. (6) inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 3, S.I. No. 509 of 2007; deleted as per F-note above.

Section 30

Power to proceed in absence of child.

30

30.(1) It shall not be necessary in proceedings under Part III, IV F231[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI for the child to whom the proceedings relate to be brought before the court or to be present for all or any part of the hearing unless the court, either of its own motion or at the request of any of the parties to the case, is satisfied that this is necessary for the proper disposal of the case.

(2) Where the child requests to be present during the hearing or a particular part of the hearing of the proceedings the court shall grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child’s interests to accede to the request.

F232[(3) In subsection (1) and (2), where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]

Annotations

Amendments:

F231

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(a), S.I. No. 637 of 2017.

F232

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(b), S.I. No. 637 of 2017.

Section 31

Prohibition on publication or broadcast of certain matters.

31

31.(1) No matter likely to lead members of the public to identify a child who is or has been the subject of proceedings under Part III, IV F233[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI F234[shall be published or broadcast.]

(2) Without prejudice to subsection (1), the court may, in any case if satisfied that it is appropriate to do so in the interests of the child, by order dispense with the prohibitions of that subsection in relation to him to such extent as may be specified in the order.

(3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of any other publication, the person who publishes it, and

(c) in the case of a broadcast, F235[any person] who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

F236[shall be guilty of an offence and shall be liable

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding 50,000 or to imprisonment for a term not exceeding 3 years or both.]

F237[(3A) (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

(4) Nothing in this section shall affect the law as to contempt of court.

(5) F238[]

F239[(5A) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]

Annotations

Amendments:

F233

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(a), S.I. No. 637 of 2017.

F234

Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(a), S.I. No. 5 of 2014.

F235

Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2003), s. 9(b), S.I. No. 5 of 2014.

F236

Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2003), s. 9(b), S.I. No. 5 of 2014. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F237

Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013i (32/2003), s. 9(c), S.I. No. 5 of 2014.

F238

Repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(3), S.I. No. 334 of 2014.

F239

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(b), S.I. No. 637 of 2017.

Section 32

Presumption and determination of age.

32

32.In any application for an order under Part III, IV or VI, the court F240[, or for a special care order or an interim special care order under Part IVA (as amended by the Child Care (Amendment) Act 2011), the High Court)] shall make due inquiry as to the age of the person to whom the application relates and the age presumed or declared by the court F241[, or as the case may be, the High Court,] to be the age of that person shall, until the contrary is proved, for the purposes of this Act, be deemed to be the true age of that person.

Annotations

Amendments:

F240

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 18(a), S.I. No. 637 of 2017.

F241

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 18(b), S.I. No. 637 of 2017.

Section 33

Rules of court.

33

33.(1) For the purpose of ensuring the expeditious hearing of applications under Part III, IV or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.

F242[(1A) For the purposes of ensuring the expeditious hearing of applications and proceedings under, and in relation to, Part IVA (as amended by the Child Care (Amendment) Act 2011), rules of court may make provision for the service of superior court documents otherwise than under section 23 of the Courts Act 1971.]

(2) Rules of court may make provision for the furnishing of information and documents by parties to proceedings under Part III, IV F243[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI to each other or to solicitors acting for them.

(3) This section is without prejudice to section 17 of the Interpretation Act, 1937, which provides for rules of court.

Annotations

Amendments:

F242

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 19(a), S.I. No. 637 of 2017.

F243

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 19(b), S.I. No. 637 of 2017.

F244

Substituted byChild Care (Amendment) Act 2022(21/2022), s. 8(f)(i), not commenced as of date of revision.

F245

Inserted by Child Care (Amendment) Act 2022(21/2022), s. 8(f)(ii), not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: subs. (1) amended and subs. (4) inserted by Child Care (Amendment) Act 2022(21/2022), s. 8(f)(i), (ii), not commenced as of date of revision.

33.(1) For the purpose of ensuring the expeditious hearing of applications under Part III, F244[IV, VA] or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.

...

F245[(4) In subsection (2), a reference to parties to proceedings includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.]

Section 34

Failure or refusal to deliver up a child.

34

34.(1) Without prejudice to the law as to contempt of court, where the District Court has made an order under Part III or IV directing that a child be placed or maintained in the care of F246[the F247[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F246[the F248[Agency]], to give up the child to F246[the F248[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(2) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under Part III or IV if that person was present at the sitting of the court at which such an order was made.

Annotations

Amendments:

F246

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 40, S.I. No. 887 of 2004.

F247

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 1, S.I. No. 502 of 2013.

F248

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E104

A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 12, S.I. No. 662 of 2010.

Section 35

Warrant to search for and deliver up a child.

35