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.

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;

F5[“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);]

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;

F6[…]

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

F7["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;

F8["personal data" has the same meaning as it has in the Data Protection Regulation;]

“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.

3.—(1) It shall be a function of F14[the F13[Child and Family Agency]] to promote the welfare of children F15[…] who are not receiving adequate care and protection.

(2) In the performance of this function, F16[the F13[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 F17[…];

(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) F18[The F13[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) F19[…]

4.—(1) Where it appears to F20[the F21[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 F20[the F22[Agency]] to take him into its care under this section.

(2) Without prejudice to the provisions of Parts III, IV F23[, IVA (as amended by the Child Care (Amendment) Act 2011)] and VI, nothing in this section shall authorise F24[the F21[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 F25[the F21[Child and Family Agency]] has taken a child into its care under this section, it shall be the duty of F25[the F22[Agency]]—

(a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F25[the F22[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 F26[the F21[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, F26[the F22[Agency]] shall endeavour to reunite him with that parent where this appears to F26[the F22[Agency]] to be in his best interests.

(5) F27[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.]

5.—Where it appears to F28[the F29[Child and Family Agency] that a child is homeless, the F30[Agency] shall] enquire into the child’s circumstances, and F31[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 F32[care of the F30[Agency]] under the provisions of this Act, F33[the F30[Agency] shall take] such steps as are reasonable to make available suitable accommodation for him.

6.—F34[(1) The F35[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.]

F34[(2) For the purposes of this section, the F35[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) F36[The F35[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 F37[the F35[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).

7.—F38[(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.]

F39[(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 F40[the F41[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 F42[the F41[Child and Family Agency] and each child care advisory committee] shall comply with any such directions.

F43[(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) F44[The F41[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 F45[…] 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 F41[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 F46[…], the provisions of this subsection shall apply with the necessary modifications.

8.—F47[(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), F48[the F49[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 F50[the F51[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.

F52[(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) F53[The F49[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).

9.—(1) F54[…]

F55[(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.]

10.— F56[…]

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) F57[The F58[Child and Family Agency]] may conduct or assist other persons in conducting research into any matter connected with the functions assigned to F57[the F59[Agency]] under this Act.

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 F60[the F61[Child and Family Agency]] under section 13, F62[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 F61[Child and Family Agency].

(4) Where a child is delivered up to the custody of F63[the F61[Child and Family Agency]] in accordance with subsection (3), F63[the F64[Agency]] shall, unless it returns the child to the parent having custody of him or a person acting in loco parentis F65[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 F63[the F64[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 F63[the F64[Agency]] to retain custody of the child pending the hearing of that application.

F66[(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.]

13.—(1) If a justice of the District Court is of opinion on the application of F67[the F68[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 F67[the F68[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 F69[the F68[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 F68[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.

14.—(1)Where a child is delivered up to, or placed in the custody of, F71[the F70[Child and Family Agency] under this Part, the F72[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 F73[the F70[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.

15.—F74[The F75[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.

16.—Where it appears to F78[the F77[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 F79[Agency] to make application for a care order or a supervision order, as it thinks fit.

17.—(1) Where a justice of the District Court is satisfied on the application of F80[the F81[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 F80[the F82[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 F81[Child and Family Agency]—

(a) for a period not exceeding F83[twenty-nine days], or

(b) where the F81[Child and Family Agency] and the parent having custody of the child or person acting in loco parentis consent, for a period exceeding F83[twenty-nine days],

and an extension or extensions of any such period may be granted (with the consent, F83[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.

18.—(1) Where, on the application of F84[the F85[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 F85[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 F85[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 F86[the F85[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 F86[the F85[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 F85[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 F85[Child and Family Agency].

F87[(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 F85[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.]

19.—(1) Where, on the application of F88[the F89[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 F88[the F89[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 F90[the F89[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 F90[the F89[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 F90[the F89[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 F90[the F89[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 F90[the F89[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 F90[the F89[Child and Family Agency]] with effect from the expiration of the first mentioned order.

F91[(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 F89[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.]

20.—F92[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, F93[1995,]

(c) section 5(2), 11(b) or 41 of the Family Law (Divorce) Act, F93[1996, or]

F94[(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 F95[the F96[Child and Family Agency]] to undertake an investigation of the child’s 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 F96[Child and Family Agency].

(3) Where the court gives a direction under subsection (1), the F96[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 F95[the F96[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.

F97[(5) Where the Health Service Executive was directed to undertake an investigation into a child’s 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.]

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.

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.

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 F98[the F99[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 F98[the F99[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.

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.]

23B.—(1) The F103[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 F103[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 F103[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 F103[Child and Family Agency] may, for the purposes of this Part, enter into an arrangement with a person under F104[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 F105[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 F103[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 F103[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 F103[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 F103[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 F103[Child and Family Agency],

(d) guidelines prepared and published by the F103[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.]

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 F107[Child and Family Agency] to detain the child in a special care unit, which the F107[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.]

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 F109[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 F109[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 F109[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 F109[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 F109[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 F109[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 F109[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 F109[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 F109[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 F109[Child and Family Agency] to continue to provide special care to that child and the F109[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.]

23E.—(1) Subject to subsections (7), (9) and (10), nothing in this Act shall be construed as preventing the F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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 F111[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) theF111[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 F111[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.]

23F.—(1) The F113[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 F113[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 F113[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 F113[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 F113[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 F113[Child and Family Agency] shall make arrangements to carry out the consultation referred to in subsection (3).

(3) The F113[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 F113[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 F113[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 F113[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 F113[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 F113[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 F113[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 F113[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 F113[Child and Family Agency] shall apply to the High Court for a special care order.

(9) Where the F113[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 F113[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 F113[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.]

F114[(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.]

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 F116[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 F116[Child and Family Agency], has knowledge of that child and his or her family or other circumstances.

(3) The F116[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 F116[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 F116[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.]

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 F119[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 F119[Child and Family Agency] cannot provide to the child unless a special care order is made in respect of that child,

(e) the F119[Child and Family Agency] has carried out the consultation referred to in section 23F(3) or, where the F119[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 F119[Child and Family Agency] has convened the family welfare conference and the F119[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 F119[Child and Family Agency],

(b) direct the F119[Child and Family Agency] to detain that child in a special care unit, which the F119[Child and Family Agency] considers appropriate for that child, for the purpose of providing that child with special care, and

(c) direct the F119[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 F119[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 F119[Child and Family Agency], at a special care unit specified by the F119[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 F119[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 F119[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.]

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 F121[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.]

23J.—(1) Where a special care order has been made in respect of a child and the F123[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 F123[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 F123[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 F123[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 F123[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 F123[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 F123[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).]

23K.—Where the F125[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 F125[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 F125[Child and Family Agency] shall, as soon as possible, apply to the High Court for an interim special care order.]

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 F129[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 F129[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 F129[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 F129[Child and Family Agency],

(b) direct the F129[Child and Family Agency] to detain that child in a special care unit, which the F129[Child and Family Agency] considers appropriate for that child, for the purpose of providing that child with special care, and

(c) direct the F129[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 F129[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 F129[Child and Family Agency], at a special care unit specified by the F129[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 F129[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 F129[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.