Child Care Act 1991

Interpretation.

2

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

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

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

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

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

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

F4[…]

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

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.

Annotations

Amendments:

F1

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

F2

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

F3

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

F4

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

F5

Inserted (1.07.2024) by Child Care (Amendment) Act 2022 (21/2022), s. 3, S.I. No. 302 of 2024.

F6

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

F7

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

F8

Inserted (30.09.2024) by Child Care (Amendment) Act 2024 (19/2024), s. 2, S.I. No. 495 of 2024.

F9

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

F10

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

F11

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

F12

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

Modifications (not altering text):

C5

Prospective affecting provisions:

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

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

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

not commenced as of date of revision.

Interpretation.

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

...

F9["children’s residential centre" means an institution for the residential care of children in the care of the F10[Child and Family Agency] or of other children in need of adequate care and protection but does not include—

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

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

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

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

F11[(da) a special care unit, ]

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

...

F12[(3) For the purposes of the definition of "children’s residential centre" in subsection (1), "institution" means a home, centre or institution or part of a home, centre or institution.]

Editorial Notes:

E28

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