Child Care Act 1991

F154[Sections 23H and 23L: supplemental provisions.

23NA

23NA.(1) Where the High Court has made a special care order or an interim special care order in respect of a child, it may, on the application of the F155[Child and Family Agency], make an order, for the duration of the period for which that special care order or interim special care order has effect, directing the Garda Síochána, when requested by the F155[Child and Family Agency], to search for and find the child and to deliver the child to the custody of the F155[Child and Family Agency] at a special care unit specified by the F155[Child and Family Agency] where the child

(a) is, without lawful authority or the consent or knowledge of the F155[Child and Family Agency], removed from the custody of the F155[Child and Family Agency] or from a special care unit,

(b) absconds from a special care unit or the custody of the F155[Child and Family Agency],

(c) fails to return, or is prevented from returning to

(i) a special care unit, or

(ii) the custody of the F155[Child and Family Agency],

or

(d) is missing or is otherwise absent, without the consent or knowledge of the F155[Child and Family Agency], from a special care unit or place to which he or she has been released under section 23NF or 23NG.

(2) Where the High Court makes a special care order or an interim special care order, the High Court, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, on its own motion or on the application of a parent, a guardian of the child, a person in loco parentis or the F155[Child and Family Agency]

(a) may, for the purpose of protecting the life, health, safety, development or welfare of the child

(i) give directions in relation to the withholding of the address of the special care unit from a named person,

(ii) give directions in relation to the access, if any, to the child by a named person and the conditions under which that access is to be permitted, and

(iii) direct that, notwithstanding sections 23I(2), 23J(3), 23N(3), 23NE(6), 23NE(7), 23NE(8), 23NF(4) and 23NG(3), a review under section 23I and an application under sections 23J, 23N, 23NE, 23NF and 23NG, or any of them, shall be made otherwise than on notice to a named person, being a person to whom notice of such review or application is made pursuant to those sections,

and

(b) may, where it has made a direction under section 23G(5), for the purpose of protecting the life, health, safety, development or welfare of the child, direct that the person referred to in that subsection be informed of a review under section 23I and an application under sections 23J, 23N, 23NE, 23NF and 23NG, or any of them.

(3) Where the High Court makes a special care order or an interim special care order and before that order was made the F155[Child and Family Agency] was unable to locate

(a) a parent having custody of the child concerned,

(b) a guardian of the child, if any, or

(c) a person in loco parentis,

the F155[Child and Family Agency] shall take all steps reasonably open to it to find that parent, guardian or person and, subject to a direction under subsection (2)(a) and section 23M(2), or any other order or direction of the High Court, inform him or her

(i) that a special care order or an interim special care order has been made in respect of the child and the terms and conditions of that order,

(ii) of the name and location of the special care unit in which the child is detained, and

(iii) of an order made, or warrant issued, if any, under section 23H or 23L, an order, if any, made under subsection (1), and a direction, if any, made under subsection (2).

(4) Where the High Court makes a direction referred to in section 23G(6) and, following that direction, makes a special care order or an interim special care order in respect of the child, subject to that direction, or other order or direction of the High Court including a direction referred to in subsection (2)(a), the F155[Child and Family Agency] shall take all steps reasonably open to it to inform that parent or person

(a) that the special care order or interim special care order has been made in respect of the child and the terms and conditions of that order,

(b) of the name and location of the special care unit in which the child is detained, and

(c) of an order made, or warrant issued, if any, made under section 23H, or 23L, an order, if any, made under subsection (1), and a direction, if any, made under subsection (2).

(5) Where the High Court makes a special care order or an interim special care order, the F155[Child and Family Agency], may apply to the High Court for an order to require a parent, or both parents, to pay to the F155[Child and Family Agency] a sum of money as a contribution towards the cost of maintaining the child, in each week or other period and the application shall be on notice to the parent concerned or both of them.

(6) Where

(a) an application under subsection (5) is made, the High Court shall have regard to the means of a parent, or both parents, and where it makes the order it may give directions and make such other provision as it considers necessary, and

(b) the High Court makes the order referred to in subsection (5), a parent, or both parents, may apply to the High Court to vary or discharge the order to pay the sum of money referred to in subsection (5).

(7) Where the High Court makes an interim special care order, the F155[Child and Family Agency] shall, as soon as possible, take all steps reasonably open to it to make a determination, in respect of the child concerned, under, and in accordance with, section 23F.

(8) A person shall be deemed to have been given, or shown, a copy of an order referred to in subsection (1) if that person was present at the sitting of the High Court at which that order was made.

(9) The duration of the period for which the order made under subsection (1) has effect, may be extended with an application under section 23J or 23N.]

Annotations

Amendments:

F154

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F155

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.

F156

Substituted by Family Courts Act 2024 (48/2024), s. 80(h), not commenced as of date of revision.

Modifications (not altering text):

C35

Prospective affecting provision: subss. (1), (2), (3), (4), (5), (6)(a), (b), (7), (8) amended by Family Courts Act 2024 (48/2024), s. 80(h), not commenced as of date of revision.

F154[...

23NA.(1) Where the F156[Family High Court] has made a special care order or an interim special care order in respect of a child, it may, on the application of the F155[Child and Family Agency], make an order, for the duration of the period for which that special care order or interim special care order has effect, directing the Garda Síochána, when requested by the F155[Child and Family Agency], to search for and find the child and to deliver the child to the custody of the F155[Child and Family Agency] at a special care unit specified by the F155[Child and Family Agency] where the child

...

(2) Where the F156[Family High Court] makes a special care order or an interim special care order, the F156[Family High Court], having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, on its own motion or on the application of a parent, a guardian of the child, a person in loco parentis or the F155[Child and Family Agency]

...

(3) Where the F156[Family High Court] makes a special care order or an interim special care order and before that order was made the F155[Child and Family Agency] was unable to locate

...

the F155[Child and Family Agency] shall take all steps reasonably open to it to find that parent, guardian or person and, subject to a direction under subsection (2)(a) and section 23M(2), or any other order or direction of the F156[Family High Court], inform him or her

...

(4) Where the F156[Family High Court] makes a direction referred to in section 23G(6) and, following that direction, makes a special care order or an interim special care order in respect of the child, subject to that direction, or other order or direction of the F156[Family High Court] including a direction referred to in subsection (2)(a), the F155[Child and Family Agency] shall take all steps reasonably open to it to inform that parent or person

...

(5) Where the F156[Family High Court] makes a special care order or an interim special care order, the F155[Child and Family Agency], may apply to the F156[Family High Court] for an order to require a parent, or both parents, to pay to the F155[Child and Family Agency] a sum of money as a contribution towards the cost of maintaining the child, in each week or other period and the application shall be on notice to the parent concerned or both of them.

(6) Where

(a) an application under subsection (5) is made, the F156[Family High Court] shall have regard to the means of a parent, or both parents, and where it makes the order it may give directions and make such other provision as it considers necessary, and

(b) the F156[Family High Court] makes the order referred to in subsection (5), a parent, or both parents, may apply to the F156[Family High Court] to vary or discharge the order to pay the sum of money referred to in subsection (5).

(7) Where the F156[Family High Court] makes an interim special care order, the F155[Child and Family Agency] shall, as soon as possible, take all steps reasonably open to it to make a determination, in respect of the child concerned, under, and in accordance with, section 23F.

(8) A person shall be deemed to have been given, or shown, a copy of an order referred to in subsection (1) if that person was present at the sitting of the F156[Family High Court] at which that order was made.

...]