23ND.—(1) Where a special care order or an interim special care order has effect the F163[Child and Family Agency]—

(a) shall have the like control over the child as if it were a parent of that child,

(b) shall do what is reasonable, subject to this Part, to promote his or her health, development or welfare and protect his or her life, health, safety, development or welfare, having regard to all the circumstances of the child,

(c) shall have the authority to decide on the special care to be provided to the child having regard to his or her care requirements and the special care unit in which a child is to be detained,

(d) shall have the authority to give consent to any medical or psychiatric examination, treatment or assessment in respect of the child,

(e) shall have the authority to give consent to the application for, and issuing of, a passport to the child, or the provision of passport facilities to the child, for the purpose of—

(i) obtaining medical or psychiatric assessment, examination and treatment outside the State,

(ii) permitting the child to reside, outside the State, with a parent or relative, or

(iii) obtaining such assessment, examination and treatment referred to in subparagraph (i) and permitting such residence referred to in subparagraph (ii),

in accordance with section 23NF, and

(f) shall take all steps that are reasonably open to it to prevent the child from absconding from the special care unit or the custody of the F163[Child and Family Agency].

(2) Where the F163[Child and Family Agency] has given its consent in accordance with this section, such consent shall be sufficient authority for the carrying out of any medical or psychiatric assessment or examination, or the provision to the child of medical or psychiatric treatment, or the issue of a passport or the provision of passport facilities.

(3) Nothing in subsection (1)(d) or (2) shall be construed as making ineffective any consent which would have been effective if those provisions had not been enacted.

(4) Where a child is detained in a special care unit, the F163[Child and Family Agency]—

(a) shall, from time to time, continue to assess his or her care requirements, and

(b) having made an assessment referred to in paragraph (a), shall from time to time—

(i) assess the effect of the special care provided to the child in relation to his or her care requirements, the behaviour of the child and risk of harm posed by that behaviour, and

(ii) satisfy itself that the child continues to require special care to adequately address that behaviour and risk of harm and those care requirements.

(5) The F163[Child and Family Agency] may release the child from the special care unit for the purpose referred to in section 23NF(2)(c), in accordance with section 23NF.

(6) The F163[Child and Family Agency] may transfer a child from one special care unit to another special care unit.

(7) Where the F163[Child and Family Agency] proposes to transfer a child to another special care unit, subject to a direction under section 23NA(2)(a), the F163[Child and Family Agency] shall—

(a) notify, subject to paragraph (b)—

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

(ii) a guardian, if any, of the child unless the guardian is missing or cannot be found,

of that proposal, or

(b) where the transfer is required for the immediate safety of the child, notify—

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

(ii) a guardian, if any, of the child unless the guardian is missing or cannot be found,

of the location of the special care unit to which the child has been transferred.

(8) The F163[Child and Family Agency] shall, for the purposes of subsection (7), take all steps reasonably open to it to locate a person referred to in paragraph (a) or (b) of subsection (7).]