23NF.—(1) Notwithstanding the detention of a child in a special care unit pursuant to a special care order or an interim special care order, the F168[Child and Family Agency] may apply to the High Court to vary that special care order or interim special care order to authorise the release of the child from the special care unit for all or any of the purposes referred to in subsection (2).

(2) The purposes referred to in subsection (1) are:

(a) to place the child in a children’s residential centre or to permit the child to reside with a parent or a relative, including a parent or relative who resides outside the State, for a specified period as the F168[Child and Family Agency] considers appropriate having regard to the care requirements of the child;

(b) the provision to the child of medical or psychiatric examination, treatment or assessment;

(c) the provision to the child, outside the State, of medical or psychiatric examination, treatment or assessment;

(d) release on compassionate grounds;

(e) educational and recreational outings from the special care unit;

(f) to promote the welfare of the child, having regard to his or her care requirements and to adequately address his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare.

(3) An application under this section may be made—

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

(b) at a review under section 23I,

(c) with an application under section 23J or 23N, or

(d) at any other time during the period for which the special care order or interim special care order has effect.

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

(5) Where the F168[Child and Family Agency] considers it appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of an application referred to in subsection (3)(d).

(6) Where a direction has been made under section 23NA(2)(b) in respect of an application under this section, the F168[Child and Family Agency] shall inform the person in respect of whom that direction was made of an application referred to in subsection (3)(d).

(7) The High Court may—

(a) vary the special care order or interim special care order to authorise the release of the child from the special care unit during the period for which the special care order or interim special care order has effect for all or any of the purposes referred to in subsection (2) where it is satisfied that the release is necessary for the protection of his or her life, health, safety, development or welfare and is in the best interests of the child,

(b) make such other provision and give directions in respect of the release as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child, and

(c) without prejudice to the generality of paragraphs (a) and (b), vary the special care order or interim special care order for a specified period or a number of specified periods and may include terms and conditions as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(8) Without prejudice to the generality of subsection (7), a variation under this section may provide for the care of the child during the release and where the release is for the purpose—

(a) referred to in subsection (2)(c), or

(b) referred to in subsection (2)(a) and the parent or relative concerned resides outside the State,

the variation, or direction, may provide—

(i) in respect of the purpose referred to in paragraph (a), for the placement of the child in a specified place in which such examination, treatment or assessment is to be provided to the child, or

(ii) in respect of the purpose referred to in paragraph (b), any matter relating to the residence of the child with the parent or relative concerned.

(9) Notwithstanding subsection (1), the F168[Child and Family Agency] may release a child from a special care unit where—

(a) the child requires medical treatment, assessment or examination immediately, or

(b) the release is required immediately on compassionate grounds.

(10) After a release referred to in subsection (9) the F168[Child and Family Agency] shall—

(a) inform the High Court as soon as practicable, of the release and the reasons for it,

(b) subject to a direction under section 23NA(2)(a), inform a person referred to in section 23G(1)(a) as soon as possible of the release and the reasons for it unless he or she is dead, missing or cannot be found, and

(c) where appropriate to the circumstances of the child and subject to a direction under section 23NA(2)(a), inform a person referred to in section 23G(1)(b) as soon as possible of the release and the reasons for it unless he or she is dead, missing or cannot be found.

(11) Where a child has been released from a special care unit under subsection (9) and the F168[Child and Family Agency] considers it appropriate, having regard to the circumstances of the child, it may, subject to a direction under section 23NA(2)(a), inform any other person, including a person referred to in section 23G(2) of the release and the reasons for it.

(12) Where a child has been released under subsection (9) and a direction has been made under section 23NA(2)(b) in respect of an application under this section, the F168[Child and Family Agency] shall inform the person in respect of whom that direction was made, of the release under this section.

(13) Where a child is released for the purpose referred to in subsection (9)(a) the child may remain in the place in which such treatment, assessment or examination is provided to him or her for such period as is required for such treatment, assessment or examination.

(14) Where a child is released from the special care unit pursuant to this section, including a release referred to in subsection (9), the period of the release concerned shall be included in the period for which the special care order or the interim special care order has effect.

(15) Without prejudice to the generality of subsections (7) and (8), where a child is released from the special care unit—

(a) for the purpose referred to in subsection (2)(c), or

(b) the purpose, referred to in subsection (2)(a) and the parent or relative concerned resides outside the State,

the High Court shall satisfy itself of all factors relevant to the welfare of the child in respect of—

(i) the provision, referred to in subsection (2)(c), to the child of medical or psychiatric examination, treatment or assessment outside the State, or

(ii) the residence of the child with a parent or relative, referred to in subsection (2)(a), outside the State,

before it varies the special care order or the interim special care order concerned.]