23NI.—(1) Where a child, in respect of whom a special care order or an interim special care order has been made—

(a) is, without lawful authority or the consent or the knowledge of the F176[Child and Family Agency], removed from the custody of the F176[Child and Family Agency] or a special care unit,

(b) absconds from a special care unit or the custody of the F176[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 F176[Child and Family Agency],

or

(d) is missing or is otherwise absent, without the consent or knowledge of the F176[Child and Family Agency], from the special care unit or place to which he or she has been released in accordance with section 23NF or 23NG,

the F176[Child and Family Agency] shall request the Garda Síochána to search for the child and return the child to the custody of the F176[Child and Family Agency] at the special care unit specified by the F176[Child and Family Agency].

(2) Where a request has, in accordance with subsection (1), been made, the Garda Síochána may take all reasonable measures to comply with the request.

(3) Where the F176[Child and Family Agency] has reasonable grounds for believing that a person can produce a child referred to in subsection (1), the F176[Child and Family Agency] shall apply to the High Court for an order directing that person to deliver the child to the care of the F176[Child and Family Agency].

(4) Where an application referred to in subsection (3) is made and the High Court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce that child, the High Court may make an order directing that person to deliver up that child to the custody of the F176[Child and Family Agency] and may, for the purpose of that order, give directions as it considers necessary and in the best interests of the child.

(5) A person shall be deemed to have been given, or shown, a copy of a warrant issued under subsection (6) if that person was present at the sitting of the High Court at which the warrant was issued.

(6) Where the High Court is satisfied by information on oath that there are reasonable grounds for believing that a child referred to in subsection (1), and who is named in an application, is in a house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, specified in the information, the High Court may, on the application of the F176[Child and Family Agency] in respect of a child referred to in subsection (1), 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, and to search any house or other place specified in the warrant, where the child is, or where there are reasonable grounds for believing that he or she is, and to return the child to the custody of the F176[Child and Family Agency] at the special care unit specified by the F176[Child and Family Agency].

(7) An application for an order under subsection (3) may be made ex parte and may be heard if the High Court is satisfied—

(a) of the urgency of the matter,

(b) that it is necessary for the purpose of protecting the life, health, safety, development or welfare of the child, or

(c) that it is in the interests of justice to do so.

(8) Where a member of the Garda Síochána has reasonable grounds for believing that—

(a) there is an immediate and serious risk to the life, health, safety, development or welfare of a child referred to in subsection (1), and

(b) it would not be sufficient for the protection of that child from such immediate and serious risk to await the making of an application for a warrant under subsection (6),

the member, accompanied by such other persons as may be necessary, may, without a 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 or aircraft, and remove the child to safety and return the child to the custody of the F176[Child and Family Agency] at the special care unit specified by the F176[Child and Family Agency].

(9) Subsection (8) is without prejudice to any other powers exercisable by a member of the Garda Síochána.

(10) Where a child is removed to safety by a member of the Garda Síochána in accordance with subsection (8), the child shall be returned to the custody of the F176[Child and Family Agency] at the special care unit specified by the F176[Child and Family Agency].]