Child Care Act 1991
F178[Applications for special care orders or interim special care orders generally.
23NJ.—(1) Nothing in this Act shall be construed as preventing the F179[Child and Family Agency] fro
m applying for a special care order or an interim special care order, in respect of a child who has previously been the subject of—
(a) an application for a special care order or an interim special care order,
(b) a special care order, whether or not the period for which it had effect was extended in accordance with section 23J, or
(c) an interim special care order, whether or not the period for which it had effect was extended in accordance with section 23N.
(2) Where a special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23J, the F179[Child and Family Agency] may apply for another special care order in respect of that child—
(a) at any time after the first-mentioned special care order ceased to have effect, or
(b) during the period for which the first-mentioned special care order has effect,
and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order, the first-mentioned special care order shall cease to have effect immediately following the making of that special care order.
(3) Where an interim special care order has been made in respect of a child, whether or not the period for which it had effect was extended in accordance with section 23N, the F179[Child and Family Agency] may apply for another interim special care order in respect of that child, subject to subsection (4), at any time after the first-mentioned interim special care order ceased to have effect.
(4) Subsection (3) shall not apply in respect of a hearing, referred to in section 23M(1)(a), held pursuant to the making of an interim special care order ex parte.
(5) Where an interim special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23N, the F179[Child and Family Agency] may apply for a special care order in respect of that child—
(a) at any time after the interim special care order ceased to have effect, or
(b) during the period for which the interim special care order has effect,
and where the High Court, pursuant to an application to which paragraph (b) refers—
(i) makes the special care order, the interim special care order shall cease to have effect immediately following the making of that special care order, or
(ii) if the High Court refuses to make the special care order it shall discharge the interim special care order.
(6) The F179[Child and Family Agency] may apply for a special care order, or an interim special care order, in respect of a child who is, or has previously been the subject of an order of the High Court the effect of which was to detain a child in secure residential accommodation and such application may be made, in accordance with this Part—
(a) at any time after that High Court order ceased to have effect, or
(b) during the period for which that High Court order has effect,
and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order or, as the case may be, the interim special care order it shall give directions in respect of the cessation of the effect of that High Court order.]
Annotations
Amendments:
F178
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.
F179
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.
F180
Substituted by Family Courts Act 2024 (48/2024), s. 80(h), not commenced as of date of revision.
Modifications (not altering text):
C43
Prospective affecting provision: subss. (2), (5), (5)(ii), (6), (6)(a), (b) amended by Family Courts Act 2024 (48/2024), s. 80(h), not commenced as of date of revision.
F178[ ...
and where the F180[Family High Court], pursuant to an application to which paragraph (b) refers, makes the special care order, the first-mentioned special care order shall cease to have effect immediately following the making of that special care order.
...
(5) ...
and where the F180[Family High Court], pursuant to an application to which paragraph (b) refers—
...
(ii) if the F180[Family High Court] refuses to make the special care order it shall discharge the interim special care order.
(6) The F179[Child and Family Agency] may apply for a special care order, or an interim special care order, in respect of a child who is, or has previously been the subject of an order of the F180[Family High Court] the effect of which was to detain a child in secure residential accommodation and such application may be made, in accordance with this Part—
(a) at any time after that F180[Family High Court] order ceased to have effect, or
(b) during the period for which that F180[Family High Court] order has effect,
and where the F180[Family High Court], pursuant to an application to which paragraph (b) refers, makes the special care order or, as the case may be, the interim special care order it shall give directions in respect of the cessation of the effect of that F180[Family High Court] order.]
