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Child Care Act 1991
Warrant to search for and deliver up a child.
35.—Where a justice has made an order under Part IV directing that a child be placed or maintained in the care of F294[the F295[Child and Family Agency]], a justice may for the purpose of executing that order 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) any house or other place specified in the warrant (including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F294[the F295[Child and Family Agency]].
Annotations
Amendments:
F294
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 41, S.I. No. 887 of 2004.
F295
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.
F296
Substituted by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(4)(a), (b), not commenced as of date of revision.
Modifications (not altering text):
C78
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(d), (2)(j), not commenced as of date of revision.
60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.
(2) The modifications referred to in subsection (1) are as follows:
(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;
…
(d) references in section 35 of the Act of 1991 to an order made under Part IV of that Act and to the Agency shall be construed as references to an involuntary admission order made under section 66 and to the Executive respectively;
…
(j) any other necessary modifications.
…
C79
Prospective affecting provision: section amended by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(4)(a), (b), not commenced as of date of revision.
35.—Where F296[a judge] has made an order under Part IV directing that a child be placed or maintained in the care of F294[the F295[Child and Family Agency]], F296[a judge of the Family District Court, the District Court or the Family Circuit Court] may for the purpose of executing that order 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) any house or other place specified in the warrant (including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F294[the F295[Child and Family Agency]].