Child Care Act 1991

Accommodation and maintenance of children in care.

36

36.—(1) Where a child is in the F272[care of the F273[Child and Family Agency]], F274[subject to subsection (4),] F272[the F275[Agency] shall] provide such care for him, subject to its control and supervision, in such of the following ways as it considers to be in his best interests—

(a) by placing him with a foster parent, or

(b) by placing him in residential care (whether in a children’s residential centre registered under Part VIII, in a residential home maintained F272[by the F275[Agency]] or in a school or other suitable place of residence), or

(c) in the case of a child who may be eligible for adoption under the Adoption Acts, 1952 to 1988, by placing him with a suitable person with a view to his adoption, or

(d) by making such other suitable arrangements (which may include placing the child with a relative) F272[as the F275[Agency]] thinks proper.

(2) In this Act, “foster parent” means a person other than a relative of a child who is taking care of the child on behalf of F272[the F273[Child and Family Agency]] in accordance with regulations made under section 39 and “foster care“ shall be construed accordingly.

(3) Nothing in this section shall prevent F272[the F273[Child and Family Agency]] sending a child in its care to any hospital or to any institution which provides nursing or care for children suffering from physical or mental disability.

F274[(4) A placement referred to in subsection (1) shall not be made in respect of a child who is the subject of a special care order or an interim special care order during the period for which that order has effect.]

Annotations

Amendments:

F272

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 42(a) and (b), S.I. No. 887 of 2004.

F273

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.

F274

Inserted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 7, S.I. No. 636 of 2017.

F275

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F276

Substituted by Health Act 2007, s. 105 and sch. 2 part 1 item 4, not commenced as of date of revision.

Modifications (not altering text):

C45

Prospective affecting provision: subs. (1)(b) substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 4, not commenced as of date of revision.

F276[ (b) by placing him or her in residential care (whether in a children’s residential centre or in a school or other suitable place of residence), or ]

Editorial Notes:

E107

Previous affecting provision: subs. (1) amended and subs. (4) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 20, not commenced; s. 20 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 15 and sch. 2, S.I. No. 626 of 2017.