Child Care Act 1991

Access to children in care.

37

37.—(1) Where a child is in the care of F277[the F278[Child and Family Agency]] whether by virtue of an order under Part III or IV or otherwise, F277[the F279[Agency]] shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of F277[the F279[Agency]], has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.

F280[(1A) Where a child is in the care of the F278[Child and Family Agency] pursuant to a special care order or an interim special care order, the F278[Child and Family Agency] shall, subject to this Act, and to a direction, if any, given under section 23NA(2)(a) (inserted by the Child Care (Amendment) Act 2011), and in accordance with that special care order or interim special care order and that direction, if any, facilitate reasonable access to the child in the special care unit by his or her parents, a person acting in loco parentis, a guardian or any other person who, in the opinion of the F278[Child and Family Agency], has a bona fide interest in the child.]

F281[(2) Any person who is dissatisfied with arrangements made by the Child and Family Agency under subsection (1) or (1A) or by the Health Service Executive under those subsections before the establishment of that Agency may apply to the court, and the court may—

(a) make such order as it thinks proper regarding access to the child by that person, and

(b) vary or discharge that order on the application of any person.]

(3) The court, on the application of F277[the F278[Child and Family Agency]], and if it considers that it is necessary to do so in order to safeguard or promote the child’s welfare, may—

(a) make an order authorising F277[the F279[Agency]] to refuse to allow a named person access to a child in its care, and

(b) vary or discharge that order on the application of any person.

(4) This section is without prejudice to section 4 (2).

F282[(5) In this section, in proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the High Court.]

Annotations

Amendments:

F277

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 43(a)-(c), S.I. No. 887 of 2004.

F278

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 and (31.12.2017) Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 8, S.I. No. 636 of 2017.

F279

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.

F280

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 21(a), S.I. No. 637 of 2017.

F281

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 13, S.I. No. 502 of 2013.

F282

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 21(c), S.I. No. 637 of 2017.

F283

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 43(a)-(c), S.I. No. 887 of 2004.

F284

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 21(b), not commenced as of date of revision.

Modifications (not altering text):

C46

Prospective affecting provisions: words in subs. (2) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 21(b), not commenced as of date of revision.

(2) Any person who is dissatisfied with arrangements made F283[by the F278[Child and Family Agency] under subsection (1) or by a health board under that subsection before the amendment of the subsection by the Health Act 2004] F284[or with arrangements made by the F278[Child and Family Agency] under subsection (1A) (inserted by the Child Care (Amendment) Act 2011)] may apply to the court, and the court may—...