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Child Care Act 1991
Access to children in care.
37.—(1) Where a child is in the care of F328[the F329[Child and Family Agency]] whether by virtue of an order under Part III or IV or otherwise, F328[the F330[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 F328[the F330[Agency]], has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.
F331[(1A) Where a child is in the care of the F329[Child and Family Agency] pursuant to a special care order or an interim special care order, the F329[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 F329[Child and Family Agency], has a bona fide interest in the child.]
F332[(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 F328[the F329[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 F328[the F330[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).
F333[(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:
F328
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.
F329
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.
F330
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.
F331
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 21(a), S.I. No. 637 of 2017.
F332
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.
F333
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 21(c), S.I. No. 637 of 2017.
F334
Substituted by Family Courts Act 2024 (48/2024), s. 80(z), not commenced as of date of revision.
F335
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.
F336
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 21(b), not commenced as of date of revision.
Modifications (not altering text):
C103
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(i), (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;
…
(i) references in section 37 of the Act of 1991 to an order under Part III or IV of that Act shall be construed as references to an involuntary admission order made under section 66;
(j) any other necessary modifications.
…
C104
Prospective affecting provision: subs. (5) amended by Family Courts Act 2024 (48/2024), s. 80(z), not commenced as of date of revision.
F333[(5) In this section, in proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the F334[Family High Court].]
C105
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 F335[by the F329[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] F336[or with arrangements made by the F329[Child and Family Agency] under subsection (1A) (inserted by the Child Care (Amendment) Act 2011)] may apply to the court, and the court may—...