Child Care Act 1991

Review of cases of children in care.

42

42.—(1) The Minister shall make regulations requiring the case of each child in the care of F295[the F296[Child and Family Agency]] to be reviewed in accordance with the provisions of the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) as to the manner in which each case is to be reviewed,

(b) as to the frequency of reviews, and

(c) requiring the F296[Child and Family Agency] to consider whether it would be in the best interests of the child to be given into the custody of his parents.

Annotations

Amendments:

F295

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 48(a) and (b), S.I. No. 887 of 2004.

F296

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.

F297

Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 22, not commenced as of date of revision.

Modifications (not altering text):

C49

Prospective affecting provision: subs. (3) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 22, not commenced as of date of revision.

Review of cases of children in care.

42.— ...

F297[(3) Regulations under this section shall not apply to children who are the subject of special care orders or interim special care orders during the period those orders have effect.]

Editorial Notes:

E130

Role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.

E131

Power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004).

E132

Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).

E133

Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).

E134

Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).

E135

Previous affecting provision: "Health Service Eecutive" substituted (1.01.2005) for "board" in subs. (2)(c) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 48(b), S.I. No. 887 of 2004; substituted as per F-note above.

E136

Previous affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.