Child Care Act 1991
Removal from placement.
43.—F348[(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.]
(2) Where a person refuses or neglects to comply with a request of F349[the F350[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F349[the F351[Agency]] may apply to the District Court for an order directing that person to deliver up the child to the custody of F349[the F351[Agency]] and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.
(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody of F349[the F350[Child and Family Agency]]), any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F349[the F351[Agency]], to give up the child to F349[the F351[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.
(4) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (2) if that person was present at the sitting of the court at which such an order was made.
(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between F349[the F350[Child and Family Agency]] and that person in respect of the child shall terminate immediately upon the removal.
(6) The provisions of this section are without prejudice to the power of F349[the F350[Child and Family Agency]] to apply for an order under Part III or IV.
Annotations
Amendments:
F348
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 14, S.I. No. 502 of 2013.
F349
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 49(a)-(e), S.I. No. 887 of 2004.
F350
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.
F351
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.
F352
Substituted by Family Courts Act 2024 (48/2024), s. 80(aa)(i), (ii), not commenced as of date of revision.
F353
Substituted by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(5), not commenced as of date of revision.
Modifications (not altering text):
C93
Prospective affecting provisions: subss. (2), (3) amended by Family Courts Act 2024 (48/2024), s. 80(aa), not commenced as of date of revision; subs. (2) amended by Courts and Civil law (Miscellaneous Provisions) Act 2025 (13/2025), s. 9(5), not commenced as of date of revision.
(2) Where a person refuses or neglects to comply with a request of F349[the F350[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F349[the F351[Agency]] may apply to the F352[Family District Court or the Family Circuit Court] for an order directing that person to deliver up the child to the custody of F349[the F351[Agency]] and F353[the judge of the Family District Court or the Family Circuit Court] may, if he considers that it is in the best interests of the child so to do, make such an order.
(3) Without prejudice to the law as to contempt of court, where the F352[Family District Court or the Family Circuit Court] has made an order under subsection (2) (requiring that a child be delivered up to the custody of F349[the F350[Child and Family Agency]]), any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F349[the F351[Agency]], to give up the child to F349[the F351[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.
Editorial Notes:
E141
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.
E142
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).
E143
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).
E144
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).