Children Act 2001

Permitted absence.

202

202.—(1) The Director of a children detention school may, by order in writing, permit a child to be absent from the school, whether or not accompanied—

( a) for the purpose of attending the funeral of a relative,

( b) for the purpose of visiting a relative who is seriously ill, or

( c) for any other purpose of exceptional importance that the Director thinks proper, being a purpose which the Director considers to be directly associated with the welfare or rehabilitation of the child concerned.

(2) The order shall specify the period for which the child may be absent from the school and the purpose for which it was made.

(3) A copy of the order shall be given to the child at or before the commencement of the absence.

(4) The order may be subject to any conditions, limitations or restrictions that the Director thinks appropriate to impose.

(5) The child to whom a copy of the order is given shall carry the copy at all times during the permitted absence.

(6) A failure, without reasonable excuse, by a child to return to the school when his or her period of permitted absence has expired shall be treated as a breach of the discipline of the school.

(7) A member of the Garda Síochána who detects any child in breach of subsection (6), or of any conditions, limitations or restrictions to which the order permitting the absence is subject, shall so inform the Director of the school concerned and return the child to the school.

(8) The period of a child’s permitted absence from a school shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the period of permitted absence has expired, the time that elapses thereafter shall be excluded in calculating the time during which he or she is to be detained.