Child Care (Amendment) Act 2011

29.

Amendment of section 8 of Act of 2001.

29.— Section 8 (as amended by the Act of 2004) of the Act of 2001 is amended—

(a) in subsection (1) by substituting “A family welfare conference” for “A family welfare conference shall”,

(b) in paragraph (a) of subsection (1)—

(i) by substituting “referred to in section 7(1)(b), shall consider whether” for “decide if”,

(ii) by substituting “requires” for “is in need of”, and

(iii) by substituting “under Part IVA (as amended by the Child Care (Amendment) Act 2011)” for “or protection which the child is unlikely to receive unless an order is made in respect of him or her under Part IVA (inserted by this Act)”,

(c) in paragraph (b) of subsection (1)—

(i) by substituting “referred to in section 7(1)(b), shall, if it is considered that the child requires special care” for “if it decides that a child is in such need”, and

(ii) by substituting “a special care order,” for “an order under that Part, and”,

(d) in paragraph (c) of subsection (1)—

(i) by substituting “referred to in section 7(1)(a) shall,” for “if it does not so decide,”,

(ii) by substituting “a care order, a supervision order, a special care order or other care” for “a care order or a supervision order”, and

(iii) by substituting “in respect of the child, and” for “in respect of the child.”,

and

(e) in subsection (1) by inserting the following paragraph after paragraph (c):

“(d) referred to in section 7(1)(b) shall, if it is considered that the child does not require special care, make such recommendations to the Health Service Executive in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, care, other than special care, under the Act of 1991.”.