Child and Family Agency Act 2013
Number 40 of 2013
CHILD AND FAMILY AGENCY ACT 2013
REVISED
Updated to 31 December 2023
This Revised Act is an administrative consolidation of the Child and Family Agency Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the European Union (Restrictive Measures concerning the Democratic Republic of the Congo) (No. 2) Regulations 2023 (S.I. No. 711 of 2023), made 20 December 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 40 of 2013
CHILD AND FAMILY AGENCY ACT 2013
REVISED
Updated to 31 December 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Child and Family Agency
7. Establishment of Child and Family Agency
9. Best interests and views of the child
10. Agreements between Agency and public bodies concerning performance of functions
11. Informal arrangements between Agency and public bodies concerning performance of functions
14. Duty of Agency to furnish information
15. Requirement to furnish information and documents
16. Minister may share information and documents in certain circumstances
17. Use of information and documents
Board of Agency
19. Membership of Board of Agency
20. Filling of casual vacancies
24. Removal of all members of the Board from office
26. Membership of either House of Oireachtas, European Parliament or local authority
27. Remuneration and expenses of the members of the Board and committees
Chief Executive Officer
28. Appointment of chief executive officer
29. Functions of chief executive officer and their performance by deputy
30. Delegation of functions by chief executive officer
31. Effect of delegation and sub-delegation of functions
32. Certificate evidence concerning delegation of functions
33. Accountability of chief executive officer to Committee of Public Accounts
34. Accountability of chief executive officer to other Oireachtas Committees
Standards and Disqualifications
38. Availability of codes of conduct
40. Unauthorised disclosure of confidential information
Accountability and Funding of Agency
43. Publication of approved corporate plan
44. Annual performance statement
45. Determination by Minister of net expenditure limits for Agency
47. Power of Minister to give direction to Agency
48. Power of Minister to issue guidelines to Agency
49. Permission of Minister needed for major capital spending
52. Advances by Minister to Agency
Employees and Advisers
Provision of Services
56. Arrangements with service providers
57. Provision of services by statutory body
58. Particular arrangements — special care and residential places
Complaints
61. Persons who may make complaints
62. Time limit for making complaints
63. Matters excluded from right to complain
64. Complaint and review procedures to be established
65. Refusal to investigate or further investigate complaints
68. Regulations for the purposes of this Part
69. Referral of complaints to Ombudsman or Ombudsman for Children
70. Annual report to include report on complaints and reviews
Dissolution of Family Support Agency and National Educational Welfare Board
71. Dissolution of Family Support Agency and National Educational Welfare Board
72. Transfer of functions to Agency
73. Transfer of members of staff of dissolved bodies
74. Property and rights and liabilities of dissolved bodies
75. Preservation of contracts made by dissolved bodies
76. Records of dissolved bodies
77. Liability for loss occurring before establishment day
78. References to dissolved bodies in enactments made before establishment day
79. Final accounts of dissolved bodies
80. Final annual report of dissolved bodies
81. Transitional provisions consequent upon transfer of functions of dissolved bodies
Transfer of Certain Staff, Functions, etc. of Health Service Executive to Agency
82. Transfer of certain functions of Health Service Executive
83. Transfer of certain employees of Health Service Executive
84. Land and other property of Health Service Executive
85. Transfer of rights and liabilities of Health Service Executive
86. Preservation of contracts of Health Service Executive
87. Records of Health Service Executive
88. Pending legal proceedings — Health Service Executive
89. Continuation of delegations and sub-delegations made under Health Act 2004
90. References to Health Service Executive in enactments made before establishment day
Amendment of Child Care Act 1991
92. Amendment of Child Care Act 1991
Miscellaneous
93. Continuation of appointments, designations and authorisations
94. Agency’s discretion to publish other reports
95. Charges in relation to functions
96. Amendment of the Taxes Consolidation Act 1997
97. Consequential amendments of other Acts
Functions of Health Service Executive Transferred to Agency
Amendments of other Acts
Guardianship of Infants Act 1964
Family Law (Maintenance of Spouses and Children) Act 1976
The Unfair Dismissals Act 1977
Child Care Act 1991
Child Abduction and Enforcement of Custody Orders Act 1991
Family Law Act 1995
Domestic Violence Act 1996
Refugee Act 1996
Freedom of Information Act 1997
Protection for Persons Reporting Child Abuse Act 1998
Education Act 1998
Immigration Act 1999
Education (Welfare) Act 2000
Children Act 2001
Local Government Act 2001
Sex Offenders Act 2001
Youth Work Act 2001
Immigration Act 2003
Health Act 2004
Health Act 2007
Amendment of Adoption Act 2010
Repeals
Acts Referred to
Adoption Act 2010 (No. 21)
Arts Act 2003 (No. 24)
Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6)
Child Care (Amendment) Act 2007 (No. 26)
Child Care (Amendment) Act 2011 (No. 19)
Child Care Act 1991 (No. 17)
Children Act 2001 (No. 24)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Act 1990 (No. 33)
Companies Acts
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Disability Act 2005 (No. 14)
Domestic Violence Act 1996 (No. 1)
Education (Welfare) Act 2000 (No. 22)
Education Act 1998 (No. 51)
Education for Persons with Special Educational Needs Act 2004 (No. 30)
Ethics in Public Office Act 1995 (No. 22)
European Parliament Elections Act 1997 (No. 2)
Family Law Act 1995 (No. 26)
Family Support Agency Act 2001 (No. 54)
Finance Act 2010 (No. 5)
Health Act 2004 (No. 42)
Health Service Executive (Governance) Act 2013 (No. 23)
Higher Education Authority Act 1971 (No. 22)
Immigration Act 1999 (No. 22)
Immigration Act 2003 (No. 26)
Irish Sports Council Act 1999 (No. 6)
Local Government Act 2001 (No. 37)
Minimum Notice and Terms of Employment Acts 1973 to 2005
Ombudsman Acts 1980 to 2012
Ombudsman For Children Act 2002 (No. 22)
Organisation of Working Time Act 1997 (No. 20)
Protection of Employees (Part-Time Work) Act 2001 (No. 45)
Protections for Persons Reporting Child Abuse Act 1998 (No. 49)
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Redundancy Payments Acts 1967 to 2007
Refugee Act 1996 (No. 17)
Social Welfare Acts
Standards in Public Office Act 2001 (No. 31)
Taxes Consolidation Act 1997 (No. 39)
Unfair Dismissals Acts 1977 to 2007
Youth Work Act 2001 (No. 42)
Number 40 of 2013
CHILD AND FAMILY AGENCY ACT 2013
REVISED
Updated to 31 December 2023
An Act to provide for the establishment of a body to be known as the Child and Family Agency; to provide for the dissolution of the Family Support Agency and the National Educational Welfare Board; to provide for the transfer of the functions of the National Educational Welfare Board to the Child and Family Agency; to provide for the transfer of certain functions of the Health Service Executive to the Child and Family Agency; to amend the Child Care Act 1991 to provide for registration of early years services and to provide for matters connected therewith.
[15th December, 2013]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Application of Act extended (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 10(3), in effect as per reg. 1(2).
Unaccompanied minors
10. ...
(3) The Child Care Act 1991 as amended, the Child and Family Agency Act 2013, the Children First Act 2015 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply to unaccompanied minors.
...
Editorial Notes:
E1
Requirement to notify Child and Family Agency and application of Act to persons believed to be unaccompanied minors or minors accompanied by persons not considered to have responsibility for care and protection of child provided (31.12.2016) by International Protection Act 2015 (66/2015), ss. 14 and 35, S.I. No. 663 of 2016.