Child Care Act 1991

Regulations as to residential care.

40

40.—(1) The Minister shall make regulations in relation to the placing of children in residential care (whether in children’s residential centres or in other institutions) by F289[the F290[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.

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

(a) fix the conditions under which children may be placed in residential care;

(b) prescribe the form of contract to be entered into by F289[the F290[Child and Family Agency]] with persons providing residential care;

(c) provide for the supervision and visiting by F289[the F290[Child and Family Agency]] of children in residential care.

Annotations

Amendments:

F289

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 46(a) and (b), S.I. No. 887 of 2004.

F290

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.

Editorial Notes:

E118

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.

E119

Power pursuant to section exercised (21.12.2015) by Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015 (S.I. No. 605 of 2015).

E120

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).

E121

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.