Child and Family Agency Act 2013

8

Functions of Agency

8. (1) The functions of the Agency shall be to—

(a) perform the functions transferred to it by sections 72 and 82,

(b) support and promote the development, welfare and protection of children,

(c) support and encourage the effective functioning of families,

(d) maintain and develop support services, including support services in local communities, relating to the functions specified in paragraph (a), (b) or (c),

(e) carry on such activities or publish such information concerning the functions specified in paragraphs (a), (b), (c) and (d) as it considers appropriate,

(f) undertake or commission research into matters related to the functions specified in paragraphs (a), (b), (c) and (d) or into such other matters as the Minister F4[or the Minister for Education, having regard to the performance of that Minister’s education welfare functions,] may request, and

(g) provide information or advice, or make proposals, to the Minister on matters relating to the functions of the Agency F5[or the Minister for Education, in respect of the education welfare functions of the Agency].

(2) The functions specified in subsection (1)(b) include providing for the protection and care of children in circumstances where their parents have not given, or are unlikely to be able to give, adequate protection and care.

(3) Without prejudice to the generality of subsection (1), in supporting and encouraging the effective functioning of families pursuant to subsection (1)(c), the Agency shall provide—

(a) preventative family support services aimed at promoting the welfare of children,

(b) care and protection for victims of domestic, sexual or gender-based violence, whether in the context of the family or otherwise, and

(c) services relating to the psychological welfare of children and their families.

F6[(3A) The reference in subsection (3)(b) to the provision by the Agency of care and protection shall be construed as a reference to the provision by the Agency of care and protection other than such provision as shall be made by An Ghníomhaireacht um Fhoréigean Baile, Gnéasach agus Inscnebhunaithe in the performance of its functions under paragraphs (a), (b), (c) and (d) of section 6 (1) of the Domestic, Sexual and Gender-Based Violence Agency Act 2023.]

(4) The services referred to in subsection (3)(c) do not include—

(a) psychological services associated with the provision of specialist mental health services to children,

(b) adult psychological services other than services which relate to the effective functioning of families and the improvement of relationships between parents and children, including effective parenting,

(c) psychological services to a child in respect of a disability, or

(d) psychological assessments in accordance with section 8 of the Disability Act 2005 or with section 4 of the Education for Persons with Special Educational Needs Act 2004.

(5) The Agency shall, in the performance of its functions, demonstrate high standards of performance, transparency and accountability.

(6) The Agency shall collaborate with any person that the Agency considers appropriate in relation to any matter connected to the Agency’s functions.

(7) The Agency shall have all such powers as are necessary or expedient for, or incidental to, the performance of its functions.

(8) The Agency shall facilitate and promote enhanced inter-agency cooperation to ensure that services for children are co-ordinated and provide an integrated response to the needs of children and their families.

(9) In the performance of its functions, the Agency shall use the resources available to it in the most beneficial, effective and efficient manner.

(10) The Agency shall have power to acquire, receive on transfer, hold, sell, mortgage, lease, let or otherwise dispose of land, buildings or premises and to erect, alter or maintain buildings or premises.

(11) Subject to this Act, the Agency shall be independent in the performance of its functions.

(12) The Agency may perform any of its functions through or by any member of the staff of the Agency duly authorised in that behalf by the Agency.

Annotations:

Amendments:

F4

Inserted (15.12.2021) by Child and Family Agency (Amendment) Act 2021 (34/2021), s. 4(a), S.I. No. 697 of 2021.

F5

Inserted (15.12.2021) by Child and Family Agency (Amendment) Act 2021 (34/2021), s. 4(b), S.I. No. 697 of 2021.

F6

Inserted (31.12.2023) by Domestic, Sexual and Gender-Based Violence Agency Act 2023 (31/2023), s. 44(a), S.I. No. 667 of 2023.

Modifications (not altering text):

C3

Functions under subs. (3)(b) transferred (31.12.2023) by Domestic, Sexual and Gender-Based Violence Agency Act 2023 (31/2023), ss. 6(1)(a)-(d), 24, S.I. Nos. 667, 668 of 2023.

Functions of Agency

6. (1) The Agency shall have the following functions:

(a) to plan, coordinate and monitor the development of refuge accommodation for victims of domestic, sexual or gender-based violence;

(b) to provide support to service providers, including financial assistance, for the provision by them of—

(i) services delivered in refuge accommodation and other services for victims and persons at risk of domestic, sexual or gender-based violence, and

(ii) programmes with the purpose of preventing, and reducing the incidence of, such violence;

(c) where so requested by the Minister, to prepare, and submit for the approval of the Minister, standards for the provision of the services referred to in paragraph (b)(i) and the programmes referred to in paragraph (b)(ii);

(d) to monitor adherence by service providers to the standards referred to in paragraph (c);

...

Transfer of functions to Agency

24. (1) On the establishment day, the functions vested in the Child and Family Agency by section 8(3)(b) of the Act of 2013 shall, in so far as they correspond to the functions specified in paragraphs (a)(b)(c) and (d) of section 6(1), stand transferred to the Agency.

(2) The administration and business in connection with the performance of any of the functions transferred by subsection (1) are transferred, on the establishment day, to the Agency.