Care Proceedings
Protection of Children in Emergencies
This Part enables the Gardai or CFA staff to intervene quickly where there is an immediate and serious threat to the safety and welfare of a child.
The Gardai may remove to safety, without warrant, a child who is in immediate danger where it would not be sufficient to await the making of an application for an emergency care order by the CFA under section 13. Any child so removed must be delivered up to the CFA, which must apply for an emergency care order. The child may be retained in the custody of the board for a maximum of three days pending the bearing of that application.
A District Justice may make an emergency care order requiring that a child be placed or maintained in the care of the CFA for up to 8 days where there is an immediate and serious risk to bis safety. Parents are to be informed when a child is taken into care under this Part. The CFA to ensure that there is adequate accommodation avail able for the purposes of this Part.
Care Proceedings
This Part enables the courts to place children who have been assaulted, ill-treated, neglected or sexually abused or who are at risk in the care of or under the supervision of the CFA.
There is a statutory duty on the CFA to apply for a care order or a supervision order, as appropriate, whenever it appears to the board that the conditions required for the making of an order exist with respect to a child. A district justice to make an interim care order where there is reasonable cause to believe that grounds exist for the making of a care order and that it is necessary for the protection of the child that he be placed or remain in care pending the determination of an application for a care order.
A care order suspends the parents’ right to custody of the child and place him in the custody of the CFA. In order to obtain a care order, it is necessary for the CFA to satisfy the court that-
- the child has been or is being assaulted, ill-treated, neglected or sexually abused, or
- the child’s health, development or welfare has been or is being avoidably impaired or neglected, or
- there are reasonable grounds for believing that bis health, development or welfare is likely to be avoidably im paired or neglected,
and that the child requires care or protection which is unlikely to receive unless he is placed in the care of the CFA.
While a care order is in force, the CFA shall have like control over the child as if it were his parent and shall do what is reasonable to promote the child’s welfare.
A care order would remain in force until the child attained the age of 18 (or for such shorter period as the court may determine) unless 1t was successfully challenged by the parents or discharged by the court because of changed circumstances.
Supervision Order
The court may make a supervision order where it is satisfied that there are reasonable grounds for believing that the grounds set out exist with respect to the child. Thus, the standard of proof required to obtain a supervision order will be less than that required for a care order.
This would authorise the CFA to have a child visited in bis home to ensure that he was being cared for properly. The court would also have power to direct the parents to bring the child to a day care centre, child guidance clinic, hospital etc. A supervision order shall remain in force for up to 12 months.
Other Custody Orders
There is a link between the Act and the Guardianship of Infants Act, 1964, the Judicial Separation and Family Law Reform Act, 1989 and any other proceedings for the delivery or return of a child.
In any such proceedings, the court will be able to refuse to grant custody to either or both of the parents and instead place the child in the care of the CFA or, alternatively, to grant custody to one or both parents subject to the child being supervised by the CFA under a supervision order.
Appeal
An appeal from an order under this Part shall not stay the operation of the order unless the court so directs. The court may vary or discharge orders. A court, which finds or declares that a care order is invalid, may refuse to order the return of the child to his parents if this would not be in his best interests; instead it may either make a new care order or remit the matter to the relevant District Court so that it can consider the need to make a new care order.
Jurisdiction and Procedure
The Court is to have regard to the rights and duties of parents, to regard the welfare of the child as the first and paramount consideration in any proceeding in relation to the care and protection of a child.
A court has power to make a child a party to all or part of care proceedings and to appoint a solicitor to represent the child in any case where the court is satisfied that this is necessary in the interests of the child. Where a solicitor is appointed by order of the court, the costs and expenses, including solicitors’ fees, incurred will be paid by the CFA involved in the proceedings unless the court orders otherwise.
The court, of its own motion or on the application of any party, may procure a report from any person on any question affecting the welfare of the child. A copy of any such report is to be made available to the counsel or solicitor of each of the parties or, if any of the parties is not represented, it is to be made available to that party. The reports may be received in evidence at the proceedings and the person making the report may be called as a witness.
There is jurisdiction to hear and determine care proceedings on the District Court and the Circuit Court on appeal. Care proceedings will be heard in private and will be as informal as possible.
A child involved in care proceedings need not be brought before the court for all or any part of the hearing unless the court so directs. The Act prohibits the publication or broadcast of any matter that would serve to identify a child who is the subject of care proceedings.
There are  presumptions concerning and provision for determination of age by the court. Rules of court may be made to facilitate proceedings under the Act. It is an offence for a person to fail or refuse to deliver up a child to the CFA when an emergency care order, an interim care order or a care order is made. Section 34 enables a justice making an interim care order or a care order to issue a warrant to the Gardai to search for the child and deliver him up to the CFA.