Care Proceedings

Table of Contents

CHILD CARE ACT 1991

REVISED

Updated to 1 September 2023

PART I

Preliminary

Short title and commencement.

1.—(1) This Act may be cited as the Child Care Act, 1991.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

E21
Power pursuant to section exercised (23.09.2004) by Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004). In relation to para. (2) below, Children Act 1908 was repealed (23.07.2007) by Children Act 2001 (24/2001), s. 5, S.I. No. 524 of 2007, and Adoption Act 1952 was repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7 and sch. 1 part 1, S.I. No. 511 of 2010.

2. (1) The 23rd day of September 2004 is fixed as the day on which Section 79 of, and the schedule to, the Child Care Act 1991 (No. 17 of 1991) come into operation, in so far as they relate to the unrepealed provisions specified in the third column of the Schedule thereto, of the enactments specified in the second column of that Schedule.

(2) In paragraph (1) of this Article, “unrepealed provisions” does not include section 119 of the Children Act 1908 (8 Edw. 7, c.67) and section 31 (2) of the Adoption Act 1952 (No. 25 of 1952).

E22
Power pursuant to section exercised (18.12.1996) by Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996).

2. Sections 49 to 65 and section 67 of the Child Care Act, 1991 shall come into operation on the 18th day of December, 1996.

E23
Power pursuant to section exercised (31.10.1995) by Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995).

2. Section 4, subsections (3) and (4) of section 6, sections 12 to 48, sections 68 and 70 and sections 75 to 78 of the Child Care Act, 1991 shall come into operation on the 31st day of October, 1995.

3. With effect from the 31st day of October, 1995 the enactments specified in the Schedule are hereby repealed to the extent specified in the third column.

SCHEDULE

ENACTMENTS REPEALED

Session and Chapter or Number and Year

Short Title

Extent of Repeal

4 Edw. 7, c. 15.

Prevention of Cruelty to Children Act, 1904.

The whole Act.

8 Edw. 7, c. 67.

Children Act, 1908.

Sections 20 to 25,

Sections 34, 36 and 38 (1),

Sections 58 (1), (5), (6), (7) and (8),

Section 59,

Section 74 (11),

Sections 118, 122 and 126.

3 & 4 Geo. 5, c. 7.

Children (Employment Abroad) Act, 1913.

The whole Act.

No. 12 of 1941.

Children Act, 1941.

Section 10 (1).

No. 26 of 1953.

Health Act, 1953.

Sections 55 and 56.

E24
Power pursuant to section exercised (1.12.1992) by Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992).

2. Sections 3, 7 and 8 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1992.

E25
Power pursuant to section exercised (1.10.1992) by Child Care Act 1991 (Commencement) (No. 2) Act 1992 (S.I. No. 264 of 1992).

2. Section 5, subsections (1), (2) and (5) of section 6, and sections 11, 69, 72 and 73 of the Child Care Act, 1991 shall come into operation on the 1st day of October 1992.

E26
Power pursuant to section exercised (1.06.1992) by Child Care Act 1991 Commencement Order 1992 (S.I. No. 123 of 1992).

2. Sections 9, 10 and 66 of the Child Care Act, 1991 shall come into operation on the 1st day of June, 1992.

3. Section 79 of, and the Schedule to, the Child Care Act, 1991 shall, for the purpose of effecting the repeal of section 65 (2) of the Health Act, 1953 (No. 26 of 1953), come into operation on the 1st day of June, 1992.

E27
Power pursuant to section exercised (1.12.1991) by Child Care Act 1991 (Commencement) Order 1991 (S.I. No. 292 of 1991).

2. Part I and Sections 71 and 74 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1991.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

F1[“Act of 2001” means the Children Act 2001;]

F2[“Act of 2011” means the Child Care (Amendment) Act 2011;

“aftercare plan” means an aftercare plan prepared under section 45B or 45C;

“assessment of need” shall be construed in accordance with section 45A;]

F3[“broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009; ]

F4[…]

“child” means a person under the age of 18 years other than a person who is or has been married;

F2[“eligible adult”, subject to subsections (1A) and (1B), means a person aged 18, 19 or 20 years who was in the care of the Child and Family Agency for a period of not less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years;

“eligible child”, subject to subsections (1C) and (1D), means a child aged 16 years or over who—

(a) is in the care of the Child and Family Agency and has been in the care of the Agency for a period of not less than 12 months since attaining the age of 13 years, or

(b) was in the care of the Child and Family Agency for a period of not less than 12 months since attaining the age of 13 years but is no longer in the care of the Agency;]

“functions” includes powers and duties;

F5[…]

F1[“interim special care order” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ]

F6[“Minister” means the Minister for Children and Youth Affairs.]

“parents” includes a surviving parent and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1988, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;

“prescribed” means prescribed by regulations made by the Minister.

F3[“publish” means publish, other than by way of broadcast, to the public or a portion of the public.]

F1[“special care” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);

“special care order” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);

“special care unit” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011).]

F2[(1A) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a person was in the care of the Health Service Executive in accordance with this Act for any period of time in the 5 year period immediately prior to the person attaining the age of 18 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.

(b) Where a person was in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a)) of less than 12 months in the 5 year period immediately prior to the person attaining the age of 18 years, a period of time spent by that person in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013, under section 5 in the 5 year period immediately prior to the person attaining the age of 18 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible adult.

(1B) A reference in the definition of eligible adult to the care of the Child and Family Agency includes—

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA, and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA.

(1C) (a) Where prior to the coming into operation of section 82 of the Child and Family Agency Act 2013 a child was in the care of the Health Service Executive in accordance with this Act for any period of time since attaining the age of 13 years, that period of time shall be considered as time spent in the care of the Child and Family Agency for the purpose of satisfying the 12 month period referred to in the definition of eligible child.

(b) Where a child is or has been in the care of the Child and Family Agency for a period (including a period referred to in paragraph (a)) of less than 12 months since attaining the age of 13 years, a period of time spent by the child in accommodation made available by the Agency, or by the Health Service Executive prior to the coming into operation of section 82 of the Child and Family Agency Act 2013, under section 5 since attaining the age of 13 years shall be reckonable for the purpose of satisfying the 12 month period referred to in the definition of eligible child.

(1D) A reference in the definition of eligible child to the care of the Child and Family Agency includes—

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order under Part IVA, and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning of Part IVA.]

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that a reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Annotations

Amendments:

F1
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 3(a), S.I. No. 637 of 2017.

F2
Inserted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 2(a), (b), S.I. No. 296 of 2017.

F3
Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 7, S.I. No. 5 of 2014.

F4
Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(a), S.I. No. 502 of 2014.

F5
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 1(b), S.I. No. 887 of 2004.

F6
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 3(b), S.I. No. 502 of 2013.

F7
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 3, not commenced as of date of revision.

F8
Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), not commenced as of date of revision.

F9
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.

F10
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b), not commenced as of date of revision.

F11
Inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b), not commenced as of date of revision.

Modifications (not altering text):

C5
Prospective affecting provision: definition of “Data Protection Regulation” inserted into subs. (1) by Child Care (Amendment) Act 2022 (21/2022), s. 3, not commenced as of date of revision.

2.—(1) In this Act, except where the context otherwise requires— …

F7[“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

C6
Prospective affecting provisions:

• para. (da) in definition of “children’s residential centre” inserted by Child Care (Amendment) Act 2011 (19/2011), s. 3(b),

• definition “children’s residential centre” inserted into subs. (1) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(a), and

• subs. (3) inserted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 1(b)

not commenced as of date of revision.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

…

F8[“children’s residential centre” means an institution for the residential care of children in the care of the F9[Child and Family Agency] or of other children in need of adequate care and protection but does not include—

(a) an institution managed by or on behalf of a Minister of the Government,

(b) an institution in which a majority of the children being maintained are being treated for acute illnesses or are being provided with palliative care,

(d) an institution approved in accordance with the Mental Health Acts 1945 to 2001,

F10[(da) a special care unit, ]

(e) a children detention school as defined in section 3 of the Children Act 2001; ]

…

F11[(3) For the purposes of the definition of “children’s residential centre” in subsection (1), “institution” means a home, centre or institution or part of a home, centre or institution.]

Editorial Notes:

E28
Prospective affecting provision: subs. (1) is amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 1, not commenced as of date of revision. This amendment was already made (1.01.2014) by Child and Family Agency Act 2013, S.I. No. 502 of 2013, see definition of “children’s residential centre”, as amended by Child Care (Amendment) Act 2011, s. 3(b), in the C-note above. This is therefore an in-force amendment (“Child and Family Agency”) of a prospective affecting provision (insertion of “children’s residential centre”).

1O.J. No. L. 119, 4.5.2016, p. 1

PART II

Promotion of Welfare of Children

Functions of Child and Family Agency

3.—(1) It shall be a function of F13[the F12[Child and Family Agency]] to promote the welfare of children F14[…] who are not receiving adequate care and protection.

(2) In the performance of this function, F15[the F12[Child and Family Agency]] shall—

(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children F16[…];

(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—

(i) regard the welfare of the child as the first and paramount consideration, and

(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and

(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.

(3) F17[The F12[Child and Family Agency]] shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69.

(4) F18[…]

Annotations

Amendments:

F12
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.

F13
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(a), S.I. No. 887 of 2004.

F14
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(a), S.I. No. 887 of 2004.

F15
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(b), S.I. No. 887 of 2004.

F16
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(b), S.I. No. 887 of 2004.

F17
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(c), S.I. No. 887 of 2004.

F18
Deleted (30.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 4, S.I. No. 497 of 2011.

Editorial Notes:

E29
Previous affecting provision: subs. (4) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 2(d), S.I. No. 887 of 2004; deleted as per F-note above.

Voluntary care.

4.—(1) Where it appears to F19[the F20[Child and Family Agency] that a child requires] care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of F19[the F21[Agency]] to take him into its care under this section.

(2) Without prejudice to the provisions of Parts III, IV F22[, IVA (as amended by the Child Care (Amendment) Act 2011)] and VI, nothing in this section shall authorise F23[the F20[Child and Family Agency]] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(3) Where F24[the F20[Child and Family Agency]] has taken a child into its care under this section, it shall be the duty of F24[the F21[Agency]]—

(a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F24[the F21[Agency]] to require it and while he remains a child, and

(b) to have regard to the wishes of a parent having custody of him or of any person acting in loco parentis in the provision of such care.

(4) Without prejudice to the provisions of Parts III, IV and VI, where F25[the F20[Child and Family Agency]] takes a child into its care because it appears that he is lost or that a parent having custody of him is missing or that he has been deserted or abandoned, F25[the F21[Agency]] shall endeavour to reunite him with that parent where this appears to F25[the F21[Agency]] to be in his best interests.

(5) F26[A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day.]

Annotations

Amendments:

F19
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(a), S.I. No. 887 of 2004.

F20
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.

F21
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F22
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 5, S.I. No. 637 of 2017.

F23
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(b), S.I. No. 887 of 2004.

F24
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(c), S.I. No. 887 of 2004.

F25
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 3(d), S.I. No. 887 of 2004.

F26
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 4, S.I. No. 502 of 2013.

Editorial Notes:

E30
Previous affecting provision: subs. (5) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 3(e), S.I. No. 887 of 2004; substituted as per F-note above.

Accommodation for homeless children.

5.—Where it appears to F27[the F28[Child and Family Agency] that a child is homeless, the F29[Agency] shall] enquire into the child’s circumstances, and F30[if it] is satisfied that there is no accommodation available to him which he can reasonably occupy, then, unless the child is received into the F31[care of the F29[Agency]] under the provisions of this Act, F32[the F29[Agency] shall take] such steps as are reasonable to make available suitable accommodation for him.

Annotations

Amendments:

F27
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(a), S.I. No. 887 of 2004.

F28
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.

F29
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F30
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(b), S.I. No. 887 of 2004.

F31
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(c), S.I. No. 887 of 2004.

F32
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 4(d), S.I. No. 887 of 2004.

Provision of adoption service.

6.—F33[(1) The F34[Child and Family Agency] shall provide, or ensure the provision of, a service for the adoption of children in accordance with the Adoption Act 2010.]

F33[(2) For the purposes of this section, the F34[Child and Family Agency] may enter into arrangements with an accredited body within the meaning of section 3 (1) of the Adoption Act 2010.]

(3) F35[The F34[Child and Family Agency]] may take a child into its care with a view to his adoption and may maintain him in such care in accordance with the provisions of this Act until he is placed for adoption.

(4) Without prejudice to Parts III, IV and VI, nothing in this section shall authorise F36[the F34[Child and Family Agency]] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(5) The provisions of section 10 shall apply with any necessary modifications in relation to any arrangement made under subsection (2).

Annotations

Amendments:

F33
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(a), S.I. No. 511 of 2010.

F34
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.

F35
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 5(c), S.I. No. 887 of 2004.

F36
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 5(d), S.I. No. 887 of 2004.

Editorial Notes:

E31
Provision for establishment of adoption committees by the Health Service Executive to assist and advise the Adoption Authority in the performance of its functions under this section made (1.11.2010) by Adoption Act 2010 (21/2010), s. 36(1) and (2)(a), S.I. No. 511 of 2010.

E32
Previous affecting provision: subs. (1) and words in subs. (2) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 5(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.

Child care advisory committees.

7.—F37[(1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it.]

F38[(1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section.]

(2) A child care advisory committee shall be composed of persons with a special interest or expertise in matters affecting the welfare of children, including representatives of voluntary bodies providing child care and family support services.

(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but F39[the F40[Child and Family Agency]] may make payments to any such member in respect of travelling and subsistence expenses incurred by him in relation to the business of the committee.

(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.

(5) The Minister shall give general directions in relation to child care advisory committees which may include directions on any matter relating to the membership, constitution or business of committees (including a provision empowering a committee to co-opt one or more members) and F41[the F40[Child and Family Agency] and each child care advisory committee] shall comply with any such directions.

F42[(5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.

(5B) The Minister may amend or revoke directions given in relation to child care advisory committees.]

(6) F43[The F40[Child and Family Agency]] may, with the consent of the Minister, and shall, if so directed by the Minister, establish more than one child care advisory committee F44[…] and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.

(7) Each child care advisory committee shall—

(a) have access to non-personal information in relation to child care and family support services in its area,

(b) consult with voluntary bodies providing child care and family support services in its area,

(c) report on child care and family support services in its area, either on its own initiative or when so requested by the F40[Child and Family Agency],

(d) review the needs of children in its area who are not receiving adequate care and protection,

and where more than one child care advisory committee is established F45[…], the provisions of this subsection shall apply with the necessary modifications.

Annotations

Amendments:

F37
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F38
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F39
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(b), S.I. No. 887 of 2004.

F40
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.

F41
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(c), S.I. No. 887 of 2004.

F42
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(b).

F43
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(e), S.I. No. 887 of 2005.

F44
Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 97 and sch. 2, part 4 item 5(c), S.I. No. 502 of 2013.

F45
Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(d), S.I. No. 502 of 2013.

Modifications (not altering text):

C7
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 17 of 1991

Child Care Act 1991

Sections 7(4) and 70(2)

…

Editorial Notes:

E33
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(f)(i), S.I. No. 887 of 2005; substituted as per F-note above.

E34
Previous affecting provisions: subss. (1), (1A), (5A) and (5B) substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 6(a), (d), S.I. No. 887 of 2004; substituted as per F-notes above.

Review of services.

8.—F46[(1) The Child and Family Agency shall—

(a) not later than 6 months after the establishment day of the Agency, prepare the report that, but for the amendment of this section by the Child and Family Agency Act 2013, the Health Service Executive would have been required to have prepared under this section, and

(b) annually thereafter prepare a report on the adequacy of the child care and family support services available.]

(2) Without prejudice to the generality of subsection (1), F47[the F48[Child and Family Agency]] in preparing a report under this section shall have regard to the needs of children who are not receiving adequate care and protection and, in particular—

(a) children whose parents are dead or missing,

(b) children whose parents have deserted or abandoned them,

(d) children who are homeless,

(e) children who are at risk of being neglected or ill-treated, and

(f) children whose parents are unable to care for them due to ill-health or for any other reason.

F51[(3) The Child and Family Agency shall give notice of the preparation of a report under subsection (1) to—

(a) each child care advisory committee, and

(b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services,

and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.]

(4) F52[The F48[Child and Family Agency]] shall submit a copy of any report prepared under this section to the Minister and may make copies of any such report available to such bodies as are mentioned in subsection (3) (b).

Annotations

Amendments:

F46
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 6(a), S.I. No. 502 of 2013.

F47
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 7(b)(i), S.I. No. 887 of 2004.

F48
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.

F49
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 7(b)(ii), S.I. No. 887 of 2004.

F50
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F51
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 6(b), S.I. No. 502 of 2013.

F52
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 7(d), S.I. No. 887 of 2004.

Editorial Notes:

E35
Previous affecting provision: subss. (1) substituted and (3) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 7(a), (c), S.I. No. 887 of 2004; substituted as per F-note above.

Provision of services by voluntary bodies and other persons.

9.—(1) F53[…]

F54[(2) Nothing in the Child and Family Agency Act 2013 shall empower the Child and Family Agency to delegate to a voluntary body or to any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011) or VI.]

Annotations

Amendments:

F53
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 8(a), S.I. No. 887 of 2004.

F54
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 7, S.I. No. 502 of 2013.

Editorial Notes:

E36
Previous affecting provision: subs. (2) substituted by Child Care (Amendment) Act 2011 (19/2011), s. 6, not commenced; substituted as per F-note above.

Assistance for voluntary bodies and other persons.

10.— F55[…]

Annotations

Amendments:

F55
Repealed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.

Editorial Notes:

E37
Previous affecting provision: subs. (1) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 9(a), S.I. No. 887 of 2004; repealed as per F-note above.

E38
Previous affecting provision: subs. (2) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 9(b), S.I. No. 887 of 2004; repealed as per F-note above.

Research.

11.—(1) The Minister may conduct or assist other persons in conducting research into any matter connected with the care and protection of children or the provision of child care and family support services.

(2) F56[The F57[Child and Family Agency]] may conduct or assist other persons in conducting research into any matter connected with the functions assigned to F56[the F58[Agency]] under this Act.

Annotations

Amendments:

F56
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 10, S.I. No. 887 of 2004.

F57
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.

F58
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

PART III

Protection of Children in Emergencies

Annotations

Editorial Notes:

E39
District Court termed “Children Court” for the purpose of Part III of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Power of Garda Síochána to take a child to safety.

12.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that—

(a) there is an immediate and serious risk to the health or welfare of a child, and

(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by F59[the F60[Child and Family Agency]] under section 13, F61[or an application for a warrant under section 35].

the member, accompanied by such other persons as may be necessary, may, without warrant, enter (if need be by force) any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) and remove the child to safety.

(2) The provisions of subsection (1) are without prejudice to any other powers exercisable by a member of the Garda Síochána.

(3) Where a child is removed by a member of the Garda Síochána in accordance with subsection (1), the child shall as soon as possible be delivered up to the custody of the F60[Child and Family Agency].

(4) Where a child is delivered up to the custody of F62[the F60[Child and Family Agency]] in accordance with subsection (3), F62[the F63[Agency]] shall, unless it returns the child to the parent having custody of him or a person acting in loco parentis F64[or an order referred to in section 35 has been made in respect of the child], make application for an emergency care order at the next sitting of the District Court held in the same district court district or, in the event that the next such sitting is not due to be held within three days of the date on which the child is delivered up to the custody of F62[the F63[Agency]], at a sitting of the District Court, which has been specially arranged under section 13(4), held within the said three days, and it shall be lawful for F62[the F63[Agency]] to retain custody of the child pending the hearing of that application.

F65[(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 and the child is not delivered up to the custody of the Health Service Executive before the establishment day of the Child and Family Agency—

(a) the child shall as soon as possible be delivered up to the custody of the Agency, and

(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Agency in accordance with subsection (3) of this section.]

Annotations

Amendments:

F59
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 11(a), S.I. No. 887 of 2004.

F60
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.

F61
Substituted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(a), commenced on enactment.

F62
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 11(c), S.I. No. 887 of 2004.

F63
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F64
Inserted (31.07.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 7(b), commenced on enactment.

F65
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 8, S.I. No. 502 of 2013.

Modifications (not altering text):

C8
Application of section extended (1.03.2007) by Children Act 2001 (24/2001), s. 53(4) and (5), S.I. No. 64 of 2007.

Duty of Garda Síochána in relation to certain under-age children.

53.— …

(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda Síochána concerned has reasonable grounds for believing—

(a) that there is an immediate and serious risk to the health or welfare of the child, and

(b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by [the F60[Child and Family Agency]] under section 13 of the Act of 1991,

the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

C9
Application of section extended by (1.05.2002) Children Act 2001 (24/2001), s. 254(4), S.I. No. 151 of 2002.

Powers of arrest without warrant, etc.

254.— …

(4) Where a member of the Garda Síochána makes an arrest under this section and the member has reasonable grounds for believing that—

(a) there is an immediate and serious risk to the safety, health or wellbeing of the child, and

(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by [the Child and Family Agency] under section 13 of the Act of 1991,

the member may remove the child to safety and the provisions of Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.

Editorial Notes:

E40
Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 11(d), S.I. No. 877 of 2004; substituted as per F-note above.

E41
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 11(b), S.I. No. 887 of 2004; substituted as per F-note above.

Emergency care order.

13.—(1) If a justice of the District Court is of opinion on the application of F66[the F67[Child and Family Agency]] that there is reasonable cause to believe that—

(a) there is an immediate and serious risk to the health or welfare of a child which necessitates his being placed in the care of F66[the F67[Child and Family Agency]], or

(b) there is likely to be such a risk if the child is removed from the place where he is for the time being,

the justice may make an order to be known and in this Act referred to as an “emergency care order”.

(2) An emergency care order shall place the child under the care of F68[the F67[Child and Family Agency]] for a period of eight days or such shorter period as may be specified in the order.

(3) Where a justice makes an emergency care order, he may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) any house or other place specified in the warrant (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of the F67[Child and Family Agency].

(4) The following provisions shall have effect in relation to the making of emergency care orders—

(a) any such order shall, subject to paragraph (b), be made by the justice for the district in which the child resides or is for the time being;

(b) where a justice for the district in which the child resides or is for the time being is not immediately available, an order may be made by any justice of the District Court;

(c) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte;

(d) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.

(5) An appeal from an emergency care order shall not stay the operation of the order.

(6) It shall not be necessary in any application or order under this section to name the child if such name is unknown.

(7) (a) Where a justice makes an emergency care order, he may, of his own motion or on the application of any person, give such directions (if any) as he thinks proper with respect to—

(i) whether the address or location of the place at which the child is being kept is to be withheld from the parents of the child, or either of them, a person acting in loco parentis or any other person;

(ii) the access, if any, which is to be permitted between the child and any named person and the conditions under which the access is to take place;

(iii) the medical or psychiatric examination, treatment or assessment of the child.

(b) A direction under this subsection may be given at any time during the currency of the order and may be varied or discharged on the application of any person.

Annotations

Amendments:

F66
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 12(a), S.I. No. 887 of 2004.

F67
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.

F68
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 12(b), S.I. No. 887 of 2004.

Modifications (not altering text):

C10
Application of subs. (4) extended (1.11.2006) by Mental Health Act 2001 (25/2001), s. 23(4), S.I. No. 411 of 2006.

Power to prevent voluntary patient from leaving approved centre.

23.— …

(4) The provisions of section 13(4) of the Child Care Act, 1991, shall apply to the making of an application in respect of a child to whom this section applies with any necessary modifications.

C11
References to “psychiatric examination, treatment or assessment” under subs. (7) restricted (1.11.2006) by Mental Health Act 2001 (25/2001), s. 25(15), S.I. No. 411 of 2006.

Involuntary admission of children.

25.— …

(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

Editorial Notes:

E42
Previous affecting provision: “Health Service Executive” substituted for “health board” in subs. (3) (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 12(c), S.I. No. 887 of 2004; substituted as per F-note above.

Notification to be given by Child and Family Agency

14.—(1)Where a child is delivered up to, or placed in the custody of, F70[the F69[Child and Family Agency] under this Part, the F71[Agency]] shall as soon as possible inform or cause to be informed a parent having custody of him or a person acting in loco parentis of that delivery or placement unless that parent or person is missing and cannot be found.

(2)For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in the custody of F72[the F69[Child and Family Agency]] under section 13 if he is given or shown a copy of the emergency care order made under that section or if that person was present at the sitting of the court at which such order was made.

Annotations

Amendments:

F69
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.

F70
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 13(a), S.I. No. 887 of 2004.

F71
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F72
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 13(b), S.I. No. 887 of 2004.

Provision of accommodation for purposes of Part III.

15.—F73[The F74[Child and Family Agency]] shall provide or make arrangements with the registered proprietors of children’s residential centres or with other suitable persons for the provision of suitable accommodation for the purposes of this Part.

Annotations

Amendments:

F73
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 14, S.I. No. 887 of 2004.

F74
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.

F75
Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, item 2, not commenced as of date of revision.

Modifications (not altering text):

C12
Prospective affecting provision: section substituted by Health Act 2007 (23/2007), s. 105 and sch. 2, part 1, item 2, not commenced as of date of revision.

F75[

Provision of accommodation for purposes of Part III.

15.—The F74[Child and Family Agency] shall provide or make arrangements with suitable persons for the provision of suitable accommodation for the purposes of this Part.]

Editorial Notes:

E43
Prospective affecting provision: section amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 2, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above.

PART IV

Care Proceedings

Annotations

Editorial Notes:

E44
Payment of legal aid contribution exempted for defence of proceedings brought by the Health Service Executive under Part by Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), reg. 21(11) as inserted (16.09.2013) by Civil Legal Aid Regulations 2013 (S.I. No. 346 of 2013), reg. 3(ii)(f).

E45
District Court termed “Children Court” for the purpose of Part IV of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

Duty of Child and Family Agency to institute proceedings.

16.—Where it appears to F77[the F76[Child and Family Agency] that a child] requires care or protection which he is unlikely to receive unless a court makes a care order or a supervision order in respect of him, it shall be the duty of the F78[Agency] to make application for a care order or a supervision order, as it thinks fit.

Annotations

Amendments:

F76
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.

F77
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 15(a), S.I. No. 887 of 2005.

F78
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E46
Previous affecting provision: “Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 15(b), S.I. No. 887 of 2004; substituted as per F-note above.

Interim care order.

17.—(1) Where a justice of the District Court is satisfied on the application of F79[the F80[Child and Family Agency]] that—

(a) an application for a care order in respect of the child has been or is about to be made (whether or not an emergency care order is in force), and

(b) there is reasonable cause to believe that any of the circumstances mentioned at paragraph (a), (b) or (c) of section 18(1) exists or has existed with respect to the child and that it is necessary for the protection of the child’s health or welfare that he be placed or maintained in the care of F79[the F81[Agency]] pending the determination of the application for the care order,

the justice may make an order to be known and in this Act referred to as an “interim care order”.

(2) An interim care order shall require that the child named in the order be placed or maintained in the care of the F80[Child and Family Agency]—

(a) for a period not exceeding F82[twenty-nine days], or

(b) where the F80[Child and Family Agency] and the parent having custody of the child or person acting in loco parentis consent, for a period exceeding F82[twenty-nine days],

and an extension or extensions of any such period may be granted (with the consent, F82[where an extension is to exceed twenty-nine days], of the persons specified in paragraph (b)) on the application of any of the parties if the justice is satisfied that grounds for the making of an interim care order continue to exist with respect to the child.

(3) An application for an interim care order or for an extension of such an order shall be made on notice to a parent having custody of the child or to a person acting in loco parentis except where, having regard to the interests of justice or the welfare of the child, the justice otherwise directs.

(4) Where an interim care order is made, the justice may order that any directions given under subsection (7) of section 13 may remain in force subject to such variations, if any, as he may see fit to make or the justice may give directions in relation to any of the matters mentioned in the said subsection and the provisions of that section shall apply with any necessary modifications.

Annotations

Amendments:

F79
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 16(a), S.I. No. 887 of 2004.

F80
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.

F81
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F82
Substituted (13.03.2013) by Child Care (Amendment) Act 2013 (5/2013), s. 1, commenced on enactment.

Editorial Notes:

E47
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 16(b), S.I. No. 887 of 2004; substituted as per F-note above.

E48
Previous affecting provision: subs. (2) amended (1.05.2002) by Children Act 2001 (24/2001), s. 267(1)(a), S.I. No. 151 of 2002; substituted as per F-note above.

Care order.

18.—(1) Where, on the application of F83[the F84[Child and Family Agency] with respect to a child], the court is satisfied that—

(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or

(b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or

and that the child requires care or protection which he is unlikely to receive unless the court makes an order under this section, the court may make an order (in this Act referred to as a “care order”) in respect of the child.

(2) A care order shall commit the child to the care of the F84[Child and Family Agency] for so long as he remains a child or for such shorter period as the court may determine and, in such case, the court may, of its own motion or on the application of any person, extend the operation of the order if the court is satisfied that grounds for the making of a care order continue to exist with respect to the child.

(3) Where a care order is in force, the F84[Child and Family Agency] shall—

(a) have the like control over the child as if it were his parent; and

(b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s health, development or welfare;

and shall have, in particular, the authority to—

(i) decide the type of care to be provided for the child under section 36;

(ii) give consent to any necessary medical or psychiatric examination, treatment or assessment with respect to the child; and

(iii) give consent to the issue of a passport to the child, or to the provision of passport facilities for him, to enable him to travel abroad for a limited period.

(4) Any consent given by F85[the F84[Child and Family Agency]] in accordance with this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.

(5) Where, on an application for a care order, the court is satisfied that—

(a) it is not necessary or appropriate that a care order be made, and

(b) it is desirable that the child be visited periodically in his home by or on behalf of F85[the F84[Child and Family Agency]],

the court may make a supervision order under section 19.

(6) Between the making of an application for a care order and its determination, the court, of its own motion or on the application of any person, may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child who is the subject of the application pending such determination, and any such direction or supervision order shall cease to have effect on the determination of the application.

(7) Where a court makes a care order, it may in addition make an order requiring the parents of the child or either of them to contribute to the F84[Child and Family Agency] such weekly or other periodic sum towards the cost of maintaining the child as the court, having regard to the means of the parents or either of them, thinks fit.

(8) An order under subsection (7) may be varied or discharged on application to the court by the parent required to contribute or by the F84[Child and Family Agency].

F86[(9) Where a care order—

(a) has been made in respect of a child and—

(i) during the period for which the care order has effect a special care order or an interim special care order is made in respect of the child, and

(ii) the care order ceases to have effect during the period for which the special care order or interim special care order has effect,

(b) has not been made in respect of a child and a special care order or an interim special care order has been made in respect of that child,

the F84[Child and Family Agency] may apply for a care order in respect of that child during the period for which the special care order or interim special care order has effect.

(10) Where the District Court makes a care order, pursuant to the application referred to in subsection (9), during the period for which the special care order or interim special care order has effect, it shall direct that the care order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.]

Annotations

Amendments:

F83
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 17(a), S.I. No. 887 of 2004.

F84
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. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 item 3, S.I. No. 636 of 2017.

F85
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 17(c), S.I. No. 887 of 2004.

F86
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 8, S.I. No. 637 of 2017.

Editorial Notes:

E49
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2), (3) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 items 17(b) and (d), S.I. No. 887 of 2004; substituted as per F-note above.

Supervision order.

19.—(1) Where, on the application of F87[the F88[Child and Family Agency] with respect to a child], the court is satisfied that there are reasonable grounds for believing that—

(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or

(b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or

and it is desirable that the child be visited periodically by or on behalf of F87[the F88[Child and Family Agency]], the court may make an order (in this Act referred to as a “supervision order”) in respect of the child.

(2) A supervision order shall authorise F89[the F88[Child and Family Agency]] to have the child visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to his parents or to a person acting in loco parentis any necessary advice as to the care of the child.

(3) Any parent or person acting in loco parentis who is dissatisfied with the manner in which F89[the F88[Child and Family Agency]] is exercising its authority to have a child visited in accordance with this section may apply to the court and the court may give such directions as it sees fit as to the manner in which the child is to be visited and F89[the F88[Child and Family Agency]] shall comply with any such direction.

(4) Where a court makes a supervision order in respect of a child, it may, on the application of F89[the F88[Child and Family Agency]], either at the time of the making of the order or at any time during the currency of the order, give such directions as it sees fit as to the care of the child, which may require the parents of the child or a person acting in loco parentis to cause him to attend for medical or psychiatric examination, treatment or assessment at a hospital, clinic or other place specified by the court.

(5) Any person who fails to comply with the terms of a supervision order or any directions given by a court under subsection (4) or who prevents a person from visiting a child on behalf of F89[the F88[Child and Family Agency]] or who obstructs or impedes any such person visiting a child in pursuance of such an order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(6) A supervision order shall remain in force for a period of 12 months or such shorter period as may be specified in the order and, in any event, shall cease to have effect when the person in respect of whom the order is made ceases to be a child.

(7) On or before the expiration of a supervision order, a further supervision order may be made on the application of F89[the F88[Child and Family Agency]] with effect from the expiration of the first mentioned order.

F90[(8) Where a supervision order—

(a) has been made in respect of a child and—

(i) during the period for which the supervision order has effect a special care order or an interim special care order is made in respect of the child, and

(ii) the supervision order ceases to have effect during the period for which the special care order or interim special care order has effect,

(b) has not been made in respect of a child and a special care order or interim special care order has been made in respect of that child,

the F88[Child and Family Agency] may apply for a supervision order in respect of that child during the period for which the special care order or interim special care order has effect.

(9) Where the District Court makes the supervision order, pursuant to the application referred to in subsection (8), during the period for which the special care order or interim special care order has effect, it shall direct that the supervision order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.]

Annotations

Amendments:

F87
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 18(a), S.I. No. 887 of 2004.

F88
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. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 item 4, S.I. No. 636 of 2017.

F89
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 18(b), S.I. No. 887 of 2004.

F90
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 9, S.I. No. 637 of 2017.

Modifications (not altering text):

C13
References to “psychiatric examination, treatment or assessment” under subs. (4) restricted (1.11.2006) by Mental Health Act 2001 (25/2001), s. 25(15), S.I. No. 411 of 2006.

Involuntary admission of children.

25.— …

(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

Editorial Notes:

E50
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

20.—F91[Where in any proceedings under section 7, 8, 11, 11B or Part III of the Guardianship of Infants Act, 1964, or in any case to which—

(a) section 3(3) of the Judicial Separation and Family Law Reform Act, 1989,

(b) section 6(b) or 10(f) of the Family Law Act, F92[1995,]

F93[(d) section 110(2), 115(c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010]

relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct F94[the F95[Child and Family Agency]] to undertake an investigation of the child’s circumstances.]

(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child concerned pending the outcome of the investigation by the F95[Child and Family Agency].

(3) Where the court gives a direction under subsection (1), the F95[Child and Family Agency] shall undertake an investigation of the child’s circumstances and shall consider whether it should—

(a) apply for a care order or for a supervision order with respect to the child,

(b) provide services or assistance for the child or his family, or

(4) Where F94[the F95[Child and Family Agency]] undertakes an investigation under this section and decides not to apply for a care order or a supervision order with respect to the child concerned, it shall inform the court of—

(a) its reasons for so deciding,

(b) any service or assistance it has provided, or it intends to provide, for the child and his family, and

F96[(5) Where the Health Service Executive was directed to undertake an investigation into a child’s circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency—

(a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency,

(b) the investigation may be completed by the Agency, and

Annotations

Amendments:

F91
Substituted (9.01.1998) by Children Act 1997 (40/1997), s. 17, commenced as per s. 1(2).

F92
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(a) and (b), S.I. No. 12 of 2016.

F93
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 175(c), S.I. No. 12 of 2016.

F94
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 19(a), S.I. No. 887 of 2004.

F95
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.

F96
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 9, S.I. No. 502 of 2013.

Editorial Notes:

E51
Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

E52
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2) and (3) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.

Effect of appeal from orders.

21.—An appeal from an order under this Part shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.

Variation or discharge of orders etc.

22.—The court, of its own motion or on the application of any person, may—

(a) vary or discharge a care order or a supervision order,

(b) vary or discharge any condition or direction attaching to the order, or

Powers of court in case of invalidity of orders.

23.—Where a court finds or declares in any proceedings that a care order for whatever reason is invalid, that court may of its own motion or on the application of any person refuse to exercise any power to order the delivery or return of the child to a parent or any other person if the court is of opinion that such delivery or return would not be in the best interests of the child and in any such case the court, of its own motion or on the application of any person, may—

(a) make a care order as if it were a court to which an application had been made by F97[the F98[Child and Family Agency]] under section 18,

(b) make an order remitting the matter to a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being or was residing or was at the time that the invalid order was made or the application therefor was made; and where the matter has been so remitted F97[the F98[Child and Family Agency]] shall be deemed to have made an application under section 18,

(c) direct that any order under paragraph (a) shall, if necessary, be deemed for the purposes of this Act to have been made by a justice of the District Court for the time being assigned to a district court district, specified by the court, or

(d) where it makes an order under paragraph (b), make a temporary order under paragraph (a) pending the making of an order by the court to which the matter or question has been remitted.

Annotations

Amendments:

F97
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 20, S.I. No. 887 of 2004.

F98
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.

Power of court to join child as a party and costs of child as a party.

25.—(1) If in any proceedings under Part IV F200[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not already a party, the court may, where it is satisfied having regard to the age, understanding and wishes of the child and the circumstances of the case that it is necessary in the interests of the child and in the interests of justice to do so, order that the child be joined as a party to, or shall have such of the rights of a party as may be specified by the court in, either the entirety of the proceedings or such issues in the proceedings as the court may direct. The making of any such order shall not require the intervention of a next friend in respect of the child.

(2) Where the court makes an order under subsection (1) or a child is a party to the proceedings otherwise than by reason of such an order, the court may, if it thinks fit, appoint a solicitor to represent the child in the proceedings and give directions as to the performance of his duties (which may include, if necessary, directions in relation to the instruction of counsel).

(3) The making of an order under subsection (1) or the fact that a child is a party to the proceedings otherwise than by reason of such an order shall not prejudice the power of the court under section 30(2) to refuse to accede to a request of a child made thereunder.

(4) Where a solicitor is appointed under subsection (2), the costs and expenses incurred on behalf of a child exercising any rights of a party in any proceedings under this Act shall be paid by the F201[Child and Family Agency] F202[the F203[Agency]] may apply to the court to have the amount of any such costs or expenses measured or taxed.

(5) The court which has made an order under subsection (2) may, on the application to it of F202[the F201[Child and Family Agency]], order any other party to the proceedings in question to pay to F202[the F203[Agency]] any costs or expenses payable by F202[the F203[Agency]] under subsection (4).

F204[(6) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

Annotations

Amendments:

F200
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 12(a) and (b), S.I. No. 637 of 2017.

F201
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.

F202
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 38, S.I. No. 887 of 2004.

F203
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F204
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 12(a) and (b), S.I. No. 637 of 2017.

Editorial Notes:

E97
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (4) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 38, S.I. No. 887 of 2004; substituted as per F-note above.

Appointment of guardian ad litem for a child.

26.—(1) If in any proceedings under Part IV F205[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child.

(2) Any costs incurred by a person in acting as a guardian ad litem under this section shall be paid by the F206[Child and Family Agency]. The F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.

(3) The court which has made an order under subsection (1) may, on the application to it of F207[the F206[Child and Family Agency]], order any other party to the proceedings in question to pay to F207[the F208[Agency]] any costs or expenses payable by F207[the F208[Agency]] under subsection (2).

(4) Where a child in respect of whom an order has been made under subsection (1) becomes a party to the proceedings in question (whether by virtue of an order under section 25 (1) or otherwise) then that order shall cease to have effect.

F209[(5) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

Annotations

Amendments:

F205
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 13(a) , S.I. No. 637 of 2017.

F206
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.

F207
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 39, S.I. No. 887 of 2004.

F208
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F209
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 13(e), S.I. No. 637 of 2017.

F210
Repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

F211
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(b), not commenced as of date of revision.

F212
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(c), not commenced as of date of revision.

F213
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(d), not commenced as of date of revision.

Modifications (not altering text):

C23
Prospective affecting provision: section repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

Appointment of guardian ad litem for a child.

26.—F210[…]

C24
Prospective affecting provision: words inserted in subs. (2) and new subss. (2A), (2B), (2C) and (3A) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 13(b)-(d), not commenced as of date of revision.

(2) Any costs F211[reasonably] incurred by a person in acting as a guardian ad litem under this section shall be paid by the F206[Child and Family Agency]. The F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.

F212[(2A) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011), without prejudice to the generality of subsection (1), the court shall give directions relating to the service of documents for the proceedings concerned on the guardian ad litem.

(2B) A guardian ad litem shall for the purpose of the proceedings for which he or she is appointed promote the best interests of the child concerned and convey the views of that child to the court, in so far as is practicable, having regard to the age and understanding of the child.

(2C) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011)—

(a) the guardian ad litem concerned may instruct a solicitor to represent him or her in respect of those proceedings and, if necessary, having regard to the circumstances of the case, may instruct counsel in respect of those proceedings, and

(b) where a guardian ad litem instructs a solicitor or counsel or both pursuant to paragraph (a), the costs and expenses reasonably incurred for that purpose shall be paid by the F206[Child and Family Agency] and the F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.]

…

F213[(3A) The court may, on the application to it of the F206[Child and Family Agency], order any other party to the proceedings in question to pay to the F206[Child and Family Agency] any costs or expenses payable by the F206[Child and Family Agency] under subsection (2C).]

…

Editorial Notes:

E98
Prospective affecting provision: subss. (2C) and (3A) are amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 6, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. The subsections were inserted by Child Care (Amendment) Act 2011, s. 13(c), not commenced as of date of revision, and are therefore prospective affecting provisions, see C-note above.

E99
Guardian ad litem appointed under section designated as a prescribed person for the purposes of Civil Liability and Courts Act 2004 (31/2004), s. 40(4) (1.07.2005) by Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005), art. 3 and sch. item 19.

E100
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 39, S.I. No. 887 of 2004; substituted as per F-note above.

Power to procure reports on children.

27.—(1) In any proceedings under Part IV F214[IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the court may, of its own motion or on the application of any party to the proceedings, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the child.

(2) In deciding whether or not to request a report under subsection (1) the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.

(3) A copy of any report prepared under subsection (1) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(4) Where any person prepares a report pursuant to a request under subsection (1), the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.

(5) The court, if it thinks fit, or any party to the proceedings, may call the person making the report as a witness.

Annotations

Amendments:

F214
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 14(a), S.I. No. 637 of 2017.

F215
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 8(d), not commenced as of date of revision.

F216
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced as of date of revision.

Modifications (not altering text):

C25
Prospective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2022 (21/2022), s. 8(d), not commenced as of date of revision.

F215[(6) In subsection (3), a reference to a party includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.

(7) In this section, where the proceedings are proceedings under Part IVA, “court” means the High Court.]

C26
Prospective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 14(b), not commenced as of date of revision.

F216[(6) In this section, a reference to the party or parties includes a guardian ad litem, if any, appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings concerned.

(7) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

Jurisdiction.

28.—(1) The District Court and the Circuit Court on appeal from the District Court shall have jurisdiction to hear and determine proceedings under Part III, IV or VI F217[and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011).]

(2) Proceedings under Part III, IV or VI F218[, and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011),] may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being.

F219[(3) The High Court shall have jurisdiction to hear and determine—

(a) proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), other than proceedings under section 23NP (inserted by the Child Care (Amendment) Act 2011),

(b) any application or other matter under, and in accordance with, this Act (as amended by the Child Care (Amendment) Act 2011) that relates to a special care order, an interim special care order or the hearing and determination of proceedings for special care under Part IVA (as amended by the Child Care (Amendment) Act 2011),

(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and

(d) without prejudice to the generality of paragraph (b), any proceedings relating to section 37 (as amended by the Child Care (Amendment) Act 2011) in so far as they concern a child who is the subject of a special care order or an interim special care order during the period for which the order concerned has effect.

(4) The District Court, and the Circuit Court on appeal from the District Court, shall have jurisdiction to hear and determine an application for a care order or a supervision order notwithstanding that, at the time that application is made, a special care order or an interim special care order has effect in respect of the child concerned.]

Annotations

Amendments:

F217
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(1)(a), S.I. No. 637 of 2017.

F218
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(1)(b), S.I. No. 637 of 2017.

F219
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 15(2), S.I. No. 637 of 2017.

F220
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 8(e), not commenced as of date of revision.

Modifications (not altering text):

C27
Prospective affecting provision: subss. (3)(c) amended Child Care (Amendment) Act 2022(21/2022), s. 8(e), not commenced as of date of revision.

F219[(3) The High Court shall have jurisdiction to hear and determine— …

(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) F220[or Part VA] that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and]

…

Hearing of proceedings.

29.—(1) Proceedings under F221[Part III, IV, IVA or VI] shall be heard otherwise than in public.

(2) The provisions of sections 33 (1), 33 (2) and 45 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to proceedings under F221[Part III, IV, IVA or VI] as they apply to proceedings to which those provisions relate.

(3) The District Court and the Circuit Court on appeal from the District Court shall sit to hear and determine proceedings under Part III, IV or VI at a different place or at different times or on different days from those at or on which the ordinary sittings of the Court are held.

(4) Proceedings before the High Court in relation to proceedings under Part III, IV or VI shall be as informal as is practicable and consistent with the administration of justice.

F222[(5) Nothing contained in this section shall operate to prohibit—

(a) the preparation of a report of proceedings under F223[Part III, IV, IVA or VI] by—

(i) a barrister or a solicitor, F224[or]

(ii) F225[…]

(iii) a person falling within any other class of persons specified in regulations made under subsection (7) for the purposes of this subsection,

(b) the publication of a report prepared in accordance with paragraph (a), or

in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing such a report—

(i) attend the proceedings, and

(ii) have access to any F226[relevant documents],

subject to any directions the court may give in that behalf.

F227[(5A) (a) Subject to paragraph (b), nothing contained in this section shall operate to prohibit bona fide representatives of the Press from attending proceedings referred to in subsection (1).

(b) Subject to paragraphs (c) and (d), where, in proceedings referred to in subsection (1), a court is satisfied that it is necessary to do so—

(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice,

the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

(i) the best interests of a child to whom the proceedings relate;

(ii) the views, if any, of—

(I) a party to the proceedings, and

(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

(iii) whether information given or likely to be given in evidence is sensitive personal information;

(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings; and

(vii) whether information of the type referred to in subparagraphs (iii) and (vi) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

(e) Where evidence in proceedings referred to in subsection (1) concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

(f) In this subsection—

“party to the proceedings” includes a witness in the proceedings;

“sensitive personal information” means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

(i) information relating to the medical, psychiatric or psychological history of the person,

(ii) information relating to the tax affairs of the person,

(iii) information relating to the sexual conduct or sexual orientation of the person.]]

F229[(5B) (a) Where the Minister is satisfied that the attendance by an officer of the Minister at proceedings referred to in subsection (1) will assist the Minister in—

(i) the performance of his or her functions pursuant to Part VA and any regulations made thereunder, including the promotion of high professional standards and good practice by guardians ad litem in the performance of their functions under this Act, or

(ii) the review of the operation of this Act, in particular in relation to the care and protection of children,

the Minister may grant an approval to the officer (in this subsection referred to as an “approved officer”) for the purposes of such attendance.

(b) An approval under paragraph (a) shall specify—

(i) the name of the approved officer to whom it is granted,

(ii) the purpose for which it is granted,

(iii) the period for which it is valid,

(iv) the proceedings that the approved officer is permitted to attend,

(v) the purposes for which information, obtained by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), may be processed, which shall include the preparation of a report under paragraph (c)(iii) and the assistance of the Minister for a purpose referred to in paragraph (a),

(vi) without prejudice to any other requirement of the Data Protection Regulation or the Data Protection Act 2018, a requirement that personal data and special categories of personal data contained in information obtained, by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), shall be kept in such form that does not permit the identification of the parties to the proceedings or any child to whom the proceedings relate, and

(vii) such other matters as the Minister considers appropriate.

(c) Subject to any directions the court may give, nothing contained in this section shall operate to prohibit for the purposes specified in an approval—

(i) the attendance of an approved officer at proceedings referred to in subsection (1),

(ii) the access by such officer to any relevant documents of the proceedings referred to in subsection (1), and

(iii) the preparation by such officer of a report of the proceedings to assist the Minister for a purpose referred to in paragraph (a), provided that the report does not contain any information which would enable the parties to the proceedings or any child to whom the proceedings relate to be identified.

(d) In this subsection—

“personal data” has the same meaning as it has in the Data Protection Regulation;

“proceedings” include proceedings commenced but not completed before the commencement of this subsection;

“special categories of personal data” has the same meaning as it has in the Data Protection Act 2018.]

(6) F228[…]

(7) The Minister may, after consultation with the Minister for Justice, Equality and Law Reform, make regulations specifying a class of persons for the purposes of subsection (5) if the Minister is satisfied that the publication of reports prepared in accordance with subsection (5)(a) by persons falling within that class is likely to provide information which will assist in the better operation of this Act, in particular in relation to the care and protection of children.

(8) Nothing contained in this section shall be construed to prejudice the generality of—

(a) any other provision of this Act (including this Act as amended by the Child Care (Amendment) Act 2007) or any thing which may be done under any such provision, or

(b) section 267(2) of the Children Act 2001.

(9) In subsection (5), “proceedings” include proceedings commenced but not completed before the commencement of that subsection.

F230[(10) In subsections (5) and (5B), “relevant documents”, in relation to any proceedings referred to in those subsections, means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):

(a) the originating document in the proceedings;

(b) pleadings and other documents (including the terms of settlement, if any) produced to, or lodged with, the court or included in the book of pleadings;

(c) reports prepared in the course of the proceedings or otherwise under this Act and produced to, or lodged with, the court including—

(i) a report prepared by the Child and Family Agency, and

(ii) a report furnished by a guardian ad litem under section 35E(2);

and

(d) any order, decision or judgment of the court in the proceedings.]

Annotations

Amendments:

F221
Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(a), (b), S.I. No. 464 of 2022.

F222
Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 3, S.I. No. 509 of 2007.

F223
Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(c)(i), S.I. No. 464 of 2022.

F224
Inserted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(2)(a)(i), S.I. No. 453 of 2011.

F225
Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(2)(a)(ii), S.I. No. 453 of 2011.

F226
Substituted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(c)(ii), S.I. No. 464 of 2022.

F227
Inserted by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 8, S.I. No. 5 of 2014.

F228
Deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(2)(b), S.I. No. 453 of 2011.

F229
Inserted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(d), S.I. No. 464 of 2022.

F230
Inserted (21.09.2022) by Child Care (Amendment) Act 2022 (21/2022), s. 6(e), S.I. No. 464 of 2022.

Editorial Notes:

E101
Power pursuant to subs. (7) exercised (28.11.2012) by Child Care Act 1991 (Section 29(7)) Regulations (S.I. No. 467 of 2012).

E102
Previous affecting provision: subs. (5)(a)(ii) inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 3, S.I. No. 509 of 2007; deleted as per F-note above.

E103
Previous affecting provision: subs. (6) inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 3, S.I. No. 509 of 2007; deleted as per F-note above.

Power to proceed in absence of child.

30.—(1) It shall not be necessary in proceedings under Part III, IV F231[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI for the child to whom the proceedings relate to be brought before the court or to be present for all or any part of the hearing unless the court, either of its own motion or at the request of any of the parties to the case, is satisfied that this is necessary for the proper disposal of the case.

(2) Where the child requests to be present during the hearing or a particular part of the hearing of the proceedings the court shall grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child’s interests to accede to the request.

F232[(3) In subsection (1) and (2), where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

Annotations

Amendments:

F231
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(a), S.I. No. 637 of 2017.

F232
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 16(b), S.I. No. 637 of 2017.

Prohibition on publication or broadcast of certain matters.

31.—(1) No matter likely to lead members of the public to identify a child who is or has been the subject of proceedings under Part III, IV F233[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI F234[shall be published or broadcast.]

(2) Without prejudice to subsection (1), the court may, in any case if satisfied that it is appropriate to do so in the interests of the child, by order dispense with the prohibitions of that subsection in relation to him to such extent as may be specified in the order.

(3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of any other publication, the person who publishes it, and

(c) in the case of a broadcast, F235[any person] who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

F236[shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.]

F237[(3A) (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

(4) Nothing in this section shall affect the law as to contempt of court.

(5) F238[…]

F239[(5A) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

Annotations

Amendments:

F233
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(a), S.I. No. 637 of 2017.

F234
Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(a), S.I. No. 5 of 2014.

F235
Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2003), s. 9(b), S.I. No. 5 of 2014.

F236
Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2003), s. 9(b), S.I. No. 5 of 2014. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F237
Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013i (32/2003), s. 9(c), S.I. No. 5 of 2014.

F238
Repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(3), S.I. No. 334 of 2014.

F239
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(b), S.I. No. 637 of 2017.

Presumption and determination of age.

32.—In any application for an order under Part III, IV or VI, the court F240[, or for a special care order or an interim special care order under Part IVA (as amended by the Child Care (Amendment) Act 2011), the High Court)] shall make due inquiry as to the age of the person to whom the application relates and the age presumed or declared by the court F241[, or as the case may be, the High Court,] to be the age of that person shall, until the contrary is proved, for the purposes of this Act, be deemed to be the true age of that person.

Annotations

Amendments:

F240
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 18(a), S.I. No. 637 of 2017.

F241
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 18(b), S.I. No. 637 of 2017.

Rules of court.

33.—(1) For the purpose of ensuring the expeditious hearing of applications under Part III, IV or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.

F242[(1A) For the purposes of ensuring the expeditious hearing of applications and proceedings under, and in relation to, Part IVA (as amended by the Child Care (Amendment) Act 2011), rules of court may make provision for the service of superior court documents otherwise than under section 23 of the Courts Act 1971.]

(2) Rules of court may make provision for the furnishing of information and documents by parties to proceedings under Part III, IV F243[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI to each other or to solicitors acting for them.

(3) This section is without prejudice to section 17 of the Interpretation Act, 1937, which provides for rules of court.

Annotations

Amendments:

F242
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 19(a), S.I. No. 637 of 2017.

F243
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 19(b), S.I. No. 637 of 2017.

F244
Substituted byChild Care (Amendment) Act 2022(21/2022), s. 8(f)(i), not commenced as of date of revision.

F245
Inserted by Child Care (Amendment) Act 2022(21/2022), s. 8(f)(ii), not commenced as of date of revision.

Modifications (not altering text):

C28
Prospective affecting provision: subs. (1) amended and subs. (4) inserted by Child Care (Amendment) Act 2022(21/2022), s. 8(f)(i), (ii), not commenced as of date of revision.

33.—(1) For the purpose of ensuring the expeditious hearing of applications under Part III, F244[IV, VA] or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.

…

F245[(4) In subsection (2), a reference to parties to proceedings includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.]

Failure or refusal to deliver up a child.

34.—(1) Without prejudice to the law as to contempt of court, where the District Court has made an order under Part III or IV directing that a child be placed or maintained in the care of F246[the F247[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F246[the F248[Agency]], to give up the child to F246[the F248[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(2) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under Part III or IV if that person was present at the sitting of the court at which such an order was made.

Annotations

Amendments:

F246
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 40, S.I. No. 887 of 2004.

F247
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.

F248
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E104
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 12, S.I. No. 662 of 2010.

Warrant to search for and deliver up a child.

35.—Where a justice has made an order under Part IV directing that a child be placed or maintained in the care of F249[the F250[Child and Family Agency]], a justice may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) any house or other place specified in the warrant (including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F249[the F250[Child and Family Agency]].

Annotations

Amendments:

F249
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 41, S.I. No. 887 of 2004.

F250
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.

F251[PART VA

Guardians ad Litem

]

Annotations:

Amendments:

F251
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F252[Interpretation (Part VA)

35A.— …]

Annotations:

Amendments:

F252
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C29
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F252[35A.—(1) In this Part —

“appointed” means appointed under section 35C(1);

“authorisation” means an authorisation issued to a person under section 35L(1);

“child”, in relation to a guardian ad litem, means the child to whom the proceedings under Part IV, IVA, IVB or VI relate, and for whom the guardian ad litem is, or is to be, appointed;

“guardian ad litem” means a person in respect of whom an authorisation is issued;

“relevant date” means the date on which section 7 of the Child Care (Amendment) Act 2022 comes into operation.

(2) In this Part—

(a) a reference to the District Court shall be construed as including a reference to the Circuit Court on appeal from the District Court, and

(b) where the proceedings are proceedings under Part IVA, “court” means the High Court.]

F253[Order directing appointment of guardian ad litem

35B.— …]

Annotations:

Amendments:

F253
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C30
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F253[35B.—(1) A guardian ad litem shall not be appointed for a child in proceedings under this Act unless an order directing such appointment has been made under this section.

(2) In proceedings under Part IVA, the High Court shall by order direct that a guardian ad litem be appointed for a child.

(3) In proceedings under Part IV, IVB or VI, the District Court shall by order direct that a guardian ad litem be appointed for a child, unless the court—

(a) is satisfied, having regard to all of the circumstances that the court considers relevant to the child including the matters referred to in paragraphs (a) to (g) of section 24(2), that the best interests of the child can be determined without such appointment being made, and

(b) in respect of a child who is capable of forming his or her own views, it has determined other means by which to facilitate the expression by the child of those views.

(4) Where the District Court decides not to make an order under subsection (3), it shall give reasons for its decision in writing.

(5) Where a court makes an order under subsection (2) or (3), the court shall give directions relating to—

(a) the service on the Minister of such documents relating to the proceedings as he or she may require for the performance of his or her functions under section 35C,

(b) the service on such guardian ad litem as may be appointed of documents relating to the proceedings, and

(c) the notification of the making of the order and the appointment of a guardian ad litem under section 35C(1) to the parties to the proceedings.]

F254[Appointment of guardian ad litem for child

35C.— …]

Annotations:

Amendments:

F254
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C31
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F254[35C.—(1) Where an order under section 35B(2), (3) or 35H(3)(b) is made, the Minister shall appoint a guardian ad litem for the child to whom the order relates.

(2) The Minister shall notify the court that made the order under section 35B(2), (3) or 35H(3)(b), as the case may be, of an appointment under subsection (1) as soon as practicable after the making of such an appointment.

(3) The power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem in place of the guardian ad litem who stands appointed under that subsection.

(4) Where the Minister appoints a guardian ad litem for a child pursuant to an order under section 35H(3)(b), the power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem other than the guardian ad litem previously appointed for the child in the proceedings and to whom the order relates.]

F255[Legal advice and legal representation

35D.— …]

Annotations:

Amendments:

F255
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C32
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F255[35D.—(1) In proceedings under Part IVA, where a guardian ad litem is appointed for a child pursuant to an order under section 35B(2) or 35H(3)(b), the Minister shall provide, or arrange for the provision, to the guardian ad litem of legal advice and legal representation for the purposes of the proceedings for which the guardian ad litem is appointed.

(2) In proceedings under Part IV, IVB or VI, following the making of an order under section 35B(3) or 35H(3)(b), at the request of the guardian ad litem appointed for the child, the Minister, for the purposes of the proceedings for which the guardian ad litem is appointed—

(a) shall provide, or arrange for the provision, to the guardian ad litem of legal advice, and

(b) may, where he or she considers that it is in the best interests of the child, provide, or arrange for the provision, to the guardian ad litem of such legal representation as the Minister considers appropriate having regard to the matters specified in subsection (3).

(3) In determining for the purposes of subsection (2)(b) whether the provision of legal representation to the guardian ad litem is in the best interests of the child, the Minister shall have regard to:

(a) the views (if any) in relation to legal representation being provided to the guardian ad litem expressed by the court that made the order under section 35B(3) or 35H(3)(b);

(b) whether the guardian ad litem intends to make an application under this Act in relation to the child;

(d) whether an order has been made under section 35E(11).]

F256[Functions of guardians ad litem appointed under section 35C

35E.— …]

Annotations:

Amendments:

F256
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C33
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F256[35E.—(1) The functions of a guardian ad litem appointed for a child shall be—

(a) in so far as practicable and where the child is capable of forming his or her own views, to ascertain the views of the child in relation to any matter to which the proceedings relate, and

(b) to make recommendations to the court regarding what is in the best interests of the child—

(i) where the child has expressed views referred to in paragraph (a), after having considered those views, or

(ii) where the child is not capable of forming or expressing his or her views or is unwilling to express his or her views.

(2) Without prejudice to the generality of subsection (1), a guardian ad litem appointed for a child shall—

(a) furnish to the court a report that—

(i) conveys any views expressed by the child in relation to the matters to which the proceedings relate, and

(ii) contains the recommendations of the guardian ad litem regarding what is in the best interests of the child and the reasons for those recommendations,

(b) having regard to the age and maturity of the child, inform him or her of—

(i) the recommendations referred to in paragraph (a)(ii),

(ii) the outcome of the proceedings, and

(iii) such other matters relevant to the proceedings as the guardian ad litem considers appropriate,

(c) inform the court of any additional matters, relevant to the best interests of the child, coming to his or her knowledge as a result of the performance by the guardian ad litem of his or her functions, and

(d) perform such additional functions as the court, having regard to subsection (3), may of its own motion direct either generally or for a specified purpose.

(3) In determining for the purpose of subsection (2)(d) whether to direct the performance by a guardian ad litem of such additional functions as the court may specify, the court shall have regard to the nature of the case and whether such performance is necessary and in the best interests of the child.

(4) Subject to this Part, a guardian ad litem appointed for a child shall be independent in the performance of his or her functions.

(5) A guardian ad litem shall, in the performance of his or her functions under this Part, regard the best interests of the child as the paramount consideration.

(6) In determining for the purposes of this section what is in the best interests of the child, a guardian ad litem appointed for the child shall have regard to all of the circumstances that he or she considers relevant to that child, including the matters referred to in paragraphs (a) to (g) of section 24(2).

(7) Subject to subsection (9), a copy of a report furnished to the court under subsection (2)(a) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings, or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(8) The court or any party to the proceedings may call a guardian ad litem appointed for a child as a witness.

(9) The court may, where it considers appropriate, order that such part of the report as is specified in the order shall be omitted from a copy made available under subsection (7).

(10) A guardian ad litem appointed for a child is not a party to the proceedings.

(11) Notwithstanding subsection (10), the court may, in any proceedings under this Act in which a guardian ad litem has been appointed for a child pursuant to an order under section 35B(2), (3) or 35H(3)(b), of its own motion or on the application of the guardian ad litem, where it is satisfied, having regard to the nature of the case, that it is necessary and in the best interests of the child and in the interests of justice to do so, order that the guardian ad litem shall have such of the rights of a party as may be specified by the court in the entirety of the proceedings or in respect of such issues in the proceedings as the court may direct.]

F257[Powers of guardians ad litem appointed under section 35C

35F.— …]

Annotations:

Amendments:

F257
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C34
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F257[35F.—(1) A guardian ad litem appointed for a child may make an application to the court—

(a) subject to subsection (4), to procure a report on any question affecting the welfare of the child where—

(i) there is no report on the question concerned, or

(ii) the information in a report on the question concerned is out of date,

(b) for the provision of information to the guardian ad litem by any person, or

(2) The court may by order—

(a) on an application under subsection (1)(a), direct the Child and Family Agency to procure a report from such person as the court may nominate on any question affecting the welfare of the child,

(b) on an application under subsection (1)(b), direct such person as the court considers appropriate to provide specified information to the guardian ad litem appointed for the child, and

(3) In deciding whether or not to give a direction under subsection (2)(a), the court shall have regard to the wishes of the parties to the proceedings.

(4) A guardian ad litem appointed for a child shall consult the parties to the proceedings or the counsel or solicitor, if any, representing such parties before making an application under subsection (1)(a).

(5) Where a court gives a direction under subsection (2), a person to whom the direction is made shall, subject to subsection (9), comply with such direction.

(6) A copy of a report prepared pursuant to a direction under subsection (2)(a) shall be made available to the guardian ad litem appointed for the child, the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(7) The court may, where it considers appropriate, order that such part of a report prepared pursuant to a direction under subsection (2)(a) as is specified in the order shall be omitted from a copy made available under subsection (6).

(8) Where a person prepares a report pursuant to a direction under subsection (2)(a)—

(a) the fees and expenses of the person shall be paid by such party to the proceedings as the court shall order, and

(b) the court, the guardian ad litem or any party to the proceedings may call the person as a witness.

(9) Nothing in this section shall operate to require a person to provide a guardian ad litem appointed for a child with any information that the person would be entitled to refuse to provide on the grounds of legal professional privilege.]

F258[Provision of information by Child and Family Agency

35G. — …]

Annotations:

Amendments:

F258
Inserted by Child Care (Amendment) Act 2022(21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C35
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F258[35G.—(1) A guardian ad litem appointed for a child may request the Child and Family Agency to provide to him or her any information relating to the welfare of the child necessary for the performance by the guardian ad litem of his or her functions under this Act.

(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018 —

(a) the Child and Family Agency shall comply with a request under subsection (1), and

(b) the guardian ad litem may apply to the court to determine any dispute between the guardian ad litem and the Agency in relation to the requirement of the Agency to provide information under this section.

(3) The Child and Family Agency, in complying with a request under subsection (1), is not required to furnish information that would be exempt from production in proceedings in a court on the grounds of legal professional privilege.]

F259[Cessation of appointment and re-appointment of guardian ad litem

35H.—]

Annotations:

Amendments:

F259
Inserted by Child Care (Amendment) Act 2022(21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C36
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F259[35H.—(1) Subject to subsections (3) and (4), an order under section 35B(2) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the High Court makes a special care order—

(i) on the expiration of the period specified in the special care order or such extended period (within the meaning of section 23J(9)), if any, for which the special care order has effect, or

(ii) upon the discharge of the special care order under section 23NE,whichever is the earlier;

(b) where the High Court makes an interim special care order—

(i) on the expiration of the period specified in the interim special care order or such extended period (within the meaning of section 23N(9)), if any, for which the interim special care order has effect, or

(ii) upon the discharge of the interim special care order under section 23NE,whichever is the earlier;

(c) upon a determination by the High Court not to make a special care order or an interim special care order, as the case may be, in respect of the child to whom the order relates;

(d) by direction of the High Court; or

(e) when the child to whom the order relates attains the age of 18 years.

(2) Subject to subsections (3) and (4), an order under section 35B(3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the District Court makes an interim care order under section 17, on the expiration of the period specified in the interim care order or any extension of such period under subsection (2) of that section;

(b) upon a determination by the District Court to refuse to make an interim care order under section 17;

(d) upon a determination by the District Court of an application under section 19(1) for a supervision order;

(e) upon a determination by the District Court of an application under—

(i) section 22(a), (b) or (c),

(ii) section 43A, or

(iii) section 43B(1);

(f) other than where the child to whom the order relates is in the care of the Child and Family Agency under section 17, upon a determination by the District Court of an application under—

(i) section 37(2) or (3), or

(ii) section 47;

(g) by direction of the District Court; or

(h) when the child to whom the order relates attains the age of 18 years.

(3) Where a court by order directs that proceedings in which an order has been made under section 35B(2) or (3) are to be kept under review, the court may—

(a) direct that the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect until such time as a hearing of a review is due to take place, and

(b) prior to the date of the review, by order direct that a guardian ad litem previously appointed for the child in the proceedings be re‑appointed for that child.

(4) Where a child in respect of whom a court has made an order under section 35B(2) or (3), as the case may be, becomes a party to the proceedings by order under section 25(1), or otherwise than by reason of such an order, the court shall determine when the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect having regard to the matters referred to in paragraphs (a) to (g) of section 24(2).

(5) In subsections (1) and (2), a reference to an order, a determination or a direction is a reference to such order, determination or direction in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(6) For the purposes of subsection (1)(a)(i), where the High Court, pursuant to an application to which subsection (2)(b) or (5)(b) of section 23NJ applies, makes a special care order (in this subsection referred to as the “subsequent care order”)—

(a) a reference in subsection (1)(a)(i) to the expiration of the period specified in a special care order shall be construed as including a reference to the expiration of the period specified in the subsequent care order, and

(b) a reference to the expiration of an extended period for which the special care order has effect shall be construed as including a reference to the expiration of an extended period for which the subsequent care order has effect.

(7) Where an interim special care order referred to in subsection (1)(b) is an order made in accordance with section 23L(3), a reference in that subsection to an interim special care order shall be construed as including a reference to such interim special care order that the High Court may make at a hearing referred to in section 23M(1)(a).]

F260[Costs

35I.— …]

Annotations:

Amendments:

F260
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C37
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F260[35I.—(1) Any costs or expenses reasonably incurred by a guardian ad litem in the exercise of his or her functions under this Act shall be paid by the Minister and the Minister may apply to the court to have the amount of any such costs or expenses measured or taxed.

(2) The court may, on the application to it in that behalf by the Minister, order a party to proceedings in which a guardian ad litem is appointed to pay to the Minister any costs or expenses payable by the Minister under subsection (1).

(3) In this section, “costs or expenses” means costs or expenses in respect of work done on or after the relevant date.]

F261[Regulations

35J.— …]

Annotations:

Amendments:

F261
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C38
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F261[35J.—(1) The Minister may, for the purpose of promoting high professional standards and good practice on the part of guardians ad litem, make regulations relating to the standard of performance by guardians ad litem of their functions under this Act, and, without prejudice to the generality of the foregoing, such regulations may:

(a) specify the standards to be applied to guardians ad litem in the performance by them of their functions under this Act;

(b) make provision for the training of guardians ad litem;

(d) make provision for the procedures that are to apply to monitor, measure and evaluate the performance by guardians ad litem of their functions under this Act;

(e) make provision for the establishment and administration of a system of investigation and adjudication of complaints against guardians ad litem;

(f) make provision for the procedures that are to apply in respect of the keeping of records by guardians ad litem;

(g) specify such fees and expenses to be paid to guardians ad litem as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine;

(h) make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of the provision, or arrangement for the provision of, legal advice to, and legal representation for, guardians ad litem;

(i) make provision for such other matters as the Minister considers necessary to ensure that guardians ad litem are capable of performing their functions under this Act.

(2) Regulations under this section may make different provision in relation to different classes of persons and different classes of proceedings, and contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

F262[Provision of information by guardians ad litem to Minister

35K.— …]

Annotations:

Amendments:

F262
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C39
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F262[35K.—(1) The Minister may request a guardian ad litem to provide the Minister with such information relating to the performance of the functions of the guardian ad litem under this Act (including information relating to the proceedings in which he or she has been appointed for a child) as is necessary for the performance by the Minister of his or her functions under this Part.

(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, a guardian ad litem shall comply with a request under subsection (1).

(3) The Minister may use such information provided in response to a request under subsection (1) as he or she requires for the performance of his or her functions under this Part.]

F263[Authorisation

35L.— …]

Annotations:

Amendments:

F263
Inserted by Child Care (Amendment) Act 2022(21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C40
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022(21/2022), s. 7, not commenced as of date of revision.

F263[35L.—(1) Subject to this section, the Minister may issue an authorisation in writing to such and so many persons as the Minister considers appropriate to perform the functions conferred on a guardian ad litem by or under this Act.

(2) A person will not be considered appropriate for the purposes of subsection (1) unless—

(a) the person is a member of a class prescribed under subsection (3)(a), and

(b) subject to subsection (3)(c), the person satisfies such requirements as may be specified under subsection (3)(b).

(3) The Minister may by regulations—

(a) prescribe a class or classes of persons who, in the opinion of the Minister, are suitable to be guardians ad litem,

(b) specify the requirements that a member of a class or classes prescribed under paragraph (a) shall satisfy in order to be considered appropriate for the purposes of subsection (1), and

(c) provide for exemptions from any requirement referred to in paragraph (b) for a specified class or classes of persons.

(4) When prescribing a class or classes of persons under subsection (3)(a), the Minister shall have regard to—

(a) the functions to be performed by guardians ad litem under this Act, and

(b) the qualifications, minimum level of professional experience, training and expertise of such class or classes of persons.

(5) When specifying requirements under subsection (3)(b) and providing for exemptions under subsection (3)(c) in respect of such requirements, the Minister shall have regard to—

(a) the functions to be performed by guardians ad litem under this Act, and

(b) the promotion of high professional standards and good practice on the part of guardians ad litem.

(6) Where the Minister is considering issuing an authorisation to a person, the Minister may request the person to provide the Minister with such information as the Minister may require in order to decide whether to issue the authorisation and the person shall comply with the request concerned.

(7) Where in the opinion of the Minister a person fails without good cause to comply with a request under subsection (6), the Minister may have regard to such failure when considering whether to issue an authorisation to the person.]

F264[Notification of relevant matters

35M.— …]

Annotations:

Amendments:

F264
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C41
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F264[35M.—(1) A guardian ad litem shall notify the Minister in writing of any relevant matter in relation to him or her which would be likely to affect his or her authorisation, as soon as practicable and in any event not later than 14 days after that matter comes to the knowledge of the guardian ad litem.

(2) In this section, “relevant matter”, includes a criminal record within the meaning of section 2 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, other than a conviction to which section 14A of that Act applies.]

F265[Revocation of authorisation

35N.— …]

Annotations:

Amendments:

F265
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C42
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F265[35N.—The Minister may revoke an authorisation issued in respect of a person if it appears to the Minister that—

(a) any requirement for the granting of the authorisation is no longer satisfied,

(b) the person has failed to comply with section 35M(1),

(d) the person has become incapable through ill-health or otherwise of performing the functions of a guardian ad litem under this Act, or

(e) there are other good and sufficient reasons to do so.]

F266[Cessation of authorisation

35O. — …]

Annotations:

Amendments:

F266
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C43
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F266[35O.—(1) An authorisation issued in respect of a person shall cease to have effect—

(a) where it is revoked under section 35N,

(b) in the case of a person who is an officer of the Minister, where the person ceases to be an officer of the Minister,

(c) in the case of a person with whom the Minister has entered into a contract for services under section 35P, on the expiry of the period of the contract, or on the expiry of such further period as the Minister may direct in accordance with subsection (3), or

(d) at the request of the person.

(2) Where an authorisation ceases in accordance with subsection (1) and the person in respect of whom the authorisation was issued stands appointed for a child, the person concerned shall cease to be so appointed.

(3) Where the period of a contract referred to in subsection (1)(c) is due to expire before the conclusion of proceedings in which a person is appointed for a child, the Minister may direct that the authorisation issued in respect of the person shall continue for such period as the Minister considers necessary having regard to the proceedings concerned.]

F267[Contracts for services

35P.— …]

Annotations:

Amendments:

F267
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C44
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F267[35P.—(1) This section applies to a person who the Minister is satisfied is appropriate to perform the functions conferred on a guardian ad litem by or under this Act.

(2) The Minister may enter into contracts for services with such and so many persons to whom the section applies as the Minister considers necessary for the performance by him or her of the functions under section 35C(1) or 35L(1).

(3) A contract for services entered into under subsection (2) shall contain such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(4) The Minister may issue an authorisation to a person with whom he or she has entered into a contract for services under subsection (2).]

F268[Transitional and saving provisions (Part VA)

35Q.— …]

Annotations:

Amendments:

F268
Inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

Modifications (not altering text):

C45
Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022(21/2022), s. 7, not commenced as of date of revision.

F268[35Q.—(1) Where immediately prior to the relevant date a person—

(a) stands appointed under section 26 as a guardian ad litem,

(b) is a person in respect of whom the Minister has received a vetting disclosure, and

then, on and from that date, the appointment shall be deemed to be an appointment under section 35C(1).

(2) Where an appointment is deemed under subsection (1) to be an appointment under section 35C(1), this Part shall apply to the person concerned subject to the following modifications and any other necessary modifications—

(a) an order made under section 26 prior to the relevant date—

(i) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IVA, shall be treated as if it was an order made under section 35B(2), and

(ii) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IV, IVB or VI, shall be treated as if it was an order made under section 35B(3),

(b) an order referred to in paragraph (a)(i) shall cease to have effect—

(i) in accordance with section 35H(1), or

(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,

whichever is the earlier,

(i) in accordance with section 35H(2), or

(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,

whichever is the earlier, and

(d) where prior to the relevant date the person had instructed a solicitor or counsel, or both, to represent him or her in proceedings under this Act, then on and from that date, the solicitor or counsel, or both, as the case may be, may continue to represent the person in such proceedings for such period as the order has effect, in accordance with paragraph (b) or (c), as the case may be.

(3) In this section, “vetting disclosure” has the same meaning as it has in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.]

PART VI

Children in the Care of Child and Family Agency

Annotations

Amendments:

F269
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.

Annotations

Editorial Notes:

E105
Power conferred on Agency to make arrangements with any suitable person to discharge its obligations under Part (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 58 (1), S.I. No. 502 of 2013.

E106
Previous affecting provision: term “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004; superseded as per F-note above.

Accommodation and maintenance of children in care.

36.—(1) Where a child is in the F270[care of the F271[Child and Family Agency]], F272[subject to subsection (4),] F270[the F273[Agency] shall] provide such care for him, subject to its control and supervision, in such of the following ways as it considers to be in his best interests—

(a) by placing him with a foster parent, or

(b) by placing him in residential care (whether in a children’s residential centre registered under Part VIII, in a residential home maintained F270[by the F273[Agency]] or in a school or other suitable place of residence), or

(c) in the case of a child who may be eligible for adoption under the Adoption Acts, 1952 to 1988, by placing him with a suitable person with a view to his adoption, or

(d) by making such other suitable arrangements (which may include placing the child with a relative) F270[as the F273[Agency]] thinks proper.

(2) In this Act, “foster parent” means a person other than a relative of a child who is taking care of the child on behalf of F270[the F271[Child and Family Agency]] in accordance with regulations made under section 39 and “foster care“ shall be construed accordingly.

(3) Nothing in this section shall prevent F270[the F271[Child and Family Agency]] sending a child in its care to any hospital or to any institution which provides nursing or care for children suffering from physical or mental disability.

F272[(4) A placement referred to in subsection (1) shall not be made in respect of a child who is the subject of a special care order or an interim special care order during the period for which that order has effect.]

Annotations

Amendments:

F270
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 42(a) and (b), S.I. No. 887 of 2004.

F271
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.

F272
Inserted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 7, S.I. No. 636 of 2017.

F273
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F274
Substituted by Health Act 2007, s. 105 and sch. 2 part 1 item 4, not commenced as of date of revision.

Modifications (not altering text):

C46
Prospective affecting provision: subs. (1)(b) substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 4, not commenced as of date of revision.

F274[ (b) by placing him or her in residential care (whether in a children’s residential centre or in a school or other suitable place of residence), or ]

Editorial Notes:

E107
Previous affecting provision: subs. (1) amended and subs. (4) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 20, not commenced; s. 20 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 15 and sch. 2, S.I. No. 626 of 2017.

Access to children in care.

37.—(1) Where a child is in the care of F275[the F276[Child and Family Agency]] whether by virtue of an order under Part III or IV or otherwise, F275[the F277[Agency]] shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of F275[the F277[Agency]], has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.

F278[(1A) Where a child is in the care of the F276[Child and Family Agency] pursuant to a special care order or an interim special care order, the F276[Child and Family Agency] shall, subject to this Act, and to a direction, if any, given under section 23NA(2)(a) (inserted by the Child Care (Amendment) Act 2011), and in accordance with that special care order or interim special care order and that direction, if any, facilitate reasonable access to the child in the special care unit by his or her parents, a person acting in loco parentis, a guardian or any other person who, in the opinion of the F276[Child and Family Agency], has a bona fide interest in the child.]

F279[(2) Any person who is dissatisfied with arrangements made by the Child and Family Agency under subsection (1) or (1A) or by the Health Service Executive under those subsections before the establishment of that Agency may apply to the court, and the court may—

(a) make such order as it thinks proper regarding access to the child by that person, and

(b) vary or discharge that order on the application of any person.]

(3) The court, on the application of F275[the F276[Child and Family Agency]], and if it considers that it is necessary to do so in order to safeguard or promote the child’s welfare, may—

(a) make an order authorising F275[the F277[Agency]] to refuse to allow a named person access to a child in its care, and

(b) vary or discharge that order on the application of any person.

(4) This section is without prejudice to section 4 (2).

F280[(5) In this section, in proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

Annotations

Amendments:

F275
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 43(a)-(c), S.I. No. 887 of 2004.

F276
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 and (31.12.2017) Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 8, S.I. No. 636 of 2017.

F277
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F278
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 21(a), S.I. No. 637 of 2017.

F279
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 13, S.I. No. 502 of 2013.

F280
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 21(c), S.I. No. 637 of 2017.

F281
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 43(a)-(c), S.I. No. 887 of 2004.

F282
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 21(b), not commenced as of date of revision.

Modifications (not altering text):

C47
Prospective affecting provisions: words in subs. (2) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 21(b), not commenced as of date of revision.

(2) Any person who is dissatisfied with arrangements made F281[by the F276[Child and Family Agency] under subsection (1) or by a health board under that subsection before the amendment of the subsection by the Health Act 2004] F282[or with arrangements made by the F276[Child and Family Agency] under subsection (1A) (inserted by the Child Care (Amendment) Act 2011)] may apply to the court, and the court may—…

Provision of residential care by Child and Family Agency

38.—F284[The F283[Child and Family Agency]] shall make arrangements with the registered proprietors of children’s residential centres or with other suitable persons to ensure the provision of an adequate number of residential places for children in its care.

(2) F284[The F283[Child and Family Agency]] may, with the approval of the Minister, provide and maintain a residential centre or other premises for the provision of residential care for children in care.

(3) The Minister shall make regulations with respect to the conduct of homes or other premises provided by F284[the F283[Child and Family Agency]] under this section and for securing the welfare of children maintained therein.

(4) Without prejudice to the generality of subsection (3), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by officers of the Minister.

Annotations

Amendments:

F283
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.

F284
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 44, S.I. No. 887 of 2004.

F285
Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 5(a), (b), not commenced as of date of revision.

F286
Repealed by Health Act 2007 (23/2007), s. 104 and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C48
Prospective affecting provisions: subss. (1), (2) substituted and subss. (3), (4) repealed by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 5 and s. 104 and sch. 1 part 1, not commenced as of date of revision.

38.—F285[(1) The F283[Child and Family Agency] may make arrangements with suitable persons to ensure the provision of an adequate number of residential places for children in its care.

(2) The F283[Child and Family Agency] may provide and maintain a children’s residential centre or other premises for the provision of residential care for children in care.]

(3) F286[…]

(4) F286[…]

C49
Meaning of premises under section extended by Children Act 2001 (24/201), s. 159(5); as substituted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 146, S.I. No. 65 of 2007.

[Certified schools under Act of 1908.

159.— …

(5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the F283[Child and Family Agency] under section 38(2) of the Act of 1991.]

Editorial Notes:

E108
Prospective affecting provision: subss. (1) and (2) amended by substitution of “Child and Family Agency” for “Health Service Executive” by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 9, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note and C-note above.

E109
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).

Regulations as to foster care.

39.—(1) The Minister shall make regulations in relation to the placing of children in foster care by F287[the F288[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 foster care;

(b) prescribe the form of contract to be entered into by F287[the F288[Child and Family Agency]] with foster parents;

Annotations

Amendments:

F287
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 45(a), (b), S.I. No. 887 of 2004.

F288
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:

E110
Power pursuant to section exercised (3.02.2021) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2021 (S.I. No. 41 of 2021).

E111
Power pursuant to section exercised (5.11.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 540 of 2020).

E112
Power pursuant to section exercised (19.08.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 312 of 2020).

E113
Power pursuant to section exercised (12.05.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020 (S.I. No. 170 of 2020).

E114
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.

E115
Power pursuant to section exercised (21.12.2015) by Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015 (S.I. No. 606 of 2015).

E116
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).

E117
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.

Regulations as to residential care.

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;

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.

Regulations as to placement with relatives.

41.—(1) The Minister shall make regulations in relation to the making of arrangements by F291[the F292[Child and Family Agency]] under section 36 (1) (d) for the care of children 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 by F291[the F292[Child and Family Agency]] with relatives;

(b) prescribe the form of contract to be entered into by F291[the F292[Child and Family Agency]] with relatives;

(c) provide for the supervision and visiting by F291[the F292[Child and Family Agency]] of children placed with relatives.

Annotations

Amendments:

F291
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 47(a)-(c), S.I. No. 887 of 2004.

F292
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:

E122
Power pursuant to section exercised (3.02.2021) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2021 (S.I. No. 42 of 2021).

E123
Power pursuant to section exercised (5.11.2020) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 541 of 2020).

E124
Power pursuant to section exercised (19.08.2020) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 313 of 2020).

E125
Power pursuant to section exercised (12.05.2020) by CChild Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest – Covid-19) (Amendment) Regulations 2020 (S.I. No. 171 of 2020).

E126
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.

E127
Power pursuant to section exercised (21.12.2015) by Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015 (S.I. No. 607 of 2015).

E128
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).

E129
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.

Review of cases of children in care.

42.—(1) The Minister shall make regulations requiring the case of each child in the care of F293[the F294[Child and Family Agency]] to be reviewed in accordance with the provisions of the regulations.

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

(a) as to the manner in which each case is to be reviewed,

(b) as to the frequency of reviews, and

(c) requiring the F294[Child and Family Agency] to consider whether it would be in the best interests of the child to be given into the custody of his parents.

Annotations

Amendments:

F293
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 48(a) and (b), S.I. No. 887 of 2004.

F294
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.

F295
Inserted by Child Care (Amendment) Act 2011 (19/2011), s. 22, not commenced as of date of revision.

Modifications (not altering text):

C50
Prospective affecting provision: subs. (3) inserted by Child Care (Amendment) Act 2011 (19/2011), s. 22, not commenced as of date of revision.

Review of cases of children in care.

42.— …

F295[(3) Regulations under this section shall not apply to children who are the subject of special care orders or interim special care orders during the period those orders have effect.]

Editorial Notes:

E130
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.

E131
Power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004).

E132
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).

E133
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).

E134
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).

E135
Previous affecting provision: “Health Service Eecutive” substituted (1.01.2005) for “board” in subs. (2)(c) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 48(b), S.I. No. 887 of 2004; substituted as per F-note above.

E136
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.

Removal from placement.

43.—F296[(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.]

(2) Where a person refuses or neglects to comply with a request of F297[the F298[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F297[the F299[Agency]] may apply to the District Court for an order directing that person to deliver up the child to the custody of F297[the F299[Agency]] and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.

(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody of F297[the F298[Child and Family Agency]]), any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F297[the F299[Agency]], to give up the child to F297[the F299[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(4) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (2) if that person was present at the sitting of the court at which such an order was made.

(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between F297[the F298[Child and Family Agency]] and that person in respect of the child shall terminate immediately upon the removal.

(6) The provisions of this section are without prejudice to the power of F297[the F298[Child and Family Agency]] to apply for an order under Part III or IV.

Annotations

Amendments:

F296
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 14, S.I. No. 502 of 2013.

F297
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 49(a)-(e), S.I. No. 887 of 2004.

F298
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.

F299
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

Editorial Notes:

E137
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.

E138
Power pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).

E139
Power pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).

E140
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).

F300[

Orders relating to children in care of same foster parent or relative for five years or more.

43A.— (1) This section applies to a child in the care of the F301[Child and Family Agency] whether in care under section 4 or under section 18 and whether the child has been placed under section 36(1)(a) with a foster parent or under section 36(1)(d) with a relative.

(2) On the application of a foster parent or relative with whom the child has been placed, the court may grant an order under this section, but only if it is satisfied that—

(a) the foster parent or relative has been taking care of the child for a period of not less than five years beginning on the date of placement in accordance with this Act and ending on the date of application,

(b) the granting of the order is in the child’s best interests,

(d) the F301[Child and Family Agency] has, on behalf of the foster parent or relative—

(i) if the child is in its care under section 4, obtained the consent to the granting of the order of a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, or

(ii) if the child is in its care under section 18, given notice of the application to a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, and

(e) the child’s wishes have, in so far as is practicable, been given due consideration having regard to the age and understanding of the child.

(3) In determining whether a foster parent or relative has been taking care of a child for the period required by subsection (2)(a), any interruption of the placement during that period shall be disregarded unless the total number of days of interruption, whether consecutive or not, exceeds 30.

(4) The requirement of subsection (2)(d) as to the consent or notification of a parent or other person does not apply if—

(a) the court is satisfied that he or she is missing and cannot be found by the F301[Child and Family Agency], or

(b) the court, having regard to the child’s welfare, so directs.

(5) Subject to any conditions or restrictions imposed under subsection (6), an order under this section shall authorise the foster parent or relative to whom it is granted—

(a) to have, on behalf of the F301[Child and Family Agency], the like control over the child as if the foster parent or relative were the child’s parent, and

(b) to do, on behalf of the F301[Child and Family Agency], what is reasonable (subject to the provisions of this Act and of the regulations for the time being in force under this Act) in all the circumstances of the case for the purpose of safeguarding and promoting the child’s health, development or welfare and, in particular, give consent to—

(i) any necessary medical or psychiatric examination, treatment or assessment with respect to the child, and

(ii) the issue of a passport to, or the provision of passport facilities for, the child to enable the child to travel abroad for a limited period.

(6) In granting the order, the court may impose any conditions or restrictions it thinks fit as to the extent of the authority of the foster parent or relative to whom the order is granted.

(7) Any consent given by a foster parent or relative of the child in accordance with an order under this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.

(8) In the absence of a consent referred to in subsection (5) being given by the foster parent or relative to whom an order under this section was granted, the F301[Child and Family Agency] has authority to give consent in accordance with section 18(3) in relation to the child.

(9) Nothing in this section or section 18 shall be construed as making ineffective any consent that, by virtue of section 23 of the Non-Fatal Offences Against the Person Act 1997, would otherwise be an effective consent.

(10) Any arrangement that is in place or order that is in force under section 37 with respect to access to the child immediately before an order under this section is granted continues in place or in force, unless when granting the order—

(a) in the case of an arrangement under subsection (1) of section 37, the court makes an order under subsection (2) of that section, or

(b) in the case of an order under subsection (2) or (3) of section 37, the court varies or discharges that order.

(11) Subsection (10) is without prejudice to the jurisdiction of the court to make, at any time, an order under section 37 with respect to access to the child or to vary or discharge such an order, including an order continued or varied pursuant to that subsection.

(12) This section and section 43B are without prejudice to any other provisions of this Act, or any provisions of the regulations for the time being in force under this Act, that in the interests of a child in care assign functions to the F301[Child and Family Agency].

(13) For the purpose of this section and section 43B, “relevant time” means—

(a) in relation to a child in care under section 4, immediately before the child was taken into care under that section, and

(b) in relation to a child in care under section 18, immediately before a care order was made in relation to the child.]

Annotations

Amendments:

F300
Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 4, S.I. No. 509 of 2007.

F301
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.

F302[

Variation, discharge or cessation of order

under section 43A.

43B.— (1) The court may vary or discharge an order under section 43A or any condition or restriction attaching to that order on the application of any of the following persons:

(a) the F303[Child and Family Agency];

(b) a foster parent or relative to whom the order was granted;

(d) a person (other than the foster parent or relative to whom the order was granted) acting in loco parentis to the child concerned;

(e) a person who, in the opinion of the court, has a bona fide interest in the child concerned.

(2) An order under section 43A ceases to have effect—

(a) if the child concerned is in care under section 4, when care of the child is resumed by the parent or other person whose wishes the F303[Child and Family Agency] is required under that section to have regard to,

(b) if the child concerned is the subject of a care order, when the care order is discharged under section 22 or ceases to have effect under section 44(2),

(c) if the child concerned is, in accordance with section 43 and regulations made by the Minister, removed from the custody of the foster parent or relative to whom the order under section 43A was granted, immediately on the child’s removal,

(d) if the foster parent or relative to whom the order under section 43A was granted requests the F303[Child and Family Agency] to remove the child concerned from his or her custody, when the child is removed in accordance with the request, or

(e) when the child concerned attains the age of 18 years or marries,

whichever is the sooner.]

Annotations

Amendments:

F302
Inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 4, S.I. No. 509 of 2007.

F303
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.

Children who become adopted.

44.—F304[(1) Where a child is adopted under the Adoption Act 2010 and the child, immediately before the adoption, was being maintained in foster care by the F305[Child and Family Agency] with the adopter or adopters, the F305[Child and Family Agency], subject to—

(a) any general directions that may be given by the Minister, and

(b) any conditions that may be imposed by the F305[Child and Family Agency],

may contribute to the child’s maintenance as if the child continued to be in foster care.

(2) Where a child is adopted under the Adoption Act 2010, any care order in force in respect of the child ceases to have effect.]

Annotations

Amendments:

F304
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 158(e), S.I. No. 511 of 2010.

F305
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:

E141
Previous affecting provision: subss. (1) substituted and (2) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6, item 50(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.

F310
Inserted (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 9, S.I. No. 296 of 2017.

Recovery of children removed from care etc.

46.—(1) The provisions of this section shall apply to any child who is in the care of F311[the F312[Child and Family Agency]] F313[, other than special care under Part IVA,] and who is, without lawful authority, removed from the custody of F311[the F314[Agency]] or from the custody of any person who is taking care of him on behalf of F311[the F314[Agency]] or prevented from returning to such custody at the end of any period of leave.

(2) The F311[the F314[Agency]] may request the Garda Síochána to search for the child and to deliver him up to the custody of the F314[Agency] and the Garda Síochána may take all reasonable measures to comply with such a request.

F315[(2A) A request made by the Health Service Executive to the Garda Síochána under subsection (2) before the establishment of the Child and Family Agency shall be deemed to have been made by the Child and Family Agency if the child in respect of whom the request was made is not delivered up to the Health Service Executive before the establishment day of the Agency.]

(3) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child named in the application, make an order directing that person to deliver up the child to the custody of the F311[the F312[Child and Family Agency]].

(4) Without prejudice to the law as to contempt of court where the District Court has made an order under subsection (3) directing that a child be delivered up to the care of F311[the F312[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F311[the F314[Agency]], to give up the child to F311[the F314[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

(5) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (3) if that person was present at the sitting of the court at which such an order was made.

(6) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that the child named in the application is in any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) specified in the information, issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary to enter (if need be by force) and to search the house or other place for the child; and if the child is found he shall be returned to the custody of F311[the F312[Child and Family Agency]].

(7) An application for an order under subsection (3) may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte.

(8) An application for an order under subsection (3) or for a warrant under subsection (6) may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.

(9) Without prejudice to section 28—

(a) an order under subsection (3) may be made by a justice of the District Court for the time being assigned to the district court district where the person specified in the information resides or is for the time being, and

(b) a warrant under subsection (6) may be issued by a justice for the time being assigned to the district where the house or other place specified in the information is situated,

and, in either case, where such justice is not immediately available the order may be made, or the warrant issued, by any justice of the District Court.

Annotations

Amendments:

F311
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 52(a), (b), (d), (e) and (f), S.I. No. 887 of 2004.

F312
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.

F313
Inserted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 10, S.I. No. 636 of 2017.

F314
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 2, S.I. No. 502 of 2013.

F315
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 15, S.I. No. 502 of 2013.

Editorial Notes:

E145
A fine of £500 converted (1.01.1999) to €634.86. This translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.

E146
Previous affecting provision: words inserted in subs. (1) by Child Care (Amendment) Act 2011 (19/2011), s. 24, not commenced; s. 24 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 15 and sch. 2, S.I. No. 636 of 2017.

E147
The insertion of subs. (2A) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 15, S.I. No. 502 of 2013, is here treated as a substitution, and the previous subs. (2A) is mentioned below as a previous affecting provision.

E148
Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 52(b), S.I. No. 887 of 2004; substituted as per F-note above.

E149
Previous affecting provision: subs. (2A) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 52(c), S.I. No. 887 of 2004; substituted as per F-note above.

Application for directions.

47.—Where a child is in the care of F316[the F317[Child and Family Agency]] F318[, other than special care under Part IVA,], the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order.

Annotations

Amendments:

F316
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 53, S.I. No. 887 of 2004.

F317
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.

F318
Inserted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 11, S.I. No. 636 of 2017.

Editorial Notes:

E150
Previous affecting provision: words inserted by Child Care (Amendment) Act 2011 (19/2011), s. 25, not commenced; s. 25 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 15 and sch. 2, S.I. No. 636 of 2017.

Transitional provisions.

48.—(1) On the commencement of Part IV any child who is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908 shall be deemed to be the subject of a care order committing him to the care of that health board and the provisions of Part IV shall apply with the necessary modifications.

(2) Where, on the commencement of Part IV, a child is in the care of a health board pursuant to an order made under section 21 or 24 of the Children Act, 1908 in respect of the commission of an offence against him and the person charged with the commission of the offence is acquitted of the charge or the charge is dismissed for want of prosecution, any care order to which the child is deemed to be subject under subsection (1) shall forthwith be void, but without prejudice to anything that may have been lawfully done under it.

(3) Nothing in this Act shall affect an order made under Part II or IV of the Children Act, 1908 committing a child to the care of a relative or fit person other than a health board.

(4) On the commencement of Part III, any child who is being detained in a place of safety under any provision of the Children Act, 1908 shall be deemed to have been received into that place pursuant to an emergency care order on the date of such commencement.

(5) Where, on the commencement of Part II, a child is in the care of a health board otherwise than by virtue of a court order, he shall be deemed to have been taken into care under section 4 on the date of such commencement.

(6) Where, on the commencement of Part VI, a child is boarded-out by a health board, he shall be deemed to have been placed by the health board in foster care under an arrangement made under section 36.

(7) Where, on the commencement of Part VI, a health board is contributing towards the maintenance of a child in accordance with section 55 (9) (c) of the Health Act, 1953, the board may, subject to such conditions as it sees fit, continue to contribute to the maintenance of the child as if he were in foster care.

(8) Where, on the commencement of Part VI, a child is being maintained by a health board in a home or school approved by the Minister for the purposes of section 55 of the Health Act, 1953, he shall be deemed to have been placed in residential care by the health board under an arrangement made under section 36.

(9) Nothing in section 67 shall affect the operation of an order committing a child to a certified industrial school to which that section applies.

District Court Rules

Order 84

Child care

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No84-S.I. No. 5 Of 2006: District Court (Children) Rules 2006
No84-S.I. No. 469 Of 2008: District Court (Child Care) Rules 2008
No84-S.I. No. 143 Of 2015: District Court (Child Care) Rules 2015

Definitions

1. In this Order:

“the Act” means the Child Care Act, 1991 (No. 17 of 1991);

“child” means a person under the age of eighteen years other than a person who is or has been married;

“health board” means a health board established under the Health Act, 1970 (No. 1 of 1970);

“parents” has the meaning assigned to it in section 2 (1) of the Act.

Hearings

2. (1) Proceedings under Part III, IV or VI of the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses and such other persons as the Judge in his or her discretion may allow, shall be permitted to be present at the hearing.

(2) The Judge may, if he or she thinks it proper to do so, order any witness who is not a party to the proceedings to leave court either until his or her evidence is required or after his or her evidence has been given.

(3) Proceedings in the Court under Part III, IV or VI of the Act shall be as informal as is practicable and consistent with the administration of justice. Neither Judges hearing and determining such proceedings not barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.

Service of documents

3. (1) A document required by these Rules to be served shall, subject to paragraphs (2) and (3) hereof, be served upon the person to whom it is directed—

(a) by delivering to him or her a copy thereof or,

(b) if he or she cannot be conveniently met with, by leaving a copy thereof for him or her at his or her last known residence or most usual place of abode with any relative of such person who is not less than sixteen years of age and who is believed to reside there with him or her, or by leaving it with the person in charge of the house or premises of such residence or abode, or,

(c) by leaving a copy thereof for him or her at his or her place of business with any agent, clerk, employee or servant of such person who is not less than sixteen years of age, or

(d) by sending a copy thereof by ordinary prepaid post in an envelope addressed to him or her at his or her last known residence or most usual place of abode or at his or her place of business.

(2) A document shall be served upon a health board or other statutory board or body or upon an unincorporated society by leaving a copy thereof with any employee of that board, body or society at its principal office or by sending such copy by ordinary prepaid post in an envelope addressed to the board, body or society at such principal office.

(3) The Court may, if for special reason in any particular case it considers it proper to do so, deem the service actually effected to be good and sufficient service, even though it was not effected in accordance with the provisions of this Order.

Lodgment for hearing

4. When a notice of application, summons or notice of appeal issued under this Order has been served, the original notice or summons, together with a statutory declaration as to service thereof, shall be lodged forthwith with the Clerk for entry for hearing.

Proceedings under Part III of the Act

Emergency care order

5. (1) An application by a health board under section 12 (4) or 13 (1) of the Act for an emergency care order shall be preceded by the issue and service of a notice in the Form 84.1 or 84.2 Schedule C , as the case may be, upon the respondent, i.e. the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application.

(2) Where, however, the Judge is satisfied that the urgency of the matter so requires, an application for an emergency care order may be

(a) made ex parte, subject to the lodgment with the Clerk of the notice of application (Form 84.1 or 84.2 Schedule C, as the case may be) duly completed;

(b) heard and an order may be made thereon elsewhere than at a public sitting of the Court.

Venue

6. (1) An emergency care order made under section 13 (1) of the Act shall be made by the Judge for the district in which the child resides or is for the time being. Where, however, such Judge is not immediately available, the order may be made by any judge of the District Court.

(2) An emergency care order shall be in the Form 84.3 or 84.4 Schedule C, as he case may be, and the applicant shall cause a copy thereof to be served upon a parent having custody of the child or, as the case may be, upon a person acting in loco parentis.

(3) A warrant issued under section 13 (3) of the Act for the purpose of executing such an Order shall be in the Form 84.5 Schedule C.

(4) An appeal from an emergency care order shall not stay the operation of the order.

Directions under section 13 (7)

7. (1) Where, otherwise than at the hearing of an application for an emergency care order, application is made under section 13 (7) of the Act for the Judge’s directions, such application shall be preceded by the issue and service of a notice in the Form 84.6 Schedule C upon the health board, the parents of the child or either of them, a person acting in loco parentis, or any other person, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application An order giving directions on such application shall be in the Form 84.7 Schedule C which shall be served upon each person directly affected by the Order.

(2) An application to vary or discharge a direction given under the said section 13 (7) (a) shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Insert From here Form 84.8. Schedule C The order of the Court on granting the application shall be in the Form 84.9 Schedule C; which shall be served as prescribed in the said paragraph (1).

8. It shall not be necessary in any notice or application under section 13 of the Act or in any order made under that section to name the child if such name is unknown.

Proceedings Under Part IV of the Act

Interim care order

9. (1) An application by a health board under section 17 (1) of the Act for an interim care order shall, except where the Judge directs under subsection (3) of that section, be preceded by the issue and service of a notice in the Form 84.10 Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. An interim care order made on such application shall be in the Form 84.11 Schedule C and the applicant shall cause the said order to be served upon the respondent and any other person directly affected by the Order.

(2) A warrant issued under section 35 of the Act (and as prescribed in Rule 27 hereof) for the purpose of executing an interim care order shall be in the Form 84.43 Schedule C.

(3) An application under section 17 (2) of the Act for an extension of the period of an interim care order shall, except where the Judge otherwise directs under subsection (3) of that section, be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.12 Schedule C. The order granting the extension shall be in the Form 84.13 Schedule C and may, where appropriate, be added to or endorsed on the interim care order.

Care Order

10. (1) An application by a health board under section 18 (1) of the Act for a care order in respect of a child who resides or is found in its area shall be preceded by the issue and service of a notice in the Form 84.14 Schedule C, upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.

— service

(2) A care order made on such application shall be in the Form 84.15 Schedule C, and the applicant shall cause the said Order to be served upon the respondent.

— warrant

(3) A warrant issued under section 35 of the Act (and as prescribed in Rule 27 hereof) for the purpose of executing a care order shall be in the Form 84.43 Schedule C.

Extension of Care Order

11. An application under section 18 (2) of the Act to extend the operation of a care order shall be preceded by the issue and service of a notice in the Form 84.16 Schedule C, upon the respondent at least seven days prior to the date fixed for hearing the application. The order granting the application shall be in the Form 84.17 Schedule C, and may, where appropriate, be added to or endorsed on the care order.

Supervision Order

12. Where, on an application for a care order, the Court makes a supervision order (as provided for in section 18 (5) of the Act) the order of the Court shall be in the Form 84.18 schedule C and the applicant shall cause the said order to be served upon the respondent.

Directions pending Care Order

13. An application under section 18 (6) of the Act for the Court’s directions as to the care and custody of a child pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 84.19 Schedule C, upon the respondent, i.e.the health board, the parent having custody of the child, the person acting in loco parentis, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.20 Schedule C, and shall be served on each party and any other person affected directly by the order.

Supervision Order Pending Care Order

14. An application under section 18 (6) of the Act for a supervision order pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 84.21 Schedule C, at least two days prior to the date fixed for hearing the application. The order of the Court granting such application for a supervision order shall be in the Form 84.22 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Contribution by parent

15. (1) Where, in addition to making a care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of a child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23 Schedule C, and the applicant health board shall cause the said order to be served upon the said parent or parents.

(2) An application under section 18 (8) of the Act to vary or discharge a contribution order shall be preceded by the issue and service of a notice in the Form 84.24 Schedule C, upon the respondent. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.25 Schedule C, and shall be served upon the parent required to contribute.

Supervision Order

16. (1) An application by a health board under section 19 (1) of the Act for a supervision order with respect to a child who resides in its area shall be preceded by the issue and service of a notice in the Form 84.26 Schedule C, upon the respondent or respondents, i.e. the parents of the child or, as the case may be, the parent having custody of the child or a person acting in loco parentis.Such notice shall be served at least seven days prior to the date fixed for hearing the application.

(2) A supervision order made on such application shall be in the Form 84.27 Schedule C, and the applicant health board shall cause the said order to be served upon each respondent.

Directions as to visits

17. An application under section 19 (3) of the Act for the Court’s directions as to the manner in which a child is to be visited shall be preceded by the issue and service of a notice in the Form 84.28 Schedule C, upon the respondent health board at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.29 Schedule C, and shall be served upon each of the parties.

Further directions

18. An application by a health board under section 19 (4) of the Act, made during the currency of a supervision order, for the Court’s directions as to the care of the child shall be preceded by the issue and service of a notice in the Form 84.30 Schedule C, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.31 Schedule C, and the applicant shall cause the said order to be served upon each respondent.

Investigations under section 20 (1)

19. (1) Where, under section 20 (1) of the Act, the Court adjourns proceedings and directs a health board to undertake an investigation of a child’s circumstances, if the board is not a party to those proceedings, the Clerk shall as soon as possible notify the board (in the Form 84.32 Schedule C,) of the Court’s decision.

` (2) Where, upon so adjourning, the Court gives directions under section 20 (2) of the Act as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the health board —

(a) an order of the Court giving such directions shall be in the Form 84.33 Schedule C.

(b) any such supervision order shall be in the Form 84.34, Schedule C,

and the order shall be served upon each person directly affected thereby.

Vary or discharge care order

20. An application under section 22 of the Act—

(a) to vary or discharge a care order or any condition or direction attaching to such order or to discharge the care order and make a supervision order, or

(b) to vary or discharge a supervision order or any condition or direction attaching to such order,shall be preceded by the issue and service of a notice in the Form Insert From here 84.35, 84.36 or 84.37 Schedule C, as the case may be, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting such application shall be in the Form 84.38, 84.39 or 84.40 Schedule C, as the case may be, and shall be served upon each person directly affected thereby.

Effect of appeals

21. An appeal from an order made by the Court under Part IV of the Act shall, if the Court or the Court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the Court making the determination.

Applications etc. under Part V of the Act

Requests for reports

22. (1) Where, other than during the hearing of the proceedings, application is made by any of the parties for an order under section 27 (1) of the Act requesting the preparation of a report, such application shall be preceded by the issue and service of a notice in the Form 84.41 Schedule C, upon the other party or parties. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.42 Schedule C, and the applicant shall cause the said order to be served upon the person nominated therein to prepare the report.

(2) When the report has been prepared it shall be lodged with the Clerk. A copy of the report shall be made available by the applicant to the counsel or solicitor representing each party or, if any party is not so represented, to that party.

Attendance of child

23. A request under section 30 (2) of the Act by a child to be present during the hearing of the proceedings or any part thereof may be made by letter addressed to the Court and lodged with the Clerk prior to or during the hearing, as appropriate, or such request may be made orally to the Court at the commencement of or during such hearing, as appropriate.

Warrant to execute care order

24. A warrant issued under section 35 of the Act to execute an interim care order or a care order made under Part IV of the Act directing that a child be placed or maintained in the care of a health board shall be in the Form 84.43 Schedule C.

Proceedings Under Part VI of the Act

Access to child

25. (1) An application under section 37 (2) of the Act for an order regarding access to a child shall be preceded by the issue and service of a notice in the Form 84.44 Schedule C, upon the health board at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.45 Schedule C.

Vary access

(2) An application under the said section 37 (2) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 84.46 Schedule C, upon the respondent or respondents, i.e. the health board, the parents, the persons mentioned in section 37 (1) of the Act, as appropriate. The order of the Court granting the application shall be in the Form 84.47 Schedule C, and shall be served upon each of the parties.

Authority to refuse access

26. (1) An application by a health board under section 37 (3) of the Act for an order authorising it to refuse access to a child in its care shall be preceded by the issue and service of a notice in the Form 84.48 Schedule C, upon the respondent (the person against whom the order is sought). Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.49 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

(2) An application under the said section 37 (3) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 84.50 Schedule C, upon the respondent or respondents. The order of the Court granting the application shall be in the Form 84.51 Schedule C, and shall be served upon each of the parties.

Order to deliver up child to health board — S.43 (2)

27. An application by a health board under section 43 (2) of the Act for an order directing that a child be delivered up to the custody of the board shall be preceded by the issue and service of a notice in the Form 84.52 Schedule C, upon the respondent. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.53 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Information — s.46 (3)

28. Where an order is sought under section 46 (3) of the Act directing that a child be delivered up to the custody of the health board, the applicant shall lay information before the Judge on oath and in writing in the Form 84.54 Schedule C, and the Judge may, on foot of such information, sign and issue a summons in the Form 84.55. Schedule C, Such summons shall be served upon the respondent at least two days prior to the return date thereof. Where, however, the Judge is satisfied that the urgency of the matter so requires, the application may be made ex parte and an order under the said section may be made on foot of the sworn information without the necessity to issue such summons. The order of the Court granting the application shall be in the Form 84.56 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Search warrant

29. An application under section 46 (6) of the Act for a search warrant shall be by information on oath and in writing in the Form 84.57. Schedule C, Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.58 Schedule C.

Direction under s. 47

30. (1) An application under section 47 of the Act for the Court’s directions on a question affecting the welfare of a child in the care of a health board shall be preceded by the issue and service of a notice in the Form 84.59 Schedule C, upon the respondent or respondents. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.60 Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

— variation or discharge

(2) An application to have any such order or direction varied or discharged shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.61 Schedule C, upon the respondent or respondents. The order of the Court granting the application shall be in the Form 84.62 Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

Applications under Part VII of the Act

31. (1) In this rule “pre-school service” has the meaning assigned to it in section 49 of the Act.

Pre-School service — warrant

(2) An application under section 55 (2) of the Act for a warrant to enter and inspect premises in which a pre-school service is being carried on shall be by information on oath and in writing in the Form 84.63. Schedule C. Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.64. Schedule C.

Proceedings under Part VIII of the Act

Children’s residential centre

32. An appeal to the Court under section 62 of the Act by the registered proprietor or, as the case may be, the person intending to be the registered proprietor of a children’s residential centre, against a decision, specified in subsection (1) of that section, of a health board shall be preceded by the issue and service of a notice in the Form 84.65 Schedule C, upon that health board. Such notice shall be served at least seven days prior to the date fixed for hearing the appeal. The appellant shall lodge with the Clerk prior to the hearing a copy of the decision against which the appeal is brought or a copy of the notification referred to in section 61 (11) (b) (ii) of the Act. The order of the Court on hearing the appeal shall be in the Form 84.66. Schedule C.

Orders provided for in Part X of the Act

School Attendance Act— care order

33. Where, in proceedings against a parent under section 17 of the School Attendance Act, 1926 (No. 17 of 1926), the Court makes a care order under section 17 (4) (b) of that Act (as substituted by section 75 of the Act) committing the child to the care of a health board the order of the Court shall be in the Form 84. 67 Schedule C, and shall be served upon the said parent of the child.

Amendment to Order 84

S.I. No. 469 of 2008:

District Court (Child Care) Rules 2008

1. These rules may be cited as the District Court (Child Care) Rules 2008.

2. These rules shall come into operation on the 16 day of December 2008 and shall be read together with all other District Court Rules for the time being in force.

(…)

4. Order 84 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended by:

(i) the insertion immediately following rule 27 thereof of the following rule

“27A. (1) An application for an order under section 43A of the Act by a foster parent or relative with whom the child has been placed shall be preceded by the issue and service by the applicant of a notice in the Form 84.53A, Schedule C upon the Health Service Executive. A copy of the notice shall, where section 43A(2)(d)(ii) applies, be served by the Health Service Executive on the parent having custody of the child at the relevant time or a person (other than the applicant) acting in loco parentis to the child.

(2) The consent of the Health Service Executive under section 43A(2)(c) of the Act to the granting of the order shall be in writing and the original consent shall be appended to the original notice of application. Where a consent has been obtained under section 43A(2)(d)(i) of the Act to the granting of the order the original of such consent, if in writing, shall be appended to the original notice of application or produced at the hearing of the application, and where such consent in writing is not so appended or produced, such consent shall, where required, be proved by such other means as the court considers appropriate.

(3) A copy of the notice of application shall be served not later than four days before the date fixed for hearing the application, and the original notice of application shall be lodgedwith the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 84.53B, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

(4) An application pursuant to section 4313(1) of the Act for an order varying or discharging an order made under section 43A shall be preceded by the issue of a notice of application in the Form 84.53C, Schedule C. A copy of the notice of application shall, to the extent possible, be served upon each of the persons referred to in section 4313(1)(a) to (e) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 84.53D, Schedule C and the applicant shall cause the said order to be served upon each of the respondents and upon any other person directly affected by the Order.”

5. The Forms numbered 84.53A to 84.53D inclusive in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 (S.I. No. 93 of 1997).

Practice Directions

HC36

Child Care Act, 1991 Part IVA

(Children in need of special care or protection)

Part IVA of the Child Care Act, 1991 was inserted by section 16 of the Children Act, 2001. By virtue of section 267(2) of the 2001 Act, references in Part V (Jurisdiction and Procedure) of the 1991 Act to Part IV of that Act are to be construed as including references to Part IVA.

Accordingly, by virtue of section 28 of the 1991 Act, the District Court, and the Circuit Court on appeal from the District Court, have jurisdiction to hear and determine proceedings under Part IVA, and proceedings under Part IVA may be brought, heard and determined before and by a judge of the District Court for the time being assigned to the District Court district where the child resides or is for the time being.

With effect from the date of this notice, proceedings for relief in relation to a child which may be granted under Part IVA should, save in the most exceptional circumstances, be instituted in the District Court in accordance with Part IVA.

Where, as of the date of this notice, proceedings have been instituted in the High Court for relief of the nature available under Part IVA and remain to be concluded, such proceedings shall be disposed of in that court.

Dated this 21st day of March, 2005
Joseph Finnegan
President of the High Court

High Court

DC09

Case Management in child care proceedings

Dublin Metropolitan District

1. Overriding Objective

1.1 The overriding objective of this practice direction is to enable the court to deal with each case in a manner which is just, efficient and cost effective and, in particular ensuring:

i. That in all decisions and directions made with respect to the conduct of the case, the safety, welfare and best interests of the child or young person, the subject of the proceedings, are paramount;

ii. That it is dealt with expeditiously and fairly;

iii. That it is dealt with in a manner which is proportionate to the nature, importance and complexity of the issues;

iv. That the parties are on an equal footing; and

v. That it is allotted an appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

1.2 The court will give effect to the overriding objective when it interprets the provision of this practice direction, however the practice direction does not limit or interfere in any way with the powers and discretions of the judge under the Child Care Acts 1991-2011 (and subsequent amendments to that Act) and District Court Rules (hereinafter referred to as DCR) either generally or in a particular case.

2. Save in Exceptional Circumstances

2.1 The hearing of such proceedings should be completed in this court within nine months to one year from the date of commencement or earlier in appropriate cases.

2.3 The Child and Family Agency (hereinafter referred to as CFA) should in advance of instituting proceedings have regard to the Principals of Best Practice in Child Protection contained in the National Guidance for the Protection and Welfare of Children (2017).

2.3 The parties should have an opportunity of entering into productive discussions at the earliest possible opportunity.

3. Legal Representation

3.1 The CFA shall endeavour to inform every intended respondent of their entitlement to be legally advised and represented in relation to the matters intended to be brought before the Court. Respondents should be made aware of

• their entitlement to apply for civil legal aid

• their entitlement to have their application(s) prioritised by Law Centers.

and in this regard The CFA should furnish intended respondents with the address and telephone number of all Law Centers in Dublin Metropolitan District Court area.

3.2 Supports available to overcome potential vulnerabilities with regard to issues of capacity, literacy, first language etc. should be made known to intended respondents at the earliest opportunity.

3.3 Without prejudice to paragraph 3.1 any respondent who wishes to proceed without a legal representative remains entitled to do so.

3.4 In the event that a legal representative for a party becomes aware of any circumstance or circumstances which may warrant the provision of additional assistance to overcome barriers that impede access to the court system by persons with physical, mental or sensory disabilities the legal representative may apply on notice to the court for directions.

4. Guardian Ad Litem for the Child

4.1 Where the court is satisfied that it is in the interests of the child and the interests of justice to appoint a Guardian ad Litem in relevant proceedings and where the child to whom the proceedings relate is not a party, the court may appoint a Guardian ad Litem to independently establish the wishes, feelings and interests of the child and present them to the court with recommendations.

4.2 The Guardian ad Litem shall be provided, as appropriate, with access to all applications to court and all CFA files, memoranda and notes regarding the child.

5. Direct Participation, Party Status and Representation of Child

5.1 Where a request is made by a c hild to be present during the hearing or a particular part of the hearing of the proceedings such request should be brought to the attention of the court in order for the request to be considered within the parameters of section 30 (2) of the Child Care Act, 1991 as amended (hereinafter referred to as the 1991 Act).

5.2 The court may direct the procurement of a report pursuant to section 27 (1) of the 1991 Act to assess the level of maturity of the child and their capacity to make independent autonomous decisions in respect of their care and welfare in the context of the proceedings.

5.3 Where the court, having considered

i. The age of the child;

ii. The level of understanding of the child;

iii. The wishes of the child;

and

iv. The circumstances of the case including any report as set out at paragraph 5.2

is satisfied that it is necessary in the interests of the child and the interests of justice to join a child as a party to the proceedings or a particular part of the proceedings, it may do so.

5.4 The court may appoint a solicitor to represent the child in the proceedings and give directions as to the performance of his duties (which may include, if necessary, directions in relation to the instruction of counsel).

5.5 The legal representative for the child is subject to the ethical requirements applicable to all solicitors and barristers, and must represent the client’s instructions in the proceedings.

6. Service and Filing of Proceedings.

6.1 Service and filing of all court documents and applications must comply with the rules of the DCR as amended from time to time as well as EC Regulation 2201/2003 and EC Regulation 1393/2007 where applicable.

6.2 Service of proceedings or notice of proceedings on a respondent in a non EU country shall be preceded by an application for leave to serve the proceedings out of the jurisdiction made ex parte and shall be supported by an affidavit, in accordance with the DCR.

6.3 Service of proceedings or notice of proceedings under the Protection of Children (Hague Convention) Act, 2000 shall be effected in accordance with District Court (Hague Convention 1996) Rules 2011.

6.4 Copies of every application to court, initiating papers and court reports shall be emailed to the Court in addition to being filed in accordance with the DCR.

6.5 Personal litigants are not expected to file papers by email.

6.6 In circumstances where the CFA have assumed the care of a child or young person under section 12 (3) of the 1991 Act it shall use its best endeavours to immediately inform the parent or parents having custody of the child or person or persons acting in loco parentis that the CFA has a statutory obligation to make an application to court for an emergency care order pursuant to section 13 (3) of the 1991 Act unless it decides to return the child(ren) to their care. Furthermore the CFA shall advise them that they should immediately seek legal advice and representation as set out in paragraph 3.

7. Disclosure And Discovery

7.1 All applications for disclosure/discovery shall comply with Order 45 B of DCR SI 17/2014.

7.2 Where a party is not represented by a legal practitioner access to documents is to be provided by CFA and such documents may not be photographed, copied or removed without leave of the court.

7.3 Documents produced which are admitted into evidence during the course of the proceedings will be made available to be returned to the producer at the conclusion of the proceedings and will be destroyed by the office of the court 56 days after the conclusion of the proceedings unless arrangements have been made with the Office of the court to collect the documents.

8. Case Management

8.1 Case Management Hearings in Child Care matters shall reflect the process and procedures set out in Order 49A DCR as set out in SI 17/2014 unless otherwise varied in this Pra ctice Direction.

8.2 In advance of the first Case Management Hearing the Court shall in any case with an international element have listed and hear any jurisdiction issues arising at a date allocated at the first application hearing.

8.3 All parties have a shared duty to consider at the earliest possible time and continuously throughout the proceedings whether the case may have any international element and shall inform the court at the earliest possible opportunity of the possible existence of any such international element.

9. Case Management Hearing 1

9.1 Immediately following the determination of the second Order extending an Interim Care Order under Section 17(2) of the 1991 Act, the case shall be listed before the Court for a Case Management Hearing (CMH1) to deal inter alia with:-

• the nature of the issues in dispute and to establish if those issues are able to be resolved,

• whether factual issues (disputed allegations) are required to be determined by the Court;

• confirmation that all relevant reports to date have been obtained etc;

• list assessments and reports considered to be necessary to ground the application with details of availability of funding, timetable for completion etc

9.2 The CFA shall, in advance of CMH 1 furnish a Summary Care Plan as outlined in Appendix 1 to the parents/guardians, the solicitors for the parents/guardians and to the Guardian ad Litem appointed for the child at least four days before CMH 1 and same shall be filed in court at least 48 hours in advance of CMH1.

9.3 The CFA shall identify whether the hearsay evidence of a child is sought to be relied upon pursuant to Part III of Children Act, 1997 and any other evidential issues arising;

9.4 Where an expert(s) is reasonably required to resolve the proceedings and that expert is to be jointly instructed the terms of reference for the expert should be agreed in advance of CMH1 and the timescale within which the relevant work can be undertaken confirmed as well as the availability of the expert to give evidence in a hearing.

9.5 The letter of instruction for an expert must advise the expert that is the duty of experts to help the court on matters within their expertise. This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.

9.6 A record of the Case Management Directions arising from CMH1 shall be created by the Court Clerk and will be available to parties on request from the Court Office.

10 Case Management Hearing 2

10.1 Immediately following the determination of the third Order extending an Interim Care Order the case will be listed before the Court for a further Case Management Hearing (CMH2). In advance of CMH 2 notice shall be given by the Respondents to the CFA, the Guardian ad Litem and the Court whether and to what extent it is proposed to:

i. Dispute the relevant legislative threshold criteria for the making of the Order sought by the CFA,

ii. The extent of agreement/disagreement as to the content of materials disclosed;

iii. Whether further disclosure/discovery or reports are deemed necessary and the reason for such further disclosure.

iv. Whether witnesses are to be called by the Respondent(s) and that they have been instructed as set out in 9 above;

v. identify whether the hearsay evidence of a child is sought to be relied upon pursuant to Part III of Children Act, 1997 and any other evidential issues arising;

vi. Any other pre hearing Directions and or Orders required.

10.2 A record of the Case Management Directions arising from CMH 2 shall be created by the Court Clerk and will be available to parties on request from the Court Office.

11. Attendance at Case Management Hearing

11.1 The solicitor and/or counsel attending a CMH shall ensure that he or she is sufficiently familiar with the proceedings as to be able to address the court fully of all relevant aspects of the proceedings; and has authority from the party he or she represents to deal with any matters that are likely to be dealt with at the CMH.

11.2 Where a party is represented by solicitor and counsel the attendance of only one of such legal advisors is required.

12. Case Management: Listing of Case for Hearing

12.1 Proceedings shall only be allocated a hearing date when the court is satisfied having regard to the representations of the parties and to the extent of progress in the proceedings that the proceedings are sufficiently advanced that it is appropriate that they be allocated a date for hearing.

12.2 The court shall consider whether all directions of the court from CMH1 and CMH 2 have been complied with (including any direction that the parties attend an alternative dispute resolution conference).

12.3 The parties must advise the court of the names of witnesses and their professional qualifications and the number and availability of witnesses required for cross examination, and the issues that are in dispute.

12.4 In the event that more that one expert witness is to be called to give evidence in relation to a particular issue or issues, the Court may direct any expert witnesses to consult with each other within such time as the Court specifies for the purposes of

i. identifying the issues in respect of which they intend to give evidence,

ii. where possible, reaching agreement on the evidence that they intend to give in respect of those issues, and

iii. considering any matter which the Court may direct them to consider,

and require that such witnesses record in a memorandum to be jointly submitted by them to the District Court Clerk and delivered by them to the parties, particulars of the outcome of their consultations, within such time as the Court specifies, provided that any such outcome must not be in any way binding on the parties.

12.5 Each party must inform the court of any matter which might delay or prolong the hearing and provide the court with a realistic schedule for the hearing of the action, based on a reasoned and informed view.

13 Case Management: Checklist

13.1 In all cases listed for hearing under section 18 the CFA must file an A4 folder or folders in the court containing the following documents annexed thereto at least 28 days in advance of the hearing

i. A summary of the application;

ii. A copy of the child’s birth certificate;

iii. A copy of other relevant certificates;

iv. A chronology of previous court orders & decisions (if any);

v. Copies of all assessments and reports available to the CFA in respect of the child;

vi. Other relevant reports and records (e.g.; health and education/immigration documents);

vii. Key CFA minutes & records regarding the child (including strategy discussion record/case conference records);

viii. A genogram of family/extended family membership chart;

ix. The care plan pursuant to S.I No. 260 of 1995 or Leaving Care Needs Assessment Form and Preparing for Leaving Care Plan, or After Care Plan.

13.2 In all cases listed for hearing under section 18 the GAL must serve on the Agency and the Respondent(s) and file in Court his/her final report in court at least 21 days in advance of the hearing.

13.3 In all cases listed for hearing under section 18 the Respondent(s) must file in court at least 14 days in advance of the hearing;

(a) Respondents reply to the statement of fact filed by the CFA.

(b) Confirm to the Court that from the respondent(s) point of view

(i) all relevant interlocutory disclosure/discovery or evidential matters have been attended to and the case is ready for hearing;

(ii) That the possibility of reaching agreement on some or all issues has been fully explored;

(iii) That the net issues to be addressed at the final hearing and that evidence addressing those issues has been disclosed;

(iv) That all expert witnesses, including medical clinicians who are required for cross-examination are available to attend the hearing and that the witness has been provided with all relevant material.

(v) That all other parties have been notified of which witnesses are required for cross examination and the time frame of their availability if relevant;

(vi) That an estimate of the length of time required for examination in chief and cross examination of each witness has been estimated;

14. Court Reports

14.1 The content of social work reports and Guardian ad Litem reports to court should:

i. be as short and focused as possible and clearly set out;

ii. use numbered paragraphs, headings and sub-headings and numbered pages;

iii. balance description and background chronology with evaluation, summary and assessment;

iv. differentiate fact from opinions;

v. highlight unsubstantiated allegations as such;

vi. final reports should contain only facts which will be substantiated by evidence at hearing;

vii. present the information with sensitivity and in a way which does not exacerbate the relations between the parties;

viii. be fair to the parties and demonstrate balance;

ix. avoid unnecessary repetition of material which is available in other or earlier documents before the court.

x. reference any finding of fact made by the Court in the Report to Court for the hearing.

15 Case Management Pre-hearing call over

15.1 There shall be a pre-hearing call over on the Friday not less than 7 days prior to the hearing date.

15.2 The solicitor or counsel for each of the parties or, where a party is not legally represented, the party himself or herself, shall be in attendance.

15.3 Where the court considers it necessary or desirable, it may direct that a party attend the call-over, notwithstanding the fact that the party may be represented by a solicitor.

15.4 The parties shall outline any necessary arrangements required for interpreters for the hearing. Any special measures that may be required for the giving of evidence at the hearing, including by audio visual link and any required for use of a remote witness room shall also be outlined to the Court at the Pre-Hearing call over;

15.5 Where relevant the guardian ad litem shall indicate whether any arrangements are required to be made for the child to express wishes to the judge.

16. Settlement/delay in proceedings

16.1 There shall be a continuing obligation and duty on each party to bring to the court’s attention on notice to all parties as soon as possible any matter which might shorten delay or prolong the hearing of the proceedings.

17 Review of Practice Direction

17.1 The effectiveness of the practices aforementioned will be reviewed after the 1st day of January 2019 in consultation with representatives of legal practitioners and relevant Stakeholders.

APPENDIX 1

The summary care plan for the child y/p should briefly and succinctly set out the following:

⇒ The alleged risk and safety concern(s) for the child or y/p;

⇒ The extent of the efforts made for family reunification;

⇒ Any tasks necessary to evidence or demonstrate changes which the parents/guardians are in the opinion of the CFA required to make and the relevant timeframes for same to achieve family reunification are clearly set out;

⇒ The nature of the placement currently proposed for the child (both interim and long term) and whether any funding applications are necessary to support that placement.

⇒ Where the proposed placement is a relative placement in accordance with section 36 of the 1991 Act that all assessment procedures have been finalised and that the CFA are recommending the placement as the child’s placement for as long as the child remains in the care of the CFA.

⇒ Where the proposed placement is within the general foster care that the placement is being recommended as the child’s placement for as long as the child remains in the care of the CFA. In all other cases where the placement is in a private foster placement that the funding of such placement is not provisional and that the CFA are recommending the placement as the child’s placement for as long as the child remains in the care of the CFA.

⇒ Where the proposed placement is in a Residential Unit that an individualised risk assessment has been undertaken by the CFA, that the nature of the Residential Unit (ordinary, secure, or therapeutic etc) is clarified and any funding applications have been completed and that the CFA are recommending the nominated placement as the child’s placement for as long as the child remains in the care of the CFA.

⇒ The kind of parent/child/sibling access currently proposed (including frequency and duration of proposed access and whether it is proposed to be open or supervised) both on an interim and long term basis;

⇒ The child’s health, education, emotional and identity needs and how these will be met.

Judge Rosemary Horgan
President of District Court
8/12//2017

District Court

DC14

Uncontested Extension of Interim Care Orders

The President of the District Court has decided that given the developing COVID-19 situation and the need to focus on prevention of community spread of COVID-19 the following additional measures shall apply concerning the business of the Court regarding uncontested applications for Extensions of Interim Care Orders.
Applications for Uncontested Extensions of Interim Care Order may be made by solicitors for the Applicant Child and Family Agency emailing to the relevant court office a scanned copy of a sworn Grounding Affidavit setting out the evidential grounds for the application and exhibiting the written consent from the respondent parent/s solicitors. This email must be copied to the solicitors for each of the parents, any notice parties and the Guardian ad Litem.
Having received the email referred to in Paragraph 2 above the solicitor for the Guardian ad Litem must send to the relevant court office a scanned copy of a Report signed by each child’s Guardian ad litem setting out the support of the Guardian ad litem to the order sought and the reasons for their support referencing the wishes and welfare interests of the subject child/children.
If the Respondent parent/s, having been advised of their entitlement to legal aid and having decided to proceed without legal representation, consent to the order being sought this is to be referred to in the Grounding Affidavit of the Applicant and the parent’s written consent exhibited.
If Respondent parent/s cannot be located and/or found and/or are deceased and/or whereabouts unknown this must be referred to in the Grounding Affidavit of the Applicant.
In cases where there is such consent and steps set out above have been followed the Court can decide the matter without requiring the solicitor to attend in person in court to move the application and without requiring the attendance of any of the parties and/or the Guardian ad litem and an Order Extending the Interim Care Order for the children will issue from the Court Office. The orders will date from the date specified in the application and a copy of the application with the consent will be placed on the court file.
The Solicitors for the Applicant will be required to provide in their email accompanying their application an undertaking to file all original Affidavits at the relevant court office at the first available opportunity. Guardians ad litem or their solicitors will be required to provide an undertaking to file all original Reports at the relevant court office at first available opportunity.
This Direction will be reviewed as the public health emergency develops and will apply until further notice.

District Court

Care Proceedings

CHILD CARE ACT 1991

Interpretation.

Functions of Child and Family Agency

Voluntary care.

Provision of adoption service.

Child care advisory committees.

Review of services.

Provision of services by voluntary bodies and other persons.

Research.

Power of Garda Síochána to take a child to safety.

Emergency care order.

Notification to be given by Child and Family Agency

Provision of accommodation for purposes of Part III.

Care Proceedings

Duty of Child and Family Agency to institute proceedings.

Interim care order.

Care order.

Supervision order.

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

Effect of appeal from orders.

Variation or discharge of orders etc.

Powers of court in case of invalidity of orders.

Power of court to join child as a party and costs of child as a party.

Appointment of guardian ad litem for a child.

Power to procure reports on children.

Jurisdiction.

Hearing of proceedings.

Power to proceed in absence of child.

Prohibition on publication or broadcast of certain matters.

Presumption and determination of age.

Rules of court.

Failure or refusal to deliver up a child.

Warrant to search for and deliver up a child.

Guardians ad Litem

Children in the Care of Child and Family Agency

Accommodation and maintenance of children in care.

Access to children in care.

Provision of residential care by Child and Family Agency

Regulations as to foster care.

Regulations as to residential care.

Regulations as to placement with relatives.

Review of cases of children in care.

Removal from placement.

Orders relating to children in care of same foster parent or relative for five years or more.

Variation, discharge or cessation of order

Children who become adopted.

Recovery of children removed from care etc.

Application for directions.

Transitional provisions.

District Court Rules

Child care

District Court (Child Care) Rules 2008

Practice Directions

Child Care Act, 1991 Part IVA

Case Management in child care proceedings

Uncontested Extension of Interim Care Orders

Related Posts

Special Care

Child and Family Agency

Guardians ad Litem