Special Care or Protection The 2001 Act amends and extends the Child Care Act, 1991, by the insertion of a new Part IVA into that Act to provide the CFAs (now the CFA) with an additional range of powers so as to ensure that nonoffending children who are out of control receive special care, education and treatment. There is a statutory duty on the CFA […]
Separation from HSE The main object of the Child and Family Agency Act is to provide for the establishment of the Child and Family Agency. The Agency will, on the establishment day, assume responsibility for functions currently performed by the Health Service Executive relating to child welfare and protection. In addition, the functions transferring to the Agency will include the provision of services relating to […]
Purpose of the 2022 Act Guardian ad litem [GAL] appointments for children who are the subject of public law child care proceedings are currently provided for under the Child Care Act 1991. Child Care (Amendment) Act 2022 provides for the appointment of a guardian ad litem where a child is not party to the proceedings and where the Court is satisfied that it is necessary in […]
Protection of Children in Emergencies This Part enables the Gardai or CFA staff to intervene quickly where there is an immediate and serious threat to the safety and welfare of a child. The Gardai may remove to safety, without warrant, a child who is in immediate danger where it would not be sufficient to await the making of an application for an emergency care order […]
Introduction The purpose of the Child Care Act is to up-date the law in relation to the care of children, particularly children who have been assaulted, ill-treated, neglected or sexually abused or who are at risk. The main provisions of the Act are as follows: – the placing of a statutory duty on the Child and Family Agency (CFA) to promote the welfare of children […]
Aftercare Plan Required The Child Care (Amendment) Act 2015 strengthens the provisions regarding aftercare. It imposes a statutory duty on the Child and Family Agency to prepare an aftercare plan for an eligible child or eligible adults. The purpose is to create an explicit statement of the Agency’s duty to satisfy itself as to the child or adult’s need for assistance by preparing a plan […]
Duty Where an entertainment for children or any entertainment to which the majority of persons attending are children is provided, the number of children who attend exceeds one hundred, and access to any part of the building in which children are accommodated is by stairs, escalator or lift or other mechanical means, it is the duty of the person who provides the entertainment to station, keep stationed […]
Purpose of Act The purpose of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is to provide a legislative basis for the vetting of persons who seek positions of employment relating to children or vulnerable persons. Currently persons applying for such positions are vetted on a non-statutory basis. This Act will make this vetting mandatory. The Act will not apply to: any work […]
Legislation Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 establishes an offence of withholding information in relation to specified offences committed against a child or vulnerable person. The offence arises where a person knows or believes that a specified offence has been committed against a child or vulnerable person and he or she has information which would be of material […]
2012 Act The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 provides an offence of withholding information in relation to specified offences against children and vulnerable persons. It arises where a person knows or believes that a specified offence is being committed against a child or vulnerable person and is information which would be of material assistance in securing […]
Parents & Third Parties The Guardianship of Infants Act applies to custody disputes between parents and third parties. The former Constitutional protection of the family and parental rights was such that it was only in very exceptional circumstances that an outsider would be preferred to a parent. However, exceptionally, where the welfare of the child so requires custody may be given to a third party. […]
Charging Issues The same charge or proceedings may charge offences of assault, ill-treatment, neglect, abandonment or committing all or any of those offences in a manner likely to cause unnecessary suffering to the child’s health or seriously affect his welfare. A person charged with scheduled offences, as set out below, may also be charged with one or more of the above. A person convicted is […]
Family Welfare Conference A Children and Family Welfare conference may be held on the direction of the Children’s Court or at the initiative of the Health Authority (HSE). The Health Authority (HSE) appoints a person as coordinator to convene the family welfare conference and he or she acts as chairman. The purpose of a family welfare conference is to decide whether a child is in […]
Functions of Ombudsman The office of the Ombudsman for Children was established by the Ombudsman for Children’s Act 2002. The Ombudsman is appointed by the President. The Ombudsman is independent in the performance of his functions. The Ombudsman is to have regard to the best interests of the child, taking into account the age and understanding of the child. The Ombudsman is granted a promotional […]
The Child & Proceedings In the case of any of the offences of child mistreatment and neglect etc., it is not necessary for the child in respect of whom the offence was committed to be brought before the Court or to be present for all or part of the proceedings. The Court may of its own motion or at the request of the parties, determine […]
Immunity for Reporting The Protection for Person Reporting Child Abuse Act 1998 provides protection from civil liability for persons who make a report in good faith. They are also protected from penalisation in employment. A person shall not be liable in damages in respect of communications in writing or otherwise to an appropriate person (being a designated officer or a member from Garda Siochana) if […]