Special Care

Table of Contents

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 to institute proceedings for a special care order or an interim special care order, as appropriate, in respect of a child who appears to the board to be in need of special care or protection which he or she is unlikely to receive unless a court makes such an order.

Before applying for such an order the CFA will arrange for the convening of a family welfare conference in respect of the child. A parent may request the CFA to apply for a special care order in respect of his or her child. If CFA decides, following such a request, not to apply for such an order, the board must notify the parent of its reasons for so deciding.

Special Care Order

The special care order may be made on the application of the CFA where the court is satisfied that—

the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development
or welfare, and
the child requires care or protection which he or she is unlikely to receive unless the court makes an order.

A special care order commits a child to the care of the CFA and authorises it to arrange for appropriate care,education and treatment for the child and for this purpose to detain the child in a special care unit. The CFA will have authority to take such steps as are reasonably necessary to prevent children from injuring themselves or other persons in such a unit or from absconding.

Duration

The duration of a special care order is between 6 and 12 months, but may be extended on application by the CFA if the court is satisfied that the grounds for the making of such an order continue to exist. The CFA may apply to the court
for the discharge of such an order if it appears to it that the circumstances which led to the making of the order no longer exist.

A special care order will cease to have effect when the person to whom it relates reaches 18 years of age unless the court orders otherwise in the interests of the person concerned. Provision is also made to allow the CFA place a child in a children’s residential centre, with foster parents or give the child temporary release as part of a programme of treatment.

Interim Order

A court may make an interim special care order where there is reasonable cause to believe that grounds exist for the making of a special care order and that it is necessary in the interests of the child that he or she be detained in a special care unit. The application can be made notwithstanding the fact that a family welfare conference is being arranged or an application for a special care order is or has been made.

The 2013 Act amends Child Care Act 1991 to provide that the maximum duration of an interim care order (where parental consent has not been provided) is increased from 28 days to 29 days. Where there is Health Service Executive (HSE) and parental consent the duration of an interim care order can exceed 29 days.

The Act also provides that the maximum duration of an extension to an interim care order (where HSE and parental consent has not been provided) is increased from 8 days to 29 days.

Special Care Issues

A Garda to deliver a child to the custody of CFA where the behaviour of the child is such that it poses a real and substantial risk to the child’s health, safety, development or welfare and it would not be sufficient for the protection of the child to await the making of an application for an interim special care order by a CFA.

There is provision for the notification by a CFA of a parent having custody of a child or a person acting in loco parentis of the placement of a child in a special care unit pursuant to an interim special care order.

There is provision for the variation or discharge of special care orders by the court on its own motion or on the application of any person.

The provisions of the Child Care Act, 1991, apply to proceedings in relation to a special care order or to an interim special care order. The Child Care Act, 1991, applies to children committed to the care of the CFA pursuant to a special care order or an interim special care order, viz., those dealing with access to children in care, review of cases of children in care, aftercare and application to the District Court for directions.

Special Care Units

There are provision for special care units catering for children who are committed to the care of a CFA pursuant to a special care order or an interim special care order. The CFA may provide such units and will also be enabled to make arrangements with a voluntary body or other person to provide and operate a special care unit on their behalf. Approval of the Minister for Children will be required for the provision of such a unit.

The approval process involves the unit being inspected by a person authorised by the Minister for Children. Ministerial
approval of a unit will apply for a period of 3 years. The Minister may make regulations governing the operation of special care units.

The CFA or the Gardaı may recover a child who absconds from a special care unit.

Children in the care of The CFA

Arrangements which may be made by the CFA in looking after children in their care. The CFA has power to place a child in foster care, in a children’s residential centre or other institution (e.g. a special school), where the child may be eligible for adoption, to place him with a view to bis adoption, or to make other suitable arrangements for his care, which may include placing him with a relative.

The CFA is to facilitate reasonable access between a child in care and bis parents or other persons who have a bona fide interest in him. There is provision for a person to appeal to court against the access arrangements offered by the CFA and also for the CFA to apply to court for an order authorising it to refuse access to a named person.

The CFA is to provide residential facilities for children. The Minister is to make regulations governing the placement of children in foster care and the Act makes similar provision in relation to residential care.

The Minister is required to make regulations for the CFA to carry out reviews of children in care. The Minister may make regulations in relation to the removal of a child from foster care or residential care.

The 1991 Act deals with children in the care of the CFA who become adopted. It enables the CFA to provide “aftercare” e.g., support and assistance for persons who were formerly in care. The CFA or the Gardai may recover children who have been unlawfully removed from care or who have absconded.

The court may give directions on any matter affecting the welfare of a child in care.

Residential Centres

The HSE has powers in relation to regulation of children’s residential centre. These include

institutions managed for and on behalf of a Minister for the Government
HSE premises ,
institutions where the majority of children are being maintained for treatment for acute illness.
institutions for the care and maintenance of physically or mentally handicapped children.
certain certified school.

A children’s residential centre may not be undertaken other than by a provider who is duly registered by the HSE. The register must contain details of the premises, operator, accommodation, date of registration. The register is available for inspection by the public.

There are procedures for application of registration, variation and revocation of registration. Conditions may be attached. Information in a prescribed form is required.

Two months’ prior notice to such application is required to the health authorities for registration of a centre. Changes in key details affecting the centre must be notified for entry in the register.

Where in the authority proposes to refuse to register a residential centre, attach, renew, change conditions or deregister it, it must notify the registered proprietor, giving its reasons. The entity may make representations within 21 days, and these have to be taken into account. There is provision for appeal to the District Court.

Regulations

The Department makes regulations for ensuring proper standards in relation to children’s residential centres. This includes requirements in relation to adequate and suitable accommodation, food and care. It provides for the proper conduct of the centre. Regulations provide for such matters such as

maintenance, care and welfare requirements.
numbers, qualification and staff qualification.
design, maintenance, repairs, cleaning, ventilation, heating and lighting.
standards of accommodation including space, facilities, washing facilities, sanitary conveniences.
prescribed requirements for food.
requirements for records and provision for examination by authorised officers.
provisions for inspection and enforcement.

Breach of the regulations is an offence. A person convicted of an offence may on application of the Board within a certain period of conviction be declared disqualified.