Special Care

Table of Contents

CHILD CARE ACT 1991

REVISED

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

F99[PART IVA

Children in need of Special Care or Protection

]

Annotations

Amendments:

F99
Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 24D commenced (1.03.2007) by S.I. No. 64 of 2007).

Annotations

Editorial Notes:

E53
Part amended by substitution of “Child and Family Agency” for “Health Service Executive” (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017. This amendment was already made by Child and Family Agency Act 2013, see F-note in each affected section.

E54
Power conferred on Child and Family Agency to make arrangements with any suitable person to discharge its obligations under Part (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 58(1), S.I. No. 502 of 2013.

E55
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).

E56
District Court termed “Children Court” for the purpose of Part IVA of Act (23.07.2007) by Children Act 2001 (24/2001), s. 71(a), S.I. No. 524 of 2007.

F100[

Interpretation.

23A.—In this Part—

“Act of 2007” means the Health Act 2007;

“care requirements” means the care a child requires having regard to his or her behaviour;

“Children Act order” means—

(a) a reprimand referred to in section 98 of the Act of 2001,

(b) an order referred to in paragraph (a), (b), (c), (d), (e) or (f) of section 98 of the Act of 2001, or

(c) a community sanction referred to in paragraph (a), (b), (c) or (d) of section 115 of the Act of 2001 and such sanction is not subject to a condition referred to in paragraph (d) of section 117 of the Act of 2001;

“children detention order” has the meaning assigned to it by section 3 of the Act of 2001;

“custodial sentence” means—

(a) a children detention order but does not include a children detention order the making of which has been deferred under section 144 of the Act of 2001,

(b) a detention and supervision order referred to in section 151 of the Act of 2001, or

“family welfare conference” has the meaning assigned to it by the Act of 2001;

“guardian”, in relation to a child, means a person who—

(a) is a guardian of a child pursuant to the Guardianship of Infants Act 1964, or

(b) is appointed to be a guardian of the child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

“interim special care order” means an order made under section 23L;

“relative” has the meaning assigned to it in section 23O (inserted by the Act of 2001);

“special care” shall be construed in accordance with section 23C;

“special care order” means an order made under section 23H;

“special care unit” means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care;

“suspended custodial sentence” means a custodial sentence which does not take effect immediately it is imposed and does not include—

(a) a children detention order the making of which has been deferred under section 144 of the Act of 2001, or

(b) a period of detention which has been suspended under section 144(9)(b) of the Act of 2001.]

Annotations

Amendments:

F100
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

Editorial Notes:

E57
Previous affecting provision: section amended (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; section substituted as per F-note above.

E58
Previous affecting provision: subss. (2)(b), (5) deleted (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1), S.I. No. 453 of 2011; section substituted as per F-note above.

E59
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 21(a)-(c), S.I. No. 887 of 2004; section substituted as per F-note above.

E60
Previous affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 21(d), S.I. No. 887 of 2004; repealed (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(b), S.I. No. 453 of 2011.

F101[

Provision of special care and special care units.

23B.—(1) The F102[Child and Family Agency] shall provide special care to a child in respect of whom a special care order or an interim special care order has been made for the period for which that special care order or interim special care order has effect.

(2) The F102[Child and Family Agency] shall not detain a child in a special care unit unless the detention is pursuant to, and in accordance with, a special care order or an interim special care order made in respect of that child or the High Court has otherwise ordered.

(3) The F102[Child and Family Agency] shall—

(a) provide special care units, and

(b) maintain and administer special care units provided by it under paragraph (a),

and shall comply with regulations, if any, made under the Act of 2007 in relation to special care units and standards, if any, set out under section 8(1)(b) of the Act of 2007.

(4) Notwithstanding subsection (3) and subject to subsection (5), the F102[Child and Family Agency] may, for the purposes of this Part, enter into an arrangement with a person under F103[section 58 of the Child and Family Agency Act 2013] in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit.

(5) Without prejudice to the generality of F104[section 58 of the Child and Family Agency Act 2013] and to any term, condition of or other matter relating to an arrangement under that section as the F102[Child and Family Agency], in accordance with that section, considers appropriate, for the purposes of this Part—

(a) the provisions specified in subsection (6) shall apply to a person with whom that arrangement is entered into,

(b) the F102[Child and Family Agency], in relation to an arrangement referred to in subsection (4), shall—

(i) supervise and monitor the special care unit provided, maintained and administered under the arrangement and the provision of special care in that unit, and

(ii) establish procedures for the notification to it of the release of a child pursuant to and in accordance with section 23NF(9),

(i) is, without lawful authority or the consent or the knowledge of the F102[Child and Family Agency] or the person with whom such arrangement is entered into, removed from a special care unit provided pursuant to such arrangement,

(ii) absconds from a special care unit provided pursuant to such arrangement,

(iii) fails to return, or is prevented from returning, to a special care unit provided pursuant to such arrangement, or

(iv) is missing or is otherwise absent, without the consent or knowledge of the F102[Child and Family Agency] or the person with whom such arrangement has been entered into, from a special care unit provided pursuant to such arrangement or place to which he or she has been released in accordance with section 23NF or 23NG,

the person with whom such arrangement has been entered into shall forthwith inform the F102[Child and Family Agency],

(d) guidelines prepared and published by the F102[Child and Family Agency] under section 23NO in respect of the procedures referred to in paragraphs (a) and (c) of that section shall apply to a person with whom such arrangement has been entered into, and

(e) nothing in that arrangement or this Act shall be construed as permitting the person, with whom the arrangement referred to in subsection (4) was entered into, to apply for—

(i) a special care order or an interim special care order,

(ii) an extension, discharge or variation of such order, or

(iii) the release of the child under section 23NF(1) or 23NG,

or to make an application to the High Court in respect of proceedings under or pursuant to this Part.

(6) The provisions referred to in subsection (5)(a) are—

(a) subsections (1), (2) and (3),

(b) subsections (1) and (5) of section 23D,

(d) paragraphs (b) and (f) of subsection (1) of section 23ND, and

(e) paragraphs (a) and (b) of subsection (9) of section 23NF.]

Annotations

Amendments:

F101
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2007) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F102
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.

F103
Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017.

F104
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 10(b), S.I. No. 502 of 2013. This amendment was also made (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017.

Editorial Notes:

E61
Amendment of subs. (5) (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 10(b), S.I. No. 502 of 2013, could not be made in the previous version; as drafted the amendment could only be made to the version substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), S.I. No. 637 of 2017.

E62
Previous affecting provision: section amended (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; section substituted as per F-note above.

E63
Previous affecting provision: sibs. (1) amended (8.09.2011) by Child Care (Amendment) Act 2011 (19/2011), s. 46(1)(c), S.I. No. 453 of 2011; section substituted as per F-note above.

E64
Previous affecting provision: subs. (1) amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(1) and sch. part 1 item 2, S.I. No. 509 of 2007; deleted as per F-note above.

E65
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2), (3), (5) and (7) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; substituted as per F-note above.

E66
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 22, S.I. No. 887 of 2004; section substituted as per F-note above.

E67
Previous affecting provision: Part inserted (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F105[

Special care.

23C.—In this Part “special care” means the provision, to a child, of—

(a) care which addresses—

(i) his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare, and

(ii) his or her care requirements,

and includes medical and psychiatric assessment, examination and treatment, and

(b) educational supervision,

in a special care unit in which the child is detained and requires for its provision a special care order or an interim special care order directing the F106[Child and Family Agency] to detain the child in a special care unit, which the F106[Child and Family Agency] considers appropriate for the child, for the purpose of such provision and may, during the period for which the special care order or interim special care order has effect, include the release of the child from the special care unit—

(i) in accordance with section 23NF, and

(ii) where the release is required for the purposes of section 23D or 23E, in accordance with section 23NG.]

Annotations

Amendments:

F105
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F106
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:

E68
Previous affecting provision: subs. (1) amended (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; section substituted as per F-note above.

E69
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subss. (2)(b), (3) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 23, S.I. No. 887 of 2004; substituted as per F-note above.

E70
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); substituted as per F-note above.

F107[

Criminal proceedings and provision of special care.

23D.—(1) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, subject to subsection (6) and section 23E, nothing in this Act shall be construed as preventing the F108[Child and Family Agency] from providing special care to such child in accordance with a special care order or an interim special care order.

(2) Without prejudice to the generality of subsection (1), subject to subsection (6) and section 23E—

(a) where a child is charged with an offence and the proceedings in respect of that charge have not been determined, nothing in this Act shall be construed as preventing—

(i) the F108[Child and Family Agency] from applying for a special care order or an interim special care order and, where the order is made in respect of that child, from applying for an extension of that order under section 23J or, as the case may be, section 23N, in respect of that child, or

(ii) the High Court from hearing and determining an application referred to in subparagraph (i),

and

(b) where a special care order or an interim special care order has been made in respect of a child and that child is charged with an offence during the period for which a special care order or an interim special care order has effect, nothing in this Act shall be construed as—

(i) requiring the special care order or interim special care order to be discharged,

(ii) preventing the F108[Child and Family Agency] from making an application to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect, or

(iii) preventing the High Court from hearing and determining an application referred to in subparagraph (ii),

before the proceedings in respect of that charge are determined and the F108[Child and Family Agency] shall, as soon as practicable, inform the Court hearing that charge that the child is the subject of a special care order, or an interim special care order, and of the period for which the order has effect.

(3) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, without prejudice to section 24, when considering—

(a) an application for a special care order or an interim special care order in respect of that child,

(b) an application, in respect of that child, to extend the period for which—

(i) under and in accordance with section 23J, the special care order has effect, or

(ii) under and in accordance with section 23N, the interim special care order, has effect,

(c) an application under section 23NG, in respect of that child, to vary the special care order or interim special care order to authorise the release of a child from a special care unit for the purposes of the hearing of that charge and any other matter relating to the conduct of the proceedings in which that charge is heard,

the High Court shall have regard, at all times, to the rights of the child who is the subject of that application including his or her rights in the proceedings in which that charge is heard and without prejudice to the generality of the foregoing, the High Court shall not make, or vary, such order or extend such period or give a direction in respect of such order, extension or variation which would prejudice, or otherwise interfere with, the rights of the child in the proceedings in which that charge is heard and the conduct of those proceedings.

(4) Where the F108[Child and Family Agency] makes an application—

(a) for a special care order or an interim special care order, or

(b) to extend the period for which—

(i) under section 23J, the special care order has effect, or

(ii) under section 23N, the interim special care order has effect,

in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F108[Child and Family Agency] shall—

(i) inform the High Court of—

(I) that charge and those proceedings,

(II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of the hearing of that charge and the conduct of those proceedings, and

(III) without prejudice to the generality of subparagraph (II), any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of subsection (5)(b) and (5)(c),

and

(ii) inform the Court hearing that charge—

(I) of the application referred to in paragraph (a) and, where the High Court makes a special care order or an interim special care order, to inform the Court hearing that charge that the order concerned was made and the period for which it has effect, or

(II) of the application referred to in paragraph (b) and where the order has been extended, to inform the Court hearing that charge of the period for which that order was extended.

(5) Where a special care order or an interim special care order has been made in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the F108[Child and Family Agency] shall—

(a) convey the child to the Court hearing that charge,

(b) provide the child with access to the solicitor and counsel representing the child in the proceedings relating to that charge, and

(c) convey the child to any other place, or provide the child with access to any other person for the purposes of the representation of that child in, or any other matter relating to the hearing, or conduct, of those proceedings in respect of that charge.

(6) Where a child referred to in paragraph (a) or (b) of subsection (2) is remanded in custody, whether pursuant to section 88 (as amended by the Criminal Justice Act 2006) of the Act of 2001 or otherwise, before the proceedings in respect of that charge are heard and determined, nothing in this Act shall be construed as operating to prevent the remand of that child in custody and—

(a) the F108[Child and Family Agency] shall not make an application for a special care order or an interim special care order or an application under section 23J or 23N in respect of that child and where such application was made but not determined before the child was remanded in custody, the F108[Child and Family Agency] shall withdraw the application, or

(b) where a special care order or an interim special care order has been made and has effect before the child is remanded in custody, nothing in this Act shall be construed as requiring the F108[Child and Family Agency] to continue to provide special care to that child and the F108[Child and Family Agency] shall apply to the High Court to have such special care order or interim special care order discharged.

(7) In this section, “Court hearing that charge” includes the Children Court referred to in section 71 (as amended by the Criminal Justice Act 2006) of the Act of 2001.]

Annotations

Amendments:

F107
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F108
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:

E71
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 24, S.I. No. 887 of 2004; substituted as per F-note above.

E72
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date (23.07.2011) by Child Care (Amendment) Act 2007 (26/2007), s. 15, S.I. No. 509 of 2007; section substituted as per F-note above.

F109[

Custodial sentence, deferred children detention order, Children Act order and provision of special care.

23E.—(1) Subject to subsections (7), (9) and (10), nothing in this Act shall be construed as preventing the F110[Child and Family Agency] from providing special care, in accordance with a special care order or an interim special care order, to a child who has been found guilty, or convicted, of a criminal offence and where, following such conviction—

(a) a custodial sentence was imposed on the child and that sentence has been served,

(b) a suspended custodial sentence has been imposed on that child,

(c) the making of a children detention order has been deferred, in respect of that child, in accordance with section 144 of the Act of 2001,

(d) any detention imposed in accordance with section 144(9)(a) of the Act of 2001 on the child has been served,

(e) a period of detention, imposed in respect of the child in accordance with section 144(9)(b) of the Act of 2001, has been suspended, or

(f) a Children Act order has been made in respect of that child,

and without prejudice to the generality of the foregoing nothing in this Act shall be construed as preventing the F110[Child and Family Agency] from applying for a special care order or an interim special care order and, where the order is made in respect of such child, from applying for an extension under section 23J or 23N in respect of such child, or as preventing the High Court from hearing and determining such application.

(2) Without prejudice to subsection (1), where a child is the subject of a special care order or an interim special care order and during the period for which the order has effect a suspended custodial sentence is imposed on that child, the making of a children detention order has been deferred in respect of that child under section 144 of the Act of 2001, a period of detention has, under section 144(9)(b) of the Act of 2001, been suspended in respect of that child or a Children Act order is made in respect of that child, subject to subsections (7), (9) and (10), nothing in this Act shall be construed as—

(a) requiring the special care order or interim special care order to be discharged,

(b) preventing the F110[Child and Family Agency] from making an application to extend the period for which—

(i) under section 23J, such special care order has effect, or

(ii) under section 23N, such interim special care order, has effect,

and the F110[Child and Family Agency] shall, as soon as practicable, inform the Court which imposed the suspended custodial sentence, deferred making the children detention order, suspended the period of detention or made the Children Act order that the child is the subject of a special care order or an interim special care order and the period for which such order has effect.

(3) Where the F110[Child and Family Agency] makes an application—

(a) for a special care order or an interim special care order, or

(b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made a suspended custodial sentence has been imposed in respect of the child who is the subject of that application, the F110[Child and Family Agency] shall—

(i) inform the High Court of—

(I) such suspended custodial sentence and any terms, conditions and other requirements of such sentence, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of such suspended custodial sentence and subsection (6),

and

(ii) inform the Court which imposed the suspended custodial sentence—

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and of the period for which the order has effect, or

(II) of the application referred to in paragraph (b), and where the order has been extended, to inform that Court of the period for which the order was extended.

(4) Where the F110[Child and Family Agency] makes an application—

(a) for a special care order or an interim special care order, or

(b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made the making of a children detention order has, in accordance with section 144 of the Act of 2001, been deferred in respect of the child who is the subject of that application, or a period of detention has, in respect of that child, been suspended under section 144(9)(b) of that Act, the F110[Child and Family Agency] shall—

(i) inform the High Court—

(I) that the making of a children detention order has been deferred under and in accordance with section 144 of the Act of 2001, that a period of detention has not been imposed at the time of the making of the application, and of any terms, conditions and other requirements of such children detention order or, in respect of such suspended period of detention, and

(II) of any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of such children detention order, or such suspension, and subsection (6),

and

(ii) inform the Court which deferred making such children detention order or suspended the period of detention—

(I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

(II) of the application referred to in paragraph (b), and, where the order has been extended, to inform that Court of the period for which the order was extended.

(5) Where the F110[Child and Family Agency] makes an application—

(a) for a special care order or an interim special care order, or

(b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect,

and at the time the application is made a Children Act order has been made in respect of the child who is the subject of that application, the F110[Child and Family Agency] shall—

(i) inform the High Court of—

(I) the Children Act order concerned and the terms, conditions and other requirements of that order, and

(II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of the Children Act order concerned and subsection (6),

and

(ii) inform the Court which made the Children Act order—

(I) of the application referred to in paragraph (a) and, where the special care order or the interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or

(II) of the application referred to in paragraph (b), and, where the order has been extended, to inform that Court of the period for which the order was extended.

(6) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect—

(a) a suspended custodial sentence has been imposed in respect of that child,

(b) the making of a children detention order has, in respect of the child, been deferred under section 144 of the Act of 2001,

(d) a Children Act order is made in respect of the child,

the F110[Child and Family Agency] shall take all steps reasonably open to it to assist that child to comply with the terms, conditions and other requirements of the suspended custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c) or the Children Act order referred to in paragraph (d), and, without prejudice to the generality of the foregoing, shall—

(i) convey that child to any place which that child is required to attend pursuant to the custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c), or the Children Act order referred to in paragraph (d), and

(ii) provide that child with access to any person for the purposes of complying with the terms, conditions or other requirements of the custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c), or the Children Act order referred to in paragraph (d).

(7) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N, has been made in respect of a child and before that application has been determined—

(a) a custodial sentence is imposed on that child and is to take effect immediately,

(b) under section 144(9)(a) of the Act of 2001, a period of detention is imposed in respect of that child and such period of detention is to take effect immediately,

(c) a period of detention which had been suspended in accordance with section 144(9)(b) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately, or

(d) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

the F110[Child and Family Agency] shall withdraw that application.

(8) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N, has been made in respect of a child and before that application has been determined—

(a) a suspended custodial sentence is imposed on that child,

(b) the making of a children detention order has been deferred, in respect of that child, under section 144 of the Act of 2001 or a period of detention has been suspended, in respect of that child, under section 144(9)(b) of that Act, or

the F110[Child and Family Agency] shall inform the High Court as soon as practicable of the suspended custodial sentence referred to in paragraph (a), the children detention order or suspension referred to in paragraph (b) or the Children Act order referred to in paragraph (c) and of any matter requiring the release of the child from the special care unit under section 23NG for the purposes of complying with such suspended custodial sentence, children detention order, suspension or Children Act order.

(9) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect—

(a) a custodial sentence is imposed on that child and is to take effect immediately it is imposed, or

(b) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or interim special care order shall operate so as to prevent the child from serving that custodial sentence and without prejudice to the generality of the foregoing the F110[Child and Family Agency] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(10) Where a child is the subject of a special care order or an interim special care order and the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child, or a period of detention has been suspended in accordance with section 144(9)(b) of that Act, and during the period for which such special care order or interim special care order has effect—

(a) a period of detention is imposed under section 144(9)(a) of the Act of 2001, in respect of that child and such period of detention is to take effect immediately, or

(b) a period of detention which had been suspended in accordance with section 144(9)(b) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately,

nothing in this Act relating to the provision of special care to that child pursuant to such special care order or such interim special care order shall operate so as to prevent the child from being so detained and without prejudice to the generality of the foregoing the F110[Child and Family Agency] shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order.

(11) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a suspended custodial sentence is imposed on that child—

(a) the F110[Child and Family Agency] shall inform the High Court of such suspended custodial sentence, any terms and conditions of such suspended custodial sentence and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such suspended custodial sentence, and

(b) subject to subsection (9), the F110[Child and Family Agency] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(12) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child or a period of detention has been suspended in accordance with section 144(9)(b) of that Act—

(a) the F110[Child and Family Agency] shall inform the High Court of such deferral or such suspension and of any terms and conditions of such deferral or suspension and of any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of complying with such deferral or suspension, and

(b) subject to subsection (10)(a) or (10)(b), the F110[Child and Family Agency] shall, in accordance with such special care order or such interim special care order and this Act, continue to provide special care to the child.

(13) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a Children Act order is made in respect of that child—

(a) theF110[Child and Family Agency] shall inform the High Court of such Children Act order, any terms and conditions of such Children Act order and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such Children Act order, and

(b) the F110[Child and Family Agency] shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child.

(14) In this section references to a custodial sentence being served means, in the case of a custodial sentence which is a detention and supervision order, that the period for which that order was made has expired.]

Annotations

Amendments:

F109
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F110
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:

E73
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” in subs. (1) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 25, S.I. No. 887 of 2004; substituted as per F-note above.

E74
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F111[

Determination by Child and Family Agency that child requires special care.

23F.—(1) The F112[Child and Family Agency] shall not apply for a special care order in respect of a child unless it is satisfied that the child has attained the age of 11 years and it has made a determination, in accordance with this section, that the child requires special care.

(2) Where—

(a) the F112[Child and Family Agency] is satisfied that there is reasonable cause to believe that the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

(b) having regard to that behaviour and risk of harm, the F112[Child and Family Agency] has assessed the care requirements of the child, and is satisfied that there is reasonable cause to believe that—

(i) the provision, or the continuation of the provision, by the F112[Child and Family Agency] to the child of care, other than special care, and

(ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements, and

(c) having regard to paragraph (b), the F112[Child and Family Agency] is satisfied that there is reasonable cause to believe that the child requires special care to adequately address—

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which it cannot provide to the child unless the High Court makes a special care order in respect of that child,

the F112[Child and Family Agency] shall make arrangements to carry out the consultation referred to in subsection (3).

(3) The F112[Child and Family Agency]—

(a) shall, subject to subsection (4), consult with—

(i) the child,

(ii) the parent having custody of the child, unless the parent is dead, missing or cannot be found, and

(iii) a guardian, if any, or a person, if any, acting in loco parentis, unless that guardian or person is missing or cannot be found,

and

(b) may, having regard to all the circumstances of the child, consult with—

(i) a relative of the child, or

(ii) a person who, in the opinion of the F112[Child and Family Agency], has knowledge of that child and his or her family or other circumstances,

in relation to the behaviour and risk of harm referred to in subsection (2)(a), the care requirements referred to in subsection (2)(b), the proposal to provide special care to the child and the detention of the child in a special care unit for that purpose.

(4) Where the F112[Child and Family Agency], having regard to the protection of the life, health, safety, development or welfare of the child, is satisfied that there is reasonable cause to believe it is not in the best interests of the child to consult with all or any of the following persons, it shall not consult with that person:

(a) the child;

(b) a parent having custody of the child;

(d) a person acting in loco parentis.

(5) The F112[Child and Family Agency] shall, subject to subsection (6), convene a family welfare conference in accordance with section 7 (as amended by the Child Care (Amendment) Act 2011) of the Act of 2001 if it is satisfied that there is reasonable cause to believe that the child requires special care, after having carried out the consultations in accordance with subsection (3) or not carried them out in accordance with subsection (4).

(6) Notwithstanding subsection (5), where the F112[Child and Family Agency] is satisfied that, having regard to the protection of the life, health, safety, development or welfare of the child, there is reasonable cause to believe that it is not in the best interests of the child to convene the family welfare conference referred to in subsection (5), it may decide not to convene that conference.

(7) Where a family welfare conference—

(a) has been convened in accordance with subsection (5) and the F112[Child and Family Agency] has had regard to the recommendations, if any, notified under section 12 of the Act of 2001, or

(b) has not been convened in accordance with subsection (6),

and the F112[Child and Family Agency] is satisfied that there is reasonable cause to believe that the child requires special care it shall make a determination as to whether the child requires special care.

(8) Where the F112[Child and Family Agency] determines that there is reasonable cause to believe that for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care the F112[Child and Family Agency] shall apply to the High Court for a special care order.

(9) Where the F112[Child and Family Agency] applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the High Court that the consultation was not carried out and of the grounds for not carrying out that consultation.

(10) Where the F112[Child and Family Agency] applies for a special care order and it did not convene a family welfare conference in accordance with subsection (6), it shall inform the High Court that it did not convene that conference and of the grounds for not convening that conference.

(11) The F112[Child and Family Agency] shall prepare and publish guidelines relating to the procedures for—

(a) carrying out a consultation for the purposes of this section, and

(b) convening a family welfare conference for the purposes of this section.]

F113[(12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination was not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference.]

Annotations

Amendments:

F111
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 537 of 2017, subject to transitional provisions in s. 48.

F112
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.

F113
Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 13 and sch. 1 part 1 item 5, S.I. No. 636 of 2017.

Editorial Notes:

E75
Previous affecting provision: subs. (12) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 11, S.I. No. 502 of 2013. The amendment provided for subs. (12) to be substituted; however no subs. (12) existed and it was therefore inserted; substituted as per F-note above.

F114[

Notice of application for special care order or interim special care order.

23G.—(1) An application for a special care order or an interim special care order shall, subject to subsection (6) and section 23L(3), be made on notice to—

(a) a parent having custody of the child, unless the parent is dead, missing or cannot be found,

(b) a guardian of the child, if any, or a person, if any, acting in loco parentis unless that guardian or that person is dead, missing or cannot be found, and

(c) a guardian ad litem, where such guardian is appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of proceedings under this Part and whose appointment has effect in accordance with section 26(4).

(2) Where having regard to all the circumstances of a child the F115[Child and Family Agency] considers it appropriate for that child, it may inform any of the following persons of an application for a special care order or an interim special care order:

(a) a relative of the child;

(b) a person who, in the opinion of the F115[Child and Family Agency], has knowledge of that child and his or her family or other circumstances.

(3) The F115[Child and Family Agency] shall inform the Garda Síochána of an application for a special care order or an interim special care order including an application for an interim special care order referred to in section 23L(3).

(4) The F115[Child and Family Agency] shall, for the purposes of subsection (1), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1).

(5) The High Court, having regard to all the circumstances of the child, may direct that, in addition to the persons referred to in subsections (1) and (2), another person, who has knowledge of that child and his or her family or other circumstances, be informed of an application for a special care order or an interim special care order.

(6) Notwithstanding paragraphs (a) and (b) of subsection (1), the High Court, on the application of the F115[Child and Family Agency], may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that an application referred to in subsection (1) shall be made otherwise than on notice to a named person being a person to whom, pursuant to paragraphs (a) and (b) of subsection (1), such application is to be made on notice and the High Court may make such other provision and give other directions in respect of such notice, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.]

Annotations

Amendments:

F114
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F115
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.

F116
Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(a), not commenced as of date of revision.

Modifications (not altering text):

C14
Prospective affecting provision: subs. (1)(c) substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(a), not commenced as of date of revision.

(c) a guardian ad litem, where such guardian is appointed in accordance with F116[Part VA in respect of proceedings under this Part].

Editorial Notes:

E76
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F117[

Special care order.

23H.—(1) Where the High Court is satisfied that—

(a) the child has attained the age of 11 years,

(b) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

(i) the provision, or the continuation of the provision, by the F118[Child and Family Agency] to that child of care, other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements,

(d) having regard to paragraph (c), the child requires special care to adequately address—

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F118[Child and Family Agency] cannot provide to the child unless a special care order is made in respect of that child,

(e) the F118[Child and Family Agency] has carried out the consultation referred to in section 23F(3) or, where the F118[Child and Family Agency] has not carried out that consultation, the High Court is satisfied that it is in the best interests of the child not to have carried out that consultation having regard to the grounds provided in accordance with section 23F(9),

(f) in respect of the family welfare conference referred to in section 23F(5)—

(i) the F118[Child and Family Agency] has convened the family welfare conference and the F118[Child and Family Agency] has had regard to the recommendations notified in accordance with section 12 of the Act of 2001, or

(ii) it is in the best interests of the child that the family welfare conference was not convened having regard to the information and grounds provided in accordance with section 23F(10),

(g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and

(h) having regard to paragraphs (a) to (g), the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,

the High Court may make a special care order in respect of that child.

(2) A special care order shall specify the period for which it has effect and that period shall not exceed 3 months from the day on which that order is made unless that period is extended under section 23J and shall—

(a) commit the child in respect of whom it is made to the care of the F118[Child and Family Agency],

(b) direct the F118[Child and Family Agency] to detain that child in a special care unit, which the F118[Child and Family Agency] considers appropriate for that child, for the purpose of providing that child with special care, and

(c) direct the F118[Child and Family Agency] to provide special care to the child and to generally care for and maintain the child,

and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(3) For the purposes of executing a special care order the High Court may—

(a) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F118[Child and Family Agency],

(b) make an order directing the Garda Síochána to search for and find the child and to deliver the child to the custody of the F118[Child and Family Agency], at a special care unit specified by the F118[Child and Family Agency], and

(c) 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, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the F118[Child and Family Agency] at the special care unit in which the child is to be detained,

and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child.

(4) Where the High Court makes a special care order the F118[Child and Family Agency] shall inform the Garda Síochána immediately that the special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and an order, if any, made under section 23NA(1).

(5) A person shall be deemed to have been given, or shown, a copy of a special care order or an order made, or warrant issued, under subsection (3) if that person was present at the sitting of the High Court at which that special care order or that order was made or that warrant was issued.]

Annotations

Amendments:

F117
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017)by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F118
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:

E77
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F119[

Review of special care order.

23I.—(1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J, specify the date or dates for such review.

(2) A review under this section shall, subject to a direction under section 23NA(2)(a), if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(3) The F120[Child and Family Agency]—

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of a review under this section.

(4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4).

(5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(6) Where a day is specified for a review under this section and on that day the child concerned is—

(a) pursuant to section 23NF, outside the State for the purpose referred to in section 23NF(2)(c), or

(b) pursuant to section 23NG, released from the special care unit for a purpose referred to in section 23NG(1),

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose.]

Annotations

Amendments:

F119
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F120
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.

Modifications (not altering text):

C15
Prospective affecting provision: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F119[

Review of special care order.

23I.— (1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J, specify the date or dates for such review.

(3) The F120[Child and Family Agency]—

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of a review under this section.

(6) Where a day is specified for a review under this section and on that day the child concerned is—

(a) pursuant to section 23NF, outside the State for the purpose referred to in section 23NF(2)(c), or

(b) pursuant to section 23NG, released from the special care unit for a purpose referred to in section 23NG(1),

the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose.]

Editorial Notes:

E78
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F121[

Extension of period for which special care order has effect.

23J.—(1) Where a special care order has been made in respect of a child and the F122[Child and Family Agency] is satisfied that there is reasonable cause to believe that—

(a) the child is benefiting from the special care provided to him or her pursuant to the order,

(b) notwithstanding paragraph (a) and having regard to the assessments made by the F122[Child and Family Agency] under section 23ND(4), the risk of harm to the child posed by his or her behaviour continues to exist,

(c) the child requires the continuation of the provision to him or her of special care to adequately address that behaviour and risk of harm and his or her care requirements which the F122[Child and Family Agency] cannot continue to provide to the child unless the period for which that special care order has effect is extended,

(d) the provision of—

(i) care by the F122[Child and Family Agency] to the child, other than special care, and

(ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour or risk of harm or the care requirements of the child, and

(e) the continuation of the provision of the special care and, for that purpose, the continuation of the detention of the child in a special care unit, is required to protect his or her life, health, safety, development or welfare,

the F122[Child and Family Agency] shall, subject to subsection (2), apply to the High Court to extend the period for which the special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than 2 applications may be made under this section.

(3) An application under this section shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) The F122[Child and Family Agency]—

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of an application under this section.

(5) The first application under this section shall be made before the expiration of the period specified in the special care order in accordance with section 23H(2).

(6) The final application under this section shall be made before the expiration of the period for which the special care order was extended pursuant to the first application.

(7) Where the High Court is satisfied that—

(a) the conditions specified in paragraphs (a) to (e) of subsection (1) are satisfied in respect of the child, and

(b) the continuation of the detention of the child in a special care unit is in the best interests of the child,

the High Court may, subject to subsection (8), extend the period for which the special care order has effect and the High Court may, having regard to all the circumstances of the child, vary the special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(8) Each extension of the period for which a special care order has effect shall not exceed 3 months.

(9) Where the High Court extends the period for which a special care order has effect (in this section referred to as the “extended period”) the extended period shall take effect—

(a) pursuant to the first application, immediately following the expiration of the period specified in the special care order in accordance with section 23H(2), and

(b) pursuant to the final application, immediately following the expiration of the previous extended period.

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F122[Child and Family Agency], extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF, is outside the State for the purpose referred to in section 23NF(2)(c).]

Annotations

Amendments:

F121
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F122
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:

E79
Previous affecting provision: section amended (1.09.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 3, S.I. No. 296 of 2017; section substituted as per F-note above.

E80
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F123[

Special care before determination under section 23F.

23K.—Where the F124[Child and Family Agency] is taking all steps reasonably open to it to make a determination under section 23F in respect of a child and has not yet made that determination but it is satisfied that there is reasonable cause to believe that—

(a) the child has attained the age of 11 years,

(b) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare of that child,

(d) having regard to that behaviour and risk of harm and having assessed the care requirements of that child—

(i) the provision, or the continuation of the provision, by the F124[Child and Family Agency] to the child of care other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements,

(e) having regard to paragraph (d), the child requires special care to adequately address—

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which it cannot provide to the child unless the High Court makes an interim special care order in respect of that child,

(f) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and

(g) having regard to paragraph (c), the child requires special care immediately and before it has made a determination under section 23F,

the F124[Child and Family Agency] shall, as soon as possible, apply to the High Court for an interim special care order.]

Annotations

Amendments:

F123
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F124
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.

F125
Substituted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a), not commenced as of date of revision.

F126
Deleted by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(b), not commenced as of date of revision.

Modifications (not altering text):

C16
Prospective affecting provision: subss. (2)(a) and (7)(f) amended by Health Act 2007 (23/2007), s. 105 and sch. 2 part 1 item 3(a) and (b), not commenced as of date of revision.

(2) The Minister shall not approve of the provision of a special care unit unless—

(a) having caused the unit to be inspected F125[by the Office of the Chief Inspector of Social Services], and

…

(7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to— …

(f) the periodical inspection of those units F126[…].

…

Editorial Notes:

E81
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 28, S.I. No. 887 of 2004.

E82
Previous affecting provision: power pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004); revoked (1.01.2018) by Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017 (S.I. No. 634 of 2017), reg. 3, in effect as per reg. 2.

E83
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F127[

Interim special care order.

23L.—(1) Where the High Court is satisfied that there is reasonable cause to believe that—

(a) the child has attained the age of 11 years,

(b) the F128[Child and Family Agency] is taking all steps reasonably open to it to make a determination under section 23F,

(c) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,

(d) the risk of harm, referred to in paragraph (c), is immediate,

(e) having regard to that behaviour and risk of harm and the care requirements of the child—

(i) the provision, or the continuation of the provision, by the F128[Child and Family Agency] to that child of care, other than special care, and

(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001,

will not adequately address that behaviour and risk of harm and those care requirements,

(f) having regard to paragraph (e), the child requires special care to adequately address—

(i) that behaviour and risk of harm, and

(ii) those care requirements,

which the F128[Child and Family Agency] cannot provide to the child unless an interim special care order is made in respect of that child,

(g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care,

(h) having regard to paragraph (d), the child requires special care immediately and it is required to be provided before the determination under section 23F is made in respect of that child, and

(i) having regard to paragraphs (a) to (h), the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,

the High Court may make an interim special care order in respect of that child.

(2) An interim special care order shall specify the period for which it has effect and that period shall not exceed, subject to subsection (3), 14 days from the day on which that order is made unless that period is extended under section 23N and shall—

(a) commit the child in respect of whom it is made to the care of the F128[Child and Family Agency],

(b) direct the F128[Child and Family Agency] to detain that child in a special care unit, which the F128[Child and Family Agency] considers appropriate for that child, for the purpose of providing that child with special care, and

(c) direct the F128[Child and Family Agency] to provide special care to, and to generally care for and maintain, that child,

and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(3) An application for an interim special care order may be made ex parte where the High Court is satisfied that the interests of justice, the welfare of the child or the protection of the life, health, safety, development or welfare of the child so require, and, subject to section 23M(6), where an interim special care order is made pursuant to an ex parte application the period for which such interim special care order has effect shall not exceed 8 days from the day on which it is made.

(4) For the purposes of executing an interim special care order the High Court may—

(a) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F128[Child and Family Agency],

(b) make an order directing the Garda Síochána to search for and find the child and to deliver the child to the custody of the F128[Child and Family Agency], at a special care unit specified by the F128[Child and Family Agency], and

(c) 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, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the F128[Child and Family Agency] at the special care unit in which the child is to be detained,

and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child.

(5) Where the High Court makes an interim special care order, the F128[Child and Family Agency] shall inform the Garda Síochána immediately that the interim special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and section 23NA(1).

(6) A person shall be deemed to have been given, or shown, a copy of an interim special care order or an order made, or warrant issued, under subsection (4) if that person was present at the sitting of the High Court at which that interim special care order or that order was made or that warrant was issued.

(7) If the F128[Child and Family Agency] does not know the name of a child in respect of whom the application for an interim special care order is made, the F128[Child and Family Agency] may make the application for the interim special care order without naming the child and the application shall contain such information in respect of the child to enable him or her to be identified for the purposes of the interim special care order.]

Annotations

Amendments:

F127
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F128
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:

E84
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F129[

Interim special care orders made ex parte: supplemental provisions.

23M.—(1) Where, in accordance with section 23L(3), the High Court makes an interim special care order pursuant to an ex parte application—

(a) the High Court shall appoint a day for which the hearing of an application for an interim special care order on notice to the persons referred to in section 23G(1) is returnable to the High Court, and, subject to subsection (7), the day appointed for such hearing shall not exceed 8 days from the day on which that interim special care order is made pursuant to the ex parte application,

(b) the High Court shall, subject to a direction under subsection (2), direct that a copy of the interim special care order made pursuant to the ex parte application and, subject to subsection (3), notice of the hearing referred to in paragraph (a), be served on a person referred to in, and in accordance with, paragraphs (a) and (b) of section 23G(1),

(c) the High Court, where it makes an appointment under section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings, shall direct that a copy of the interim special care order made pursuant to the ex parte application and notice of the hearing referred to in paragraph (a) be served on a person appointed under that section, and

(d) the High Court may direct that a person referred to in section 23G(2) and section 23G(5), be informed of the making of that interim special care order and of the hearing referred to in paragraph (a),

and the High Court may direct that other information and documents be served on such persons and it may make such other provision and give directions, as it, having regard to all the circumstances, considers necessary and in the best interests of the child.

(2) The High Court, on the application of the F130[Child and Family Agency], may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that a copy of the interim special care order referred to in subsection (1)(b) not be served on a person referred to in subsection (1)(b).

(3) The High Court may, in respect of the hearing referred to in subsection (1)(a), make a direction under section 23G(6).

(4) The F130[Child and Family Agency]—

(a) may inform a person referred to in section 23G(2) of the hearing referred to in subsection (1)(a), and

(b) shall, for the purposes of the hearing referred to in subsection (1)(a) and subject to a direction under subsection (2), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of section 23G(1).

(5) Where the High Court makes an interim special care order at the hearing referred to in subsection (1)(a), it shall, when specifying, in accordance with section 23L(2), the period for which that order is to have effect, take into account the period for which the interim special care order made pursuant to the ex parte application has had effect and the cumulative period of the first-mentioned interim special care order and the interim special care order made pursuant to the ex parte application shall not, in accordance with section 23L(2), exceed 14 days.

(6) Where, at the hearing referred to in subsection (1)(a), the High Court—

(a) makes an interim special care order, the interim special care order made pursuant to the ex parte application shall cease to have effect immediately following the making of the first-mentioned interim special care order, or

(b) refuses to make an interim special care order it shall discharge the interim special care order made pursuant to the ex parte application.

(7) Where the High Court makes an interim special care order pursuant to an ex parte application for a period which is less than 8 days, the day appointed for the hearing referred to in subsection (1)(a) shall not exceed the period for which such order is made.

(8) Without prejudice to the generality of the foregoing, the High Court may give directions as it considers necessary and in the best interests of the child in respect of an application made ex parte for an interim special care order and in respect of the hearing referred to in subsection (1)(a) including directions relating to the service of a copy of the interim special care order made ex parte or pursuant to the hearing referred to in subsection (1)(a).]

Annotations

Amendments:

F129
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F130
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.

F131
Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(b)(i), (ii), not commenced as of date of revision.

Modifications (not altering text):

C17
Prospective affecting provision: subs. (1)(c) amended by Child Care (Amendment) Act 2022 (21/2022), s. 8(b), not commenced as of date of revision.

(c) the High Court, where F131[a person is appointed under section 35C(1) pursuant to an order under section 35B(2)] in respect of the proceedings, shall direct that a copy of the interim special care order made pursuant to the ex parte application and notice of the hearing referred to in paragraph (a) be served on F131[the person so appointed], and

Editorial Notes:

E85
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F132[

Extension of period for which interim special care order has effect.

23N.—(1) Where an interim special care order has been made in respect of a child and the F133[Child and Family Agency] has not yet made a determination under section 23F in respect of that child but it is satisfied that there is reasonable cause to believe that the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, the F133[Child and Family Agency] shall, subject to subsections (2) and (8), apply to the High Court to extend the period for which the interim special care order has effect for the purpose of continuing the provision of special care to that child.

(2) Not more than one application may be made under this section.

(4) The F133[Child and Family Agency]—

(a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and

(b) shall, where a direction was made under section 23NA(2)(b), inform the person in respect of whom that direction was made,

of an application under this section.

(5) An application under this section shall be made before the expiration of the period specified in the interim special care order in accordance with section 23L(2).

(6) Where the High Court is satisfied that there is reasonable cause to believe that—

(a) the F133[Child and Family Agency] is taking all steps reasonably open to it to make a determination in respect of the child under section 23F,

(b) the conditions specified in paragraphs (a) to (e) of section 23J(1) are satisfied in respect of the child, and

the High Court may, subject to subsections (7) and (8), extend the period for which the interim special care order has effect, and the High Court may, having regard to all the circumstances of the child, vary the interim special care order and make such other provision and give directions as it considers necessary and in the best interests of the child.

(7) The extension of the period for which the interim special care order has effect shall not exceed 21 days.

(8) An application to extend the period for which an interim special care order has effect shall not be made in respect of an interim special care order, referred to in section 23L(3), which has been made pursuant to an ex parte application and in respect of which the hearing referred to in section 23M(1)(a) has not taken place.

(9) Where the High Court extends the period for which an interim special care order has effect (in this section referred to as the “extended period”) the extended period shall take effect immediately following the expiration of the period specified in the interim special care order in accordance with section 23L(2).

(10) Where an order was made under section 23NA(1) in respect of a child who is the subject of an application under this section, the High Court may, on the application of the F133[Child and Family Agency], extend the period for which that order has effect.

(11) An application under this section may be made, and heard, in respect of a child who, pursuant to section 23NF, is outside the State for the purpose referred to in section 23NF(2)(c).]

Annotations

Amendments:

F132
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F133
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:

E86
Previous affecting provision: Part IVA (ss. 23A-23N) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004 (s. 23D commenced (23.07.2007) by S.I. No. 524 of 2007 and repealed on the same date); section substituted as per F-note above.

F134[

Sections 23H and 23L: supplemental provisions.

23NA.—(1) Where the High Court has made a special care order or an interim special care order in respect of a child, it may, on the application of the F135[Child and Family Agency], make an order, for the duration of the period for which that special care order or interim special care order has effect, directing the Garda Síochána, when requested by the F135[Child and Family Agency], to search for and find the child and to deliver the child to the custody of the F135[Child and Family Agency] at a special care unit specified by the F135[Child and Family Agency] where the child—

(a) is, without lawful authority or the consent or knowledge of the F135[Child and Family Agency], removed from the custody of the F135[Child and Family Agency] or from a special care unit,

(b) absconds from a special care unit or the custody of the F135[Child and Family Agency],

(i) a special care unit, or

(ii) the custody of the F135[Child and Family Agency],

(d) is missing or is otherwise absent, without the consent or knowledge of the F135[Child and Family Agency], from a special care unit or place to which he or she has been released under section 23NF or 23NG.

(2) Where the High Court makes a special care order or an interim special care order, the High Court, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, on its own motion or on the application of a parent, a guardian of the child, a person in loco parentis or the F135[Child and Family Agency]—

(a) may, for the purpose of protecting the life, health, safety, development or welfare of the child—

(i) give directions in relation to the withholding of the address of the special care unit from a named person,

(ii) give directions in relation to the access, if any, to the child by a named person and the conditions under which that access is to be permitted, and

(iii) direct that, notwithstanding sections 23I(2), 23J(3), 23N(3), 23NE(6), 23NE(7), 23NE(8), 23NF(4) and 23NG(3), a review under section 23I and an application under sections 23J, 23N, 23NE, 23NF and 23NG, or any of them, shall be made otherwise than on notice to a named person, being a person to whom notice of such review or application is made pursuant to those sections,

and

(b) may, where it has made a direction under section 23G(5), for the purpose of protecting the life, health, safety, development or welfare of the child, direct that the person referred to in that subsection be informed of a review under section 23I and an application under sections 23J, 23N, 23NE, 23NF and 23NG, or any of them.

(3) Where the High Court makes a special care order or an interim special care order and before that order was made the F135[Child and Family Agency] was unable to locate—

(a) a parent having custody of the child concerned,

(b) a guardian of the child, if any, or

the F135[Child and Family Agency] shall take all steps reasonably open to it to find that parent, guardian or person and, subject to a direction under subsection (2)(a) and section 23M(2), or any other order or direction of the High Court, inform him or her—

(i) that a special care order or an interim special care order has been made in respect of the child and the terms and conditions of that order,

(ii) of the name and location of the special care unit in which the child is detained, and

(iii) of an order made, or warrant issued, if any, under section 23H or 23L, an order, if any, made under subsection (1), and a direction, if any, made under subsection (2).

(4) Where the High Court makes a direction referred to in section 23G(6) and, following that direction, makes a special care order or an interim special care order in respect of the child, subject to that direction, or other order or direction of the High Court including a direction referred to in subsection (2)(a), the F135[Child and Family Agency] shall take all steps reasonably open to it to inform that parent or person—

(a) that the special care order or interim special care order has been made in respect of the child and the terms and conditions of that order,

(b) of the name and location of the special care unit in which the child is detained, and

(c) of an order made, or warrant issued, if any, made under section 23H, or 23L, an order, if any, made under subsection (1), and a direction, if any, made under subsection (2).

(5) Where the High Court makes a special care order or an interim special care order, the F135[Child and Family Agency], may apply to the High Court for an order to require a parent, or both parents, to pay to the F135[Child and Family Agency] a sum of money as a contribution towards the cost of maintaining the child, in each week or other period and the application shall be on notice to the parent concerned or both of them.

(6) Where—

(a) an application under subsection (5) is made, the High Court shall have regard to the means of a parent, or both parents, and where it makes the order it may give directions and make such other provision as it considers necessary, and

(b) the High Court makes the order referred to in subsection (5), a parent, or both parents, may apply to the High Court to vary or discharge the order to pay the sum of money referred to in subsection (5).

(7) Where the High Court makes an interim special care order, the F135[Child and Family Agency] shall, as soon as possible, take all steps reasonably open to it to make a determination, in respect of the child concerned, under, and in accordance with, section 23F.

(8) A person shall be deemed to have been given, or shown, a copy of an order referred to in subsection (1) if that person was present at the sitting of the High Court at which that order was made.

(9) The duration of the period for which the order made under subsection (1) has effect, may be extended with an application under section 23J or 23N.]

Annotations

Amendments:

F134
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F135
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.

F136[

Failure to find child.

23NB.—(1) Where a child, in respect of whom a special care order or an interim special care order has been made, has not been found within 3 days of the making of that order the F137[Child and Family Agency] shall, on notice to the persons referred to in subsection (3), notify the High Court as soon as practicable after those 3 days have expired, that the child has not been found and of all steps taken, and proposed to be taken, by the F137[Child and Family Agency] and the Garda Síochána to find the child.

(2) The High Court may, following the notification under subsection (1), give directions and make such other provision in relation to that order and the execution of that order as it considers necessary and in the best interests of the child.

(3) A notification under subsection (1) shall, subject to a direction referred to in section 23G(6) or 23M(2), and section 23NA(2)(a), be made on notice to a person referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) Where a direction was made under section 23NA(2)(b), the F137[Child and Family Agency] shall inform the person in respect of whom that direction was made, of the notification under this section.

(5) Where the F137[Child and Family Agency] considers it appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of the notification under this section.]

Annotations

Amendments:

F136
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F137
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.

F138[

Appeal and staying of order.

23NC.—Where—

(a) a special care order or an interim special care order, or

(b) an extension under section 23J or 23N,

is appealed, the High Court, may direct that the special care order, interim special care order or extension is to be stayed pending the hearing and determination of the appeal.]

Annotations

Amendments:

F138
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F139[

Functions of Child and Family Agency when providing special care.

23ND.—(1) Where a special care order or an interim special care order has effect the F140[Child and Family Agency]—

(a) shall have the like control over the child as if it were a parent of that child,

(b) shall do what is reasonable, subject to this Part, to promote his or her health, development or welfare and protect his or her life, health, safety, development or welfare, having regard to all the circumstances of the child,

(c) shall have the authority to decide on the special care to be provided to the child having regard to his or her care requirements and the special care unit in which a child is to be detained,

(d) shall have the authority to give consent to any medical or psychiatric examination, treatment or assessment in respect of the child,

(e) shall have the authority to give consent to the application for, and issuing of, a passport to the child, or the provision of passport facilities to the child, for the purpose of—

(i) obtaining medical or psychiatric assessment, examination and treatment outside the State,

(ii) permitting the child to reside, outside the State, with a parent or relative, or

(iii) obtaining such assessment, examination and treatment referred to in subparagraph (i) and permitting such residence referred to in subparagraph (ii),

in accordance with section 23NF, and

(f) shall take all steps that are reasonably open to it to prevent the child from absconding from the special care unit or the custody of the F140[Child and Family Agency].

(2) Where the F140[Child and Family Agency] has given its consent in accordance with this section, such consent shall be sufficient authority for the carrying out of any medical or psychiatric assessment or examination, or the provision to the child of medical or psychiatric treatment, or the issue of a passport or the provision of passport facilities.

(3) Nothing in subsection (1)(d) or (2) shall be construed as making ineffective any consent which would have been effective if those provisions had not been enacted.

(4) Where a child is detained in a special care unit, the F140[Child and Family Agency]—

(a) shall, from time to time, continue to assess his or her care requirements, and

(b) having made an assessment referred to in paragraph (a), shall from time to time—

(i) assess the effect of the special care provided to the child in relation to his or her care requirements, the behaviour of the child and risk of harm posed by that behaviour, and

(ii) satisfy itself that the child continues to require special care to adequately address that behaviour and risk of harm and those care requirements.

(5) The F140[Child and Family Agency] may release the child from the special care unit for the purpose referred to in section 23NF(2)(c), in accordance with section 23NF.

(6) The F140[Child and Family Agency] may transfer a child from one special care unit to another special care unit.

(7) Where the F140[Child and Family Agency] proposes to transfer a child to another special care unit, subject to a direction under section 23NA(2)(a), the F140[Child and Family Agency] shall—

(a) notify, subject to paragraph (b)—

(i) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

(ii) a guardian, if any, of the child unless the guardian is missing or cannot be found,

of that proposal, or

(b) where the transfer is required for the immediate safety of the child, notify—

(i) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

(ii) a guardian, if any, of the child unless the guardian is missing or cannot be found,

of the location of the special care unit to which the child has been transferred.

(8) The F140[Child and Family Agency] shall, for the purposes of subsection (7), take all steps reasonably open to it to locate a person referred to in paragraph (a) or (b) of subsection (7).]

Annotations

Amendments:

F139
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F140
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.

F141[

Discharge and variation of special care order or interim special care order.

23NE.—(1) Where a special care order or an interim special care order has effect and the F142[Child and Family Agency] is satisfied that there is reasonable cause to believe that—

(a) the care requirements of the child have changed and the child no longer requires special care, or

(b) the child is not benefiting from special care,

the F142[Child and Family Agency] shall, subject to subsection (6), apply to the High Court to have the special care order or the interim special care order discharged.

(2) A special care order or an interim special care order shall cease to have effect when the child in respect of whom it was made attains 18 years of age.

(3) The High Court may, subject to subsections (7) and (8), discharge a special care order or an interim special care order—

(a) of its own motion,

(b) on the application of a parent of the child, a guardian of the child or a person in loco parentis, or

(4) The High Court may vary a special care order or an interim special care order—

(a) of its own motion,

(b) on the application of the F142[Child and Family Agency], or

(5) When considering an application to discharge or vary a special care order or an interim special care order under this section, other than an application referred to in subsection (3)(c), the High Court shall satisfy itself that the discharge or variation is in the best interests of the child, having regard to his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare.

(6) An application referred to in subsection (1), (3)(c) or (4)(b) shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1) and where—

(a) a direction has been made under section 23NA(2)(b), the F142[Child and Family Agency] shall inform the person in respect of whom that direction was made of the application, and

(b) the F142[Child and Family Agency] is satisfied it is appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of the application.

(7) An application referred to in subsection (3)(a) or (4)(a) shall, subject to a direction under section 23NA(2)(a), be made on notice to the F142[Child and Family Agency] and the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1), and—

(a) where a direction has been made under section 23NA(2)(b), the F142[Child and Family Agency] shall inform the person in respect of whom that direction was made of the application, and

(b) where the F142[Child and Family Agency] is satisfied it is appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2).

(8) An application referred to in subsection (3)(b) or (4)(c) shall be made on notice to the F142[Child and Family Agency], and subject to a direction under section 23NA(2)(a), the persons, other than the person making the application, referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1), and—

(a) the person making the application may inform a person referred to in section 23G(2) of the application, and

(b) where a direction has been made under section 23NA(2)(b), the person making the application shall inform the person in respect of whom that direction was made of that application.]

Annotations

Amendments:

F141
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F142
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.

F143[

Release from special care unit under special care order or interim special care order.

23NF.—(1) Notwithstanding the detention of a child in a special care unit pursuant to a special care order or an interim special care order, the F144[Child and Family Agency] may apply to the High Court to vary that special care order or interim special care order to authorise the release of the child from the special care unit for all or any of the purposes referred to in subsection (2).

(2) The purposes referred to in subsection (1) are:

(a) to place the child in a children’s residential centre or to permit the child to reside with a parent or a relative, including a parent or relative who resides outside the State, for a specified period as the F144[Child and Family Agency] considers appropriate having regard to the care requirements of the child;

(b) the provision to the child of medical or psychiatric examination, treatment or assessment;

(d) release on compassionate grounds;

(e) educational and recreational outings from the special care unit;

(f) to promote the welfare of the child, having regard to his or her care requirements and to adequately address his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare.

(3) An application under this section may be made—

(a) with an application for a special care order or interim special care order,

(b) at a review under section 23I,

(d) at any other time during the period for which the special care order or interim special care order has effect.

(4) An application referred to in subsection (3)(d) shall be made, subject to a direction under section 23NA(2)(a), on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(5) Where the F144[Child and Family Agency] considers it appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of an application referred to in subsection (3)(d).

(6) Where a direction has been made under section 23NA(2)(b) in respect of an application under this section, the F144[Child and Family Agency] shall inform the person in respect of whom that direction was made of an application referred to in subsection (3)(d).

(7) The High Court may—

(a) vary the special care order or interim special care order to authorise the release of the child from the special care unit during the period for which the special care order or interim special care order has effect for all or any of the purposes referred to in subsection (2) where it is satisfied that the release is necessary for the protection of his or her life, health, safety, development or welfare and is in the best interests of the child,

(b) make such other provision and give directions in respect of the release as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child, and

(c) without prejudice to the generality of paragraphs (a) and (b), vary the special care order or interim special care order for a specified period or a number of specified periods and may include terms and conditions as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.

(8) Without prejudice to the generality of subsection (7), a variation under this section may provide for the care of the child during the release and where the release is for the purpose—

(a) referred to in subsection (2)(c), or

(b) referred to in subsection (2)(a) and the parent or relative concerned resides outside the State,

the variation, or direction, may provide—

(i) in respect of the purpose referred to in paragraph (a), for the placement of the child in a specified place in which such examination, treatment or assessment is to be provided to the child, or

(ii) in respect of the purpose referred to in paragraph (b), any matter relating to the residence of the child with the parent or relative concerned.

(9) Notwithstanding subsection (1), the F144[Child and Family Agency] may release a child from a special care unit where—

(a) the child requires medical treatment, assessment or examination immediately, or

(b) the release is required immediately on compassionate grounds.

(10) After a release referred to in subsection (9) the F144[Child and Family Agency] shall—

(a) inform the High Court as soon as practicable, of the release and the reasons for it,

(b) subject to a direction under section 23NA(2)(a), inform a person referred to in section 23G(1)(a) as soon as possible of the release and the reasons for it unless he or she is dead, missing or cannot be found, and

(c) where appropriate to the circumstances of the child and subject to a direction under section 23NA(2)(a), inform a person referred to in section 23G(1)(b) as soon as possible of the release and the reasons for it unless he or she is dead, missing or cannot be found.

(11) Where a child has been released from a special care unit under subsection (9) and the F144[Child and Family Agency] considers it appropriate, having regard to the circumstances of the child, it may, subject to a direction under section 23NA(2)(a), inform any other person, including a person referred to in section 23G(2) of the release and the reasons for it.

(12) Where a child has been released under subsection (9) and a direction has been made under section 23NA(2)(b) in respect of an application under this section, the F144[Child and Family Agency] shall inform the person in respect of whom that direction was made, of the release under this section.

(13) Where a child is released for the purpose referred to in subsection (9)(a) the child may remain in the place in which such treatment, assessment or examination is provided to him or her for such period as is required for such treatment, assessment or examination.

(14) Where a child is released from the special care unit pursuant to this section, including a release referred to in subsection (9), the period of the release concerned shall be included in the period for which the special care order or the interim special care order has effect.

(15) Without prejudice to the generality of subsections (7) and (8), where a child is released from the special care unit—

(a) for the purpose referred to in subsection (2)(c), or

(b) the purpose, referred to in subsection (2)(a) and the parent or relative concerned resides outside the State,

the High Court shall satisfy itself of all factors relevant to the welfare of the child in respect of—

(i) the provision, referred to in subsection (2)(c), to the child of medical or psychiatric examination, treatment or assessment outside the State, or

(ii) the residence of the child with a parent or relative, referred to in subsection (2)(a), outside the State,

before it varies the special care order or the interim special care order concerned.]

Annotations

Amendments:

F143
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F144
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.

F145[

Release from special care unit for purposes of sections 23D and 23E.

23NG.—(1) Notwithstanding the detention of a child in a special care unit pursuant to a special care order or an interim special care order, the F146[Child and Family Agency] may apply to the High Court to vary that special care order or interim special care order to authorise the release of the child from the special care unit for all or any of the following:

(a) for the purposes referred to in section 23D(3)(c);

(b) for the purposes referred to in section 23D(4)(i) and section 23D(5);

(c) for the purposes of complying with any terms, conditions and other requirements of a Children Act order referred to in sections 23E(5)(i), 23E(8) and 23E(13);

(d) for the purposes of complying with any terms, conditions and other requirements of a children detention order the making of which has been deferred under section 144 of the Act of 2001, referred to in sections 23E(4)(i), 23E(8) and 23E(12);

(e) for the purposes of complying with any terms, conditions and other requirements of the suspension, under section 144(9)(b) of the Act of 2001, of a period of detention referred to in sections 23E(4)(i), 23E(8) and 23E(12);

(f) for the purposes of complying with a suspended custodial sentence referred to in sections 23E(3)(i), 23E(8) and 23E(11);

(g) for the purposes referred to in section 23E(6);

(h) for any other purpose in respect of which the release of the child is required pursuant to section 23D or 23E.

(2) An application under this section may be made—

(a) with an application for a special care order or interim special care order, at a review under section 23I or with an application under section 23J or 23N, or

(b) at any other time during the period for which the special care order or interim special care order has effect.

(3) An application referred to in subsection (2)(b) shall be made, subject to a direction under section 23NA(2)(a), on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1).

(4) The High Court may—

(b) make such other provision and give directions in respect of the release under this section as the High Court, having regard to all the circumstances of the child, considers necessary and in the best interests of the child,

and without prejudice to the generality of the foregoing where the release is for the purposes referred to in paragraph (a) or (b) of subsection (1) or for any other purpose for which the release of the child is required pursuant to section 23D, the variation shall be made in accordance with section 23D(3).

(5) Where a child is released from the special care unit pursuant to this section the period of the release shall be included in the period for which the special care order or the interim special care order has effect.]

Annotations

Amendments:

F145
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F146
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.

F147[

Hearing of proceedings.

23NH.—Proceedings under this Part shall be heard otherwise than in public.]

Annotations

Amendments:

F147
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F148
Repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

Modifications (not altering text):

C18
Prospective affecting provision: section repealed by Child Care (Amendment) Act 2022 (21/2022), s. 2(a), not commenced as of date of revision.

23NH.—F148[…]

F149[

Return of child to Child and Family Agency in certain circumstances.

23NI.—(1) Where a child, in respect of whom a special care order or an interim special care order has been made—

(a) is, without lawful authority or the consent or the knowledge of the F150[Child and Family Agency], removed from the custody of the F150[Child and Family Agency] or a special care unit,

(b) absconds from a special care unit or the custody of the F150[Child and Family Agency],

(i) a special care unit, or

(ii) the custody of the F150[Child and Family Agency],

(d) is missing or is otherwise absent, without the consent or knowledge of the F150[Child and Family Agency], from the special care unit or place to which he or she has been released in accordance with section 23NF or 23NG,

the F150[Child and Family Agency] shall request the Garda Síochána to search for the child and return the child to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].

(2) Where a request has, in accordance with subsection (1), been made, the Garda Síochána may take all reasonable measures to comply with the request.

(3) Where the F150[Child and Family Agency] has reasonable grounds for believing that a person can produce a child referred to in subsection (1), the F150[Child and Family Agency] shall apply to the High Court for an order directing that person to deliver the child to the care of the F150[Child and Family Agency].

(4) Where an application referred to in subsection (3) is made and the High Court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce that child, the High Court may make an order directing that person to deliver up that child to the custody of the F150[Child and Family Agency] and may, for the purpose of that order, give directions as it considers necessary and in the best interests of the child.

(5) A person shall be deemed to have been given, or shown, a copy of a warrant issued under subsection (6) if that person was present at the sitting of the High Court at which the warrant was issued.

(6) Where the High Court is satisfied by information on oath that there are reasonable grounds for believing that a child referred to in subsection (1), and who is named in an application, is in a house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, specified in the information, the High Court may, on the application of the F150[Child and Family Agency] in respect of a child referred to in subsection (1), 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 any house or other place specified in the warrant, where the child is, or where there are reasonable grounds for believing that he or she is, and to return the child to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].

(7) An application for an order under subsection (3) may be made ex parte and may be heard if the High Court is satisfied—

(a) of the urgency of the matter,

(b) that it is necessary for the purpose of protecting the life, health, safety, development or welfare of the child, or

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

(a) there is an immediate and serious risk to the life, health, safety, development or welfare of a child referred to in subsection (1), and

(b) it would not be sufficient for the protection of that child from such immediate and serious risk to await the making of an application for a warrant under subsection (6),

the member, accompanied by such other persons as may be necessary, may, without a 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 or aircraft, and remove the child to safety and return the child to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].

(9) Subsection (8) is without prejudice to any other powers exercisable by a member of the Garda Síochána.

(10) Where a child is removed to safety by a member of the Garda Síochána in accordance with subsection (8), the child shall be returned to the custody of the F150[Child and Family Agency] at the special care unit specified by the F150[Child and Family Agency].]

Annotations

Amendments:

F149
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F150
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.

F151[

Applications for special care orders or interim special care orders generally.

23NJ.—(1) Nothing in this Act shall be construed as preventing the F152[Child and Family Agency] from applying for a special care order or an interim special care order, in respect of a child who has previously been the subject of—

(a) an application for a special care order or an interim special care order,

(b) a special care order, whether or not the period for which it had effect was extended in accordance with section 23J, or

(c) an interim special care order, whether or not the period for which it had effect was extended in accordance with section 23N.

(2) Where a special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23J, the F152[Child and Family Agency] may apply for another special care order in respect of that child—

(a) at any time after the first-mentioned special care order ceased to have effect, or

(b) during the period for which the first-mentioned special care order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order, the first-mentioned special care order shall cease to have effect immediately following the making of that special care order.

(3) Where an interim special care order has been made in respect of a child, whether or not the period for which it had effect was extended in accordance with section 23N, the F152[Child and Family Agency] may apply for another interim special care order in respect of that child, subject to subsection (4), at any time after the first-mentioned interim special care order ceased to have effect.

(4) Subsection (3) shall not apply in respect of a hearing, referred to in section 23M(1)(a), held pursuant to the making of an interim special care order ex parte.

(5) Where an interim special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23N, the F152[Child and Family Agency] may apply for a special care order in respect of that child—

(a) at any time after the interim special care order ceased to have effect, or

(b) during the period for which the interim special care order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers—

(i) makes the special care order, the interim special care order shall cease to have effect immediately following the making of that special care order, or

(ii) if the High Court refuses to make the special care order it shall discharge the interim special care order.

(6) The F152[Child and Family Agency] may apply for a special care order, or an interim special care order, in respect of a child who is, or has previously been the subject of an order of the High Court the effect of which was to detain a child in secure residential accommodation and such application may be made, in accordance with this Part—

(a) at any time after that High Court order ceased to have effect, or

(b) during the period for which that High Court order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order or, as the case may be, the interim special care order it shall give directions in respect of the cessation of the effect of that High Court order.]

Annotations

Amendments:

F151
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F152
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.

F153[

Application for directions.

23NK.—Where a child is in the care of the F154[Child and Family Agency] pursuant to a special care order or an interim special care order, the High Court may—

(a) of its own motion, or

(b) on the application of the F154[Child and Family Agency], a parent, the guardian of the child or a relative,

give directions or make an order on any question affecting the welfare of the child as the High Court thinks proper and may vary or discharge any such direction or order.]

Annotations

Amendments:

F153
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F154
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.

F155
Substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(c), not commenced as of date of revision.

Modifications (not altering text):

C19
Prospective affecting provision: subsection (b) substituted by Child Care (Amendment) Act 2022 (21/2022), s. 8(c), not commenced as of date of revision.

23NK.— Where a child is in the care of the F154[Child and Family Agency] pursuant to a special care order or an interim special care order, the High Court may—

…

(b) on the application of the Child and Family Agency, a parent, F155[the guardian of the child, a guardian ad litem, where such guardian ad litem is appointed in accordance with Part VA in respect of proceedings under this Part,] or a relative,

give directions or make an order on any question affecting the welfare of the child as the High Court thinks proper and may vary or discharge any such direction or order.

F156[

Existing orders.

23NL.—(1) Where an existing order has effect in respect of a child on the day on which a special care order or an interim special care order is made in respect of that child, subject to subsection (2), the provision of special care to that child by the F157[Child and Family Agency] shall take precedence over the care provided to the child pursuant to such existing order during the period for which the special care order or interim special care order has effect.

(2) Where an existing order has effect for a specified period, nothing in subsection (1) shall be construed as affecting that period.

(3) In this section “existing order” means—

(a) an interim care order made under section 17,

(b) a care order made under section 18,

(d) a supervision order made under section 19.]

Annotations

Amendments:

F156
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F157
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.

F158[

Provision of information to certain persons.

23NM.—(1) The F159[Child and Family Agency] shall, from time to time during the period for which a special care order or an interim special care order has effect and subject to a direction under section 23NA(2)(a), provide—

(a) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

(b) a guardian of the child unless the guardian is missing or cannot be found, or a relative,

with information relating to the child having regard to the special care provided to him or her, his or her care requirements, the behaviour of the child before the provision of special care and the risk it poses to his or her life, health, safety, development or welfare.

(2) The F159[Child and Family Agency] shall, for the purposes of subsection (1), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1).

(3) Without prejudice to the generality of subsection (1), information provided pursuant to that subsection includes information in respect of—

(a) the benefits of special care having regard to the care requirements of the child, and

(b) an incident, if any, relating to the child which—

(i) has occurred in the special care unit or during a period for which the child was released from the special care unit pursuant to section 23NF or 23NG, and

(ii) has had, or is likely to have, an adverse affect on that child.]

Annotations

Amendments:

F158
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F159
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.

F160[

Request for appraisal of special care provided to child.

23NN.—(1) A parent of a child who is the subject of a special care order or an interim special care order, a guardian or a person who has a bona fide interest in the child, may request, in writing, the F161[Child and Family Agency] to carry out an appraisal of the child in respect of the special care provided to him or her, the care requirements of the child, the behaviour of the child before the provision of such special care and the risk such behaviour poses to his or her life, health, safety, development or welfare.

(2) Where a request under subsection (1) is made, the F161[Child and Family Agency] shall, subject to subsection (3), carry out an appraisal referred to in subsection (1).

(3) Where, pursuant to a request referred to in subsection (1), the F161[Child and Family Agency] decides not to carry out an appraisal, the F161[Child and Family Agency] shall inform, in writing, the person who made the request of that decision and the reasons for it.

(4) Where the F161[Child and Family Agency] decides not to carry out an appraisal pursuant to a request referred to in subsection (1), the person who made that request may appeal the decision in accordance with this section within 14 days of receipt of the written notification in the prescribed form stating the reasons for the appeal.

(5) Where the F161[Child and Family Agency] receives an appeal under subsection (4) it shall, with the consent of the Minister, appoint a person who—

(a) has, in the opinion of the F161[Child and Family Agency], the necessary qualifications, training or experience, or a combination thereof, and

(b) is not an employee of the F161[Child and Family Agency].

(6) The person appointed pursuant to subsection (5) to consider an appeal under subsection (4) shall—

(a) be independent in the performance of his or her functions,

(b) comply with guidelines issued under subsection (10) by the F161[Child and Family Agency] in respect of the procedure to be followed with respect to the consideration of the appeal,

(d) make a decision in writing determining the appeal as soon as practicable in all the circumstances of the case, and

(e) send a copy of the decision referred to in paragraph (d) to the appellant and the F161[Child and Family Agency] together with the reasons for that decision.

(7) The appellant or the F161[Child and Family Agency] may appeal to the High Court against the decision referred to in subsection (6)(d) on a point of law.

(8) An appeal under subsection (7) shall, where the appellant requests, be heard otherwise than in public.

(9) A decision of the High Court on an appeal under subsection (7) shall be final except that, by leave of the High Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.

(10) The F161[Child and Family Agency] shall issue guidelines in respect of the procedure to be followed in respect of an appeal under this section.]

Annotations

Amendments:

F160
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F161
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.

F162[

Guidelines.

23NO.—The F163[Child and Family Agency] shall prepare and publish guidelines in respect of—

(a) the procedures for—

(i) the discharge of children from special care units including the discharge or release of children who are to remain in the care of the F163[Child and Family Agency] pursuant to an order under the Act other than under this Part, and

(ii) the release, in accordance with section 23NF and 23NG, of children from a special care unit,

F164[(b) (i) the provision of care under this Act to a child when a special care order or an interim special care order made in respect of that child ceases to have effect, and

(ii) the assistance which may be provided by the Child and Family Agency in accordance with an aftercare plan where a person has been the subject of an interim special care order or a special care order and is an eligible child or eligible adult,

and]

(i) who are, without lawful authority or the consent or knowledge of the F163[Child and Family Agency], removed from the custody of the F163[Child and Family Agency] or a special care unit,

(ii) who abscond from a special care unit or the custody of the F163[Child and Family Agency],

(iii) who fail to return, or are prevented from returning, to a special care unit or the custody of the F163[Child and Family Agency], or

(iv) who are missing or otherwise absent, without the consent or knowledge of the F163[Child and Family Agency], from the special care unit or place to which children are released in accordance with sections 23NF and 23NG.]

Annotations

Amendments:

F162
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017, subject to transitional provisions in s. 48.

F163
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.

F164
Substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45/2015), s. 4, S.I. No. 636 of 2017.

F165[

Offences.

23NP.—(1) Without prejudice to the law relating to contempt of court, where the High Court—

(a) makes an order under section 23H(3)(a),

(b) makes an order under section 23L(4)(a), or

and the person who has actual custody of the child has been given or shown a copy of the order referred to in paragraph (a), (b) or (c) and has been required, by or on behalf of the F166[Child and Family Agency], to give up that child to the F166[Child and Family Agency], and that person fails or refuses to comply with the order, that person shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(2) Without prejudice as to the law as to contempt of court, where a special care order or an interim special care order has been made in respect of a child, a person who—

(a) without lawful authority, removes that child from—

(i) a special care unit,

(ii) the custody of the F166[Child and Family Agency], any person who is taking care of the child on behalf of the F166[Child and Family Agency] or a person referred to in section 23B(4), or

(iii) the place to which he or she has been released under section 23NF or 23NG,

(b) prevents the child, where that child is released from the special care unit in accordance with section 23NF or 23NG, from returning to—

(i) the special care unit, or

(ii) the custody of the F166[Child and Family Agency] or a person referred to in paragraph (a)(ii),

shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

(3) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order referred to in paragraph (a), (b) or (c) of subsection (1) if that person was present at the sitting of the High Court at which that order was made.]

Annotations

Amendments:

F165
Part IVA (ss. 23A-23NP) substituted and inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017), subject to transitional provisions in s. 48. A class B fine means a fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.

F166
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.

PART VIII

Children’s Residential Centres

Definitions for Part VIII

59.—In this Part—

“children’s residential centre” means any home or other institution for the residential care of children F349[in the care of F350[the Child and Family Agency]] or other children who are not receiving adequate care and protection excluding—

(a) an institution managed by or on behalf of a Minister of the Government or F350[the Child and Family Agency],

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

(d) a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

(e) an institution which is a “certified school” within the meaning of Part IV of the Children Act, 1908, functions in relation to which stand vested in the Minister for Education;

“centre” means a children’s residential centre;

F352[“register” means a register of children’s residential centres that is established or deemed to have been established by the Child and Family Agency under section 61, and cognate words shall be construed accordingly;]

“registered proprietor”, in relation to a registered children’s residential centre, means the person whose name is entered in the register as the person carrying on the centre;

“the regulations” means the regulations under section 63.

Annotations

Amendments:

F349
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 6(a), S.I. No. 887 of 2005.

F350
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 16(a), S.I. No. 502 of 2013.

F351
Deleted (1.05.2002) by Children Act 2001 (24/2001), s. 267(1), S.I. No. 151 of 2002.

F352
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 16(b), S.I. No. 502 of 2013.

F353
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C51
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

59.—F353[…]

Editorial Notes:

E180
Previous affecting provision: definition of “children’s residential centre” amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 61(a), S.I. No. 887 of 2005; superseded as per F-note above.

Prohibition of unregistered children’s residential centres.

60.—(1) A person shall not carry on a children’s residential centre unless the centre is registered and the person is the registered proprietor thereof.

(2) A person shall not be in charge of a centre unless the centre is registered.

(3) Any person who contravenes a provision of this section shall be guilty of an offence.

Annotations

Amendments:

F354
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C52
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

60.—F354[…]

Registration of children’s residential centres.

61.—F355[(1) The Child and Family Agency shall establish and maintain a register of children’s residential services.]

F355[(1A) For the purpose of subsection (1), each register of children’s residential centres established by the Health Service Executive before the establishment day of the Child and Family Agency shall be deemed to have been established by the Child and Family Agency and shall be maintained by the Agency.]

(2) (a) There shall be entered in a register in respect of each centre registered therein the name of the person by whom it is carried on, the name of the person who is in charge of it, the address of the premises in which it is carried on, a statement of the number of children who can be accommodated in the centre, the date on which the registration is to take effect (referred to subsequently in this section as “the date of registration”) and such other (if any) particulars as may be prescribed.

(b) A register maintained under this section shall be made available for inspection free of charge by members of the public at all reasonable times.

(3) (a) F356[The F357[Child and Family Agency]] may, on application to it in that behalf by a person who proposes to carry on a centre F358[…], register or refuse to register the centre.

(b) Subject to the provisions of this section, the period of a registration shall be 3 years from the date of registration.

F359[(c) An application for registration made to the Health Service Executive before the establishment of the Child and Family Agency shall be deemed to have been made to the Child and Family Agency if the Health Service Executive has not, before the establishment day of the Agency, registered or refused to register the centre in relation to which the application was made.]

(4) F360[The F357[Child and Family Agency]] may remove a centre from the register.

(5) F361[The F357[Child and Family Agency]] shall not—

(a) refuse to register a centre in relation to which an application for its registration has been duly made, or

(b) remove a centre from the register,

unless—

(i) it is of opinion that—

(I) the premises to which the application or, as the case may be, the registration relates do not comply with the regulations, or

(II) the carrying on of the centre will not be or is not in compliance with the regulations, or

(ii) the applicant or the registered proprietor, as the case may be, or the person in charge or, as the case may be, proposed to be in charge of the centre has been convicted of an offence under this Part or of any other offence that is such as to render the person unfit to carry on or, as the case may be, to be in charge of the centre, or

(iii) the applicant or the registered proprietor, as the case may be, has failed or refused to furnish the F357[Child and Family Agency] with information requested by it pursuant to subsection (8) or has furnished the F357[Child and Family Agency] with information that is false or misleading in a material particular, or

(iv) the registered proprietor has, not more than one year before the date from which the registration or removal from the register would take effect, contravened a condition under subsection (6).

(6) (a) F362[The F357[Child and Family Agency]] may—

(i) at the time of registration or subsequently attach to the registration conditions in relation to the carrying on of the centre concerned and such other matters as it considers appropriate having regard to its functions under this Part,

(ii) attach different conditions to the registration of different centres, and

(iii) amend or revoke a condition of registration.

(b) Conditions imposed under this subsection or amendments and revocations under this subsection shall be notified in writing to the registered proprietor of the centre concerned.

F363[(6A) Conditions imposed, amended or revoked by a health board before the amendment of this subsection by the F364[Child and Family Agency Act 2013] shall be deemed to have been imposed, amended or revoked by the F364[Child and Family Agency].]

(7) An application for registration shall be in the prescribed form or in a form to the like effect.

(8) (a) F365[The F357[Child and Family Agency]] may request an applicant for registration or, as the case may be, a registered proprietor to furnish it with such information as it considers necessary for the purposes of its functions under this Part.

(b) A person who, whether in pursuance of a request or otherwise, furnishes information to F366[the F357[Child and Family Agency]] for the purposes of this Part that is false or misleading in a material particular shall be guilty of an offence unless he shows that, at the time the information was furnished F366[to the F367[Agency]], he was not aware that it was false or misleading in a material particular.

(9) The registered proprietor of a centre who proposes to carry on the centre immediately after the expiration of the period of registration of the centre may apply under subsection (3) to the F357[Child and Family Agency] not less than 2 months before such expiration for the registration of the centre and, F368[if the F367[Agency]] does not notify him before such expiration that it proposes to refuse to register the centre, it shall register the centre and its date of registration shall be the day following the day of such expiration.

(10) (a) Where a registered children’s residential centre commences to be carried on by a person other than the registered proprietor—

(i) the centre shall thereupon cease to be registered,

(ii) the person shall (if he has not done so before such commencement) apply not later than 4 weeks after it to F369[the F357[Child and Family Agency]] for the registration of the centre, and, if the application is granted, the date of registration of the centre shall be that of the day following the day of the cesser aforesaid,

(iii) if the application aforesaid is duly made, and is not refused then, during the period from the commencement aforesaid until the centre is registered, it shall be deemed, for the purposes of section 60 to be registered and there shall be deemed to be attached to the registration any conditions attached to the previous registration.

(b) A person who contravenes paragraph (a) (ii) shall be guilty of an offence.

(11) (a) Where F370[the F357[Child and Family Agency]] proposes to refuse to register a children’s residential centre, to remove a centre from the register, to attach a condition to, or amend or revoke a condition attached to, a registration, it shall notify in writing the applicant or the registered proprietor, as the case may be, of its proposal and of the reasons for it.

(b) A person who has been notified of a proposal under paragraph (a) may, within 21 days of the receipt of the notification, make representations in writing to the F357[Child and Family Agency]F371[ and the F367[Agency]] shall—

(i) before deciding the matter, take into consideration any representations duly made to it under this paragraph in relation to the proposal, and

(ii) notify the person in writing of its decision and of the reasons for it.

(12) A notification of a proposal of F372[the F357[Child and Family Agency]] under subsection (11) shall include a statement that the person concerned may make representations to F372[the F357[Child and Family Agency]] within 21 days of the receipt by him of the notification and a notification of a decision of F372[the F357[Child and Family Agency]] under subsection (11) shall include a statement that the person concerned may appeal to the District Court under section 62 against the decision within 21 days from the receipt by him of the notification.

(13) Where, in relation to a children’s residential centre, there is a contravention of a condition of registration, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

Annotations

Amendments:

F355
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 17(a), S.I. No. 502 of 2013.

F356
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(b), S.I. No. 887 of 2005.

F357
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.

F358
Deleted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(b), S.I. No. 887 of 2005.

F359
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 17(b), S.I. No. 502 of 2013.

F360
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 62(d), S.I. No. 887 of 2005.

F361
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(e), S.I. No. 887 of 2005.

F362
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(f), S.I. No. 887 of 2005.

F363
Inserted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(g), S.I. No. 887 of 2005.

F364
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 17(c), S.I. No. 502 of 2013.

F365
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(h), S.I. No. 887 of 2005.

F366
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(i), S.I. No. 887 of 2005.

F367
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.

F368
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(j), S.I. No. 887 of 2005.

F369
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(k), S.I. No. 887 of 2005.

F370
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(l), S.I. No. 887 of 2005.

F371
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(m), S.I. No. 887 of 2005.

F372
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(n), S.I. No. 887 of 2005.

F373
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C53
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Registration of children’s residential centres.

61.—F373[…]

Editorial Notes:

E181
Power pursuant to section exercised (31.12.1996) by Child Care (Standards in Children’s Residential Centres) Regulations 1996 (S.I. No. 397 of 1996).

E182
Previous affecting provision: subs. (3)(c) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62(c), S.I. No. 887 of 2005; substituted as per F-note above.

E183
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 62, S.I. No. 887 of 2004; substituted as per F-note above.

Appeals.

62.—(1) A person, being the registered proprietor or, as the case may be, the person intending to be the registered proprietor, of a children’s residential centre, may appeal to the District Court against a decision of F374[the F375[Child and Family Agency]] to refuse to register the centre, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached, to the registration of the centre and such an appeal shall be brought within 21 days of the receipt by the person of the notification of the decision under section 61 and that court may, as it thinks proper, confirm the decision or direct F374[the F375[Child and Family Agency]], as may be appropriate, to register, or to restore the registration of, the centre, to withdraw the condition or the amendment to or revocation of a condition, to attach a specified condition to the registration or to make a specified amendment to a condition of the registration.

(2) The jurisdiction conferred on the District Court by this section shall be exercised by the justice of the District Court for the time being assigned to the district court district in which the centre concerned is situated.

(3) A decision of the District Court under this section on a question of fact shall be final.

(4) Where a notification of a decision specified in subsection (1) (other than a decision to refuse to register a centre which was not registered or deemed to be registered at the time of the relevant application for registration) is given under section 61, then—

(a) during such period from such notification (not being less than 21 days) as the F375[Child and Family Agency] considers reasonable and specifies in the notification, the centre shall be treated as if the decision had not been made and, if the decision was to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if it had been registered and the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a), and

(b) if an appeal against the decision is brought under this section, during—

(i) the period from the end of the period aforesaid until the determination or withdrawal of the appeal or any appeal therefrom or from any such appeal, and

(ii) such further period (if any) as the court concerned considers reasonable and specifies in its decision, the centre shall—

(I) be treated for the purposes of section 61 as if the appeal had been upheld, and

(II) if the appeal was against a decision of the F375[Child and Family Agency] to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a).

(5) The F375[Child and Family Agency] shall be given notice of an appeal under this section and shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

Annotations

Amendments:

F374
Substituted by (1.01.2005) Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 63(a), S.I. No. 887 of 2005.

F375
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.

F376
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C54
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Appeals.

62.—F376[…]

Editorial Notes:

E184
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 63, S.I. No. 887 of 2004; substituted as per F-note above.

Regulations in relation to children’s residential centres.

63.—(1) The Minister shall, for the purpose of ensuring proper standards in relation to children’s residential centres, including adequate and suitable accommodation, food and care for children while being maintained in centres, and the proper conduct of centres, make such regulations as he thinks appropriate in relation to centres.

(2) Without prejudice to the generality of subsection (1), 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 F377[employees of the F378[Child and Family Agency]],

(g) provide for the inspection of premises in which centres are being carried on or are proposed to be carried on or that are reasonably believed by F379[the F378[Child and Family Agency]] to be premises in which a centre is being carried on and otherwise for the enforcement and execution of the regulations by F379[the F380[Agency] and its employees].

(3) (a) Where, in relation to a centre, there is a failure or refusal to comply with a provision of the regulations, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

(b) A person who fails or refuses to comply with a provision of the regulations shall be guilty of an offence.

(4) (a) Where a person is convicted of an offence under this section, the Circuit Court may, on the application of the F378[Child and Family Agency], brought not more than six months after the conviction or, in the case of an appeal against the conviction, the final determination of it or of any further appeal (if it is a determination affirming the conviction) or the withdrawal of any such appeal therefrom, by order declare that the person shall be disqualified during such period as may be specified in the order from carrying on, being in charge, or concerned with the management, of the centre to which the conviction related or, at the discretion of that Court, any centre.

(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, be in charge, or concerned with the management, of the centre specified in the order or, if the order so specifies, of any centre.

(d) Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he shall be entitled to appear, be heard and adduce evidence on the hearing of the application.

(e) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the premises concerned are situated.

(5) A person who wilfully obstructs or interferes with F381[the F378[Child and Family Agency] or any of its employees] in the performance of functions under the regulations or who fails or refuses to comply with a requirement of F381[the F378[Child and Family Agency] or any of its employees] under such regulations shall be guilty of an offence.

Annotations

Amendments:

F377
Substituted (1.01.2005) by Health Act 2004 (24/2004), s. 75 and sch. 7 part 6 item 64(a), S.I. No. 887 of 2004.

F378
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.

F379
Substituted (1.01.2005) by Health Act 2004 (24/2004), s. 75 and sch. 7 part 6 item 64(b), S.I. No. 887 of 2004.

F380
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.

F381
Substituted (1.01.2005) by Health Act 2004 (24/2004), s. 75 and sch. 7 part 6 item 64(d), S.I. No. 887 of 2004.

F382
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C55
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

63.—F382[…]

Editorial Notes:

E185
Power pursuant to section exercised (31.12.1996) by Child Care (Standards in Children’s Residential Centres) Regulations 1996 (S.I. No. 397 of 1996).

E186
Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 64, S.I. No. 887 of 2004; substituted as per F-note above.

Offences under Part VIII.

64.—A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

Annotations

Amendments:

F383
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C56
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

64.—F383[…]

Editorial Notes:

E187
A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 2, S.I. No. 662 of 2010.

Discontinuance of centre.

65.—(1) Where the registered proprietor of a children’s residential centre intends to cease to carry on the centre, he shall give six months’ notice in writing to the F384[Child and Family Agency] and at the expiration of six months from the date of the notice (unless before that time the notice is withdrawn or the period of registration has expired) the centre shall cease to be registered under this Part.

(2) F385[The F384[Child and Family Agency]] may, if it so thinks fit, accept a shorter period of notice for the purposes of subsection (1) and the provisions of that subsection shall apply with the necessary modifications.

F386[(3) A notice given to the Health Service Executive before the establishment day of the Child and Family Agency in accordance with subsection (1) shall be deemed to have been given to the Child and Family Agency.]

Annotations

Amendments:

F384
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.

F385
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 65(b), S.I. No. 887 of 2005.

F386
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 4 item 18, S.I. No. 502 of 2013.

F387
Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

Modifications (not altering text):

C57
Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 part 1, not commenced as of date of revision.

65.—F387[…]

Editorial Notes:

E188
Previous affecting provision: subss. (1), (2) amended and (3) inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 65, S.I. No. 887 of 2005; substituted as per F-note above.

Superannuation of certain staff.

66.—F388[(1) An employee of a children’s residential centre to which this section applies shall, for the purposes of sections 23, 60(6) and 61 of the Health Act 2004, be deemed to be employed by the F389[Child and Family Agency].]

(2) In this section, “employee” means a person employed by a children’s residential centre who is the holder in a wholetime capacity of a position, the establishment, remuneration and conditions of service of which have been approved by the F389[Child and Family Agency], with the consent of the Minister.

(3) This section applies to a children’s residential centre which—

(a) is not directly operated or administered by F390[the F389[Child and Family Agency]],

(b) is funded by F390[the F389[Child and Family Agency]], and

Annotations

Amendments:

F388
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 66(a), (b), S.I. No. 887 of 2004.

F389
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.

F390
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 66(c), S.I. No. 887 of 2005.

Editorial Notes:

E189
Power pursuant to section exercised (20.12.2004) by Child Care Act, 1991 (Children’s Residential Centres) (Superannuation) Order 2004 (S.I. No. 863 of 2004).

E190
Power pursuant to section exercised (1.06.1992) by Child Care Act 1991 (Children’s Residential Centres) (Superannuation) (No. 2) Order 1992 (S.I. No. 125 of 1992).

E191
Power pursuant to section exercised (26.05.1992) by Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 1992 (S.I. No. 124 of 1992).

E192
Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board in the area in which the centre is situated” in subs. (2) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 66(b), S.I. No. 887 of 2004; substituted as per F-note above.

Transitional provisions.

67.—(1) On the commencement of this Part, every institution which, immediately before such commencement, was an industrial school certified in accordance with Part IV of the Children Act, 1908, functions in relation to which stood vested in the Minister, shall cease to be so certified and shall be deemed to be registered under this Part as a children’s residential centre.

(2) On the commencement of this Part, every school which, immediately before such commencement, was a school approved (or deemed to be approved) for the purposes of section 55 of the Health Act, 1953 shall be deemed to be registered under this Part as a children’s residential centre.

S.I. No. 259 of 1995.

CHILD CARE (PLACEMENT OF CHILDREN IN RESIDENTIAL CARE) REGULATIONS, 1995.

In exercise of the powers conferred on the Minister for Health by sections 38 , 40 , 42 , 43 and 68 of the Child Care Act, 1991 (No. 17 of 1991), which said powers are delegated to me by the Health (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 130 of 1995 ), I, AUSTIN CURRIE, Minister of State at the Department of Health, hereby make the following Regulations:—

PART I PRELIMINARY PROVISIONS

1 Citation.

1. These Regulations may be cited as the Child Care (Placement of Children in Residential Care) Regulations, 1995.

2 Commencement.

2. These Regulations shall come into operation on the 31st day of October, 1995.

3 Definitions.

3. In these Regulations—

“the Act” means the Child Care Act, 1991 ;

“the Minister” means the Minister for Health;

“authorised person” means a person authorised by a health board to carry out functions on behalf of the board under these Regulations;

“manager”, in relation to a residential centre, means the person in charge of or having control over that centre;

“residential centre” means any home or other institution whether operated by a health board, a voluntary body or other person which provides residential care for children in the care of a health board 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,

( c ) an institution for the care and maintenance of physically or mentally handicapped children,

( d ) a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

( e ) an institution which is a “certified school” within the meaning of Part IV of the Children Act, 1908, functions in relation to which stand vested in the Minister for Education,

and “residential care” shall be construed accordingly;

“relevant residential centre”, in relation to a health board, means a residential centre in which that board has placed or proposes to place a child, whether such centre is situated within or outside its functional area.

PART II PROMOTION OF WELFARE OF CHILD

4 Welfare of child.

4. In any matter relating to—

( a ) the placing of a child in residential care,

( b ) the review of the case of a child in residential care,

( c ) the removal of a child from residential care in accordance with these Regulations,

a health board shall, 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 or her age and understanding, to the wishes of the child.

PART III STANDARDS IN RESIDENTIAL CENTRES

5 Care practices and operational policies.

5. A health board shall satisfy itself in respect of each relevant residential centre that appropriate and suitable care practices and operational policies are in place, having regard to the number of children residing in the centre and the nature of their needs.

6 Staffing.

6. A health board shall satisfy itself in respect of each relevant residential centre as to the adequacy of the number, qualifications, experience and availability of members of the staff, having regard to the number of children residing in the centre and the nature of their needs.

7 Accommodation.

7. A health board shall satisfy itself in respect of each relevant residential centre that adequate and suitable accommodation is provided, having regard to the number of children residing in the centre and the nature of their needs, and, in particular, that—

( a ) adequate and suitable furniture, bedding and furnishings are provided,

( b ) a sufficient number of lavatories, wash basins, baths and showers, supplied with hot and cold running water, and which ensure privacy as far as is practicable, are provided,

( c ) adequate laundry facilities are provided,

( d ) the premises are adequately lit, heated and ventilated,

( e ) the premises are clean, appropriately decorated and maintained in good structural condition, and

( f ) adequate recreational facilities are provided.

8 Access arrangements.

8. A health board shall satisfy itself in respect of each relevant residential centre that appropriate arrangements are in place to facilitate reasonable access and contact between children residing in the centre and their parents, relatives, friends, or any other persons who, in the opinion of the board, have a bona fide interest in the children.

9 Health care.

9. A health board shall satisfy itself in respect of each relevant residential centre that adequate arrangements are in place for access by children residing in the centre to general practitioner services and for their referral to medical, psychological, dental, ophthalmic or other specialist services as required.

10 Religion.

10. A health board shall satisfy itself that children placed in a relevant residential centre are facilitated, in so far as is reasonably practicable, in the practice of their religion.

11 Provision of food and cooking facilities.

11. (1) A health board shall satisfy itself in respect of each relevant residential centre that children residing in the centre are provided with food in quantities adequate for their needs which is properly prepared, wholesome and nutritious, involves an element of choice and takes account of any special dietary requirements.

(2) For the purposes of this article a health board shall satisfy itself that—

( a ) suitable and sufficient catering equipment, crockery and cutlery are provided,

( b ) there are proper facilities for the refrigeration and storage of food, and

( c ) a high standard of hygiene is maintained in relation to the storage and preparation of food and the disposal of domestic refuse.

12 Fire precautions.

12. (1) A health board shall obtain in respect of each relevant residential centre written confirmation from a chartered engineer or a properly and suitably qualified architect with experience in fire safety design and management that the relevant statutory requirements relating to fire safety and building control have been complied with and that—

( a ) adequate precautions have been taken against the risk of fire, including the provision of adequate means of escape in the event of fire,

( b ) adequate arrangements are in place for detecting, containing and extinguishing fires, and for the maintenance of fire fighting equipment, and

( c ) all reasonable measures have been taken to ensure that materials contained in bedding and the internal furnishings of the residential centre have adequate fire retardancy properties and have low levels of toxicity in the event of a fire.

(2) Where structural alterations to a relevant residential centre are carried out, a health board may, if it sees fit, seek a new written confirmation and the provisions of sub-article (1) of this article shall apply with any necessary modifications.

(3) A health board shall satisfy itself in respect of each relevant residential centre that adequate arrangements are in place, by means of fire drills and practices, to ensure that the staff of the centre and, in so far as is practicable, the children residing in the centre know the evacuation and other procedures to be followed in the event of a fire.

(4) The provisions of this article are without prejudice to the provisions of the Fire Services Act, 1981 .

13 Safety precautions.

13. (1) A health board shall satisfy itself in respect of each relevant residential centre that adequate arrangements exist to guard against the risk of injury occurring on the premises, particularly with regard to stairways, electrical and gas appliances and fittings, windows and doors, glazing and the storage of medicines, cleaning and other materials.

(2) A health board shall satisfy itself in respect of each relevant residential centre that adequate arrangements are in place for the reporting and recording of accidents and injuries affecting children residing in the centre.

(3) The provisions of this article are without prejudice to the provisions of the Health, Safety and Welfare at Work Act, 1989.

14 Insurance.

14. A health board shall satisfy itself in respect of each relevant residential centre that the centre is adequately insured against accidents or injury to children placed in the centre by the board.

15 Notification of significant events.

15. A health board shall satisfy itself in respect of each relevant residential centre that procedures are in place for the prompt notification by the centre to the board of any significant event affecting a child who has been placed in the centre by the board.

16 Records.

16. A health board shall satisfy itself in respect of each relevant residential centre that appropriate records are maintained by the centre and that such records are open to inspection by an authorised person.

17 Monitoring of standards.

17. (1) A health board, for the purpose of satisfying itself that the requirements of articles 5 to 16 of these Regulations are being complied with in respect of a relevant residential centre, shall ensure that—

( a ) adequate arrangements are in place to enable an authorised person to enter and inspect the centre at all reasonable times, and

( b ) the centre is visited from time to time by an authorised person.

(2) Where, following a visit to a residential centre in accordance with sub-article (1) of this article, a health board is of opinion that any of the requirements of articles 5 to 16 of these Regulations are not being complied with in respect of the centre, the board shall, if it proposes to continue to have children maintained in that centre, request the manager to take the necessary steps to ensure compliance with these Regulations.

18 Arrangements with other health boards.

18. A health board may, with respect to a relevant residential centre, arrange for the functions assigned to it under articles 5 to 16 of these Regulations in relation to the centre to be performed by another health board on its behalf.

19 Transitional provision.

19. Where, on the commencement of these Regulations, a child in the care of a health board is being maintained in a residential centre, the board shall, if it proposes to continue to have that child maintained in that centre or to place other children there, satisfy itself that the provisions of articles 5 and 16 of these Regulations are complied with as soon as reasonably practicable, but in any event within a period not exceeding one year from the date of commencement of these Regulations.

PART IV MONITORING OF PLACEMENTS

20 Medical examination.

20. Whenever a health board places a child in a residential centre, the board shall arrange for the examination of the child by a registered medical practitioner unless the board is satisfied, having regard to available information and reports on the child, that such examination is unnecessary.

21 Maintenance of register.

21. (1) A health board shall establish and keep one or more registers in which shall be entered particulars in relation to children placed in residential care by the board.

(2) An entry in the register with respect to a child in residential care shall include such of the following particulars as are available to the health board—

( a ) the name, sex and date of birth of the child,

( b ) the names and address of the parents of the child,

( c ) the name and address of the residential centre in which the child has been placed,

( d ) the date of placement in that centre, and

( e ) the date on which the child ceases to reside in that centre.

(3) Every change in the particulars entered in the register with respect to a child shall be recorded in the register.

(4) A register under this article may be kept by means of a record that is not in a legible form but which is capable of being reproduced in a legible form.

(5) Every register kept by a health board under this article shall be preserved in perpetuity.

22 Case records.

22. (1) A health board shall compile a case record of every child placed in residential care by it and the said record shall be kept up to date.

(2) A case record of a child kept by a health board in accordance with this article shall include such of the following documents as are available to the board—

( a ) medical and social reports on the child, including background information on the child’s family,

( b ) a copy of any court order relating to the child or of parental consent to the child’s admission to the care of the board, as appropriate,

( c ) the birth certificate of the child,

( d ) reports on the child’s progress at school, where applicable,

( e ) a copy of the plan for the care of the child prepared by the health board under article 23 of these Regulations,

( f ) a note of every visit to the child in accordance with article 24 of these Regulations,

( g ) a note of every review of the child’s case pursuant to article 25, 26 or 27 of these Regulations, together with particulars of any action taken as a result of such review,

( h ) a note of every significant event affecting the child.

(3) Every case record compiled by a health board under this article shall be preserved in perpetuity.

23 Care plan.

23. (1) Subject to sub-article (2) of this article, a health board shall, before placing a child in a residential centre, prepare a plan for the care of the child and the said plan shall, among other matters, deal with—

( a ) the aims and objectives of the placement,

( b ) the support to be provided to the child, the residential centre concerned and, where appropriate, the parents of the child by the health board,

( c ) the arrangements for access to the child by a parent, relative or other named person, subject to any order as to access by a court, and

( d ) the arrangements for the review of the plan.

(2) Where it is not practicable for a health board to prepare a plan before a child is placed in a residential centre, such plan shall be prepared as soon as practicable.

(3) In preparing a plan under this article, a health board shall consult the manager and, in so far as is practicable, the child and every person who in law is a guardian of the child.

(4) Particulars of a plan prepared by a health board under this article shall be made known by the board to the manager and, in so far as is practicable, to the child and every person who in law is a guardian of the child.

24 Supervision and visiting of children.

24. (1) A child who has been placed in a residential centre by a health board shall be visited by an authorised person as often as the board considers necessary, having regard to the plan for the care of the child prepared under article 23 of these Regulations and any review of such plan carried out in accordance with article 25, 26 or 27 of these Regulations, but in any event—

( a ) at intervals not exceeding three months during the period of two years commencing on the date on which the child was placed in the residential centre, the first visit being within one month of that date, and

( b ) thereafter at intervals not exceeding six months.

(2) A child who was placed in a residential centre by a health board not earlier than two years before the commencement of these Regulations shall be visited at intervals not exceeding three months until the second anniversary of the date of the placement and thereafter at intervals not exceeding six months.

(3) A child who was placed in a residential centre by a health board earlier than two years before the commencement of these Regulations shall be visited at intervals not exceeding six months.

(4) Where, following a visit to a child in a residential centre, a health board is of opinion that any matter relating to the child’s placement is not in compliance with these Regulations, the board shall take appropriate action to ensure compliance with these Regulations.

(5) A note of every visit to a child in accordance with this article shall be entered in the case record relating to the child, together with particulars of any action taken as a result of such visit.

PART V REVIEWS

25 Review of cases.

25. (1) A health board shall arrange for the case of each child who has been placed in a residential centre by the board and, in particular, the plan for the care of the child prepared under article 23 of these Regulations to be reviewed by an authorised person as often as may be necessary in the particular circumstances of the case, but in any event—

( a ) at intervals not exceeding six months during the period of two years commencing on the date on which the child was placed in the residential centre, the first review to be carried out within two months of that date, and

( b ) thereafter not less than once in each calendar year.

(2) The case of a child who was placed in a residential centre by a health board not earlier than two years before the commencement of these Regulations shall be reviewed at intervals not exceeding six months until the second anniversary of the date of the placement and thereafter not less than once in each calendar year.

(3) The case of a child who was placed in a residential centre by a health board earlier than two years before the commencement of these Regulations shall be reviewed not less than once in each calendar year.

(4) Where a health board initiates a review of the case of a child in a residential centre, the board shall inform the manager and, in so far as is practicable, the child and every person who in law is a guardian of the child and afford them an opportunity to be heard in person on the review or otherwise to be consulted in relation to the review.

(5) In reviewing the case of a child in a residential centre, a health board shall, having regard to—

( a ) any views or information furnished by the child, the parents of the child, the manager and any other person whom the board has consulted in relation to the review,

( b ) a report from the residential centre in which the child is residing,

( c ) a report of a visit to the child in accordance with article 24 of these Regulations,

( d ) in the case of a child attending school, the latest available school report relating to the child, and

( e ) any other information which in the opinion of the board is relevant to the case of the child,

consider—

(i) whether all reasonable measures are being taken to promote the welfare of the child,

(ii) whether the care being provided for the child continues to be suitable to the child’s needs,

(iii) whether the circumstances of the parents of the child have changed,

(iv) whether it would be in the best interests of the child to be given into the custody of his or her parents, and

(v) in the case of a child who is due to leave the care of the health board within the following two years, the child’s need for assistance in accordance with the provisions of section 45 of the Act.

(6) Decisions taken by a health board as a result of a review under this article shall be made known by the board to the manager and, where practicable, to the child, every person who in law is a guardian of the child and any other person who the board considers ought to be informed.

(7) A note of every review under this article shall be entered in the case record relating to the child, together with particulars of any action taken as a result of such review.

26 Special review.

26. (1) Any person having a bona fide interest in the case of a child placed in a residential centre by a health board may make a request in writing to the board to carry out a review of the case of the child and the board shall accede to such request unless it considers, having regard to the available information and reports on the child, that a review is unnecessary.

(2) Where a health board declines to accede to a request to review the case of a child in a residential centre, the board shall inform in writing the person who made the request of its decision and the reason thereof.

(3) The relevant provisions of article 25 of these Regulations shall apply to a review carried out by a health board under this article with any necessary modifications.

27 Frequent admissions to care.

27. Where a child is placed in residential care by a health board on more than one occasion in a period of twelve consecutive months but the duration of the placements does not allow for a review of the case of the child in accordance with article 25 of these Regulations, the board shall carry out a review of the case of the child concerned and the relevant provisions of the said article 25 shall apply to such review with any necessary modifications.

28 Removal of child from residential centre.

28. (1) Where a health board which has placed a child in a residential centre—

( a ) proposes to reunite the child with a parent, or

( b ) considers that the continued placement of the child in that centre is no longer the most appropriate way of performing its duty to provide care for the child under section 36 of the Act,

the board shall inform the manager of its intention to remove the child from the centre and the reason thereof.

(2) In any case where the manager objects to the proposed removal of a child from the centre in accordance with sub-article (1) of this article, the health board shall afford the manager an opportunity to make representations to the board in the matter and if, having considered any such representations, the board decides to proceed with the removal, the board shall give notice in writing to the manager of its decision and the reason thereof and shall request the manager to deliver up the child on such date and at such time and place as may be specified by the board.

(3) Where a manager refuses or neglects to comply with a request of a health board to deliver up a child in accordance with sub-article (2) of this article, the board may apply to the District Court for an order under section 43 (2) of the Act.

(4) This article is without prejudice to the power of a health board to apply for an order under Part III or IV of the Act.

PART VI MISCELLANEOUS PROVISIONS

29 Support services.

29. A health board shall make available to a residential centre such support services as the board considers necessary to enable the centre to take care of children placed in the centre by the board.

30 Arrangements with voluntary bodies and other persons.

30. A health board may, in accordance with section 9 of the Act, make arrangements with voluntary bodies or other persons to assist the board in the performance of its functions under these Regulations provided the board is satisfied that those bodies or other persons are competent and qualified by their training and experience to undertake such work.

31 Inspections on behalf of Minister.

31. A person authorised in that behalf by the Minister under section 69 of the Act may inspect the practices and procedures operated by a health board in relation to the provision of residential care services and may, in particular—

( a ) enter any residential centre maintained by the board under the Act and make such examination into the state and management of the centre and the treatment of the children therein as the authorised person thinks fit, and

( b ) examine such records (including any register and case record kept by the board under articles 21 and 22 of these Regulations) and interview such members of the staff of the board who are involved in residential care services as the authorised person thinks fit.

32 Functions of chief executive officer.

32. The functions of a health board under these Regulations shall be functions of the chief executive officer of the board or any person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970 .

Dated this 1st day of October, 1995.

AUSTIN CURRIE,

Minister of State at the Department of Health.

EXPLANATORY NOTE.

These regulations prescribe various requirements to be complied with by health boards in relation to the placing of children in residential care, the conduct of residential centres for children provided by boards, the supervision, visiting and review of children placed in residential centres and the removal of children from such placements, in accordance with the relevant provisions of the Child Care Act, 1991 .

S.I. No. 397 of 1996.

CHILD CARE (STANDARDS IN CHILDREN’S RESIDENTIAL CENTRES) REGULATIONS, 1996.

In exercise of the powers conferred on the Minister for Health by sections 61, 63 and 68 of the Child Care Act, 1991 (No. 17 of 1991), which said powers are delegated to me by the Health (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 130 of 1995 ), I, AUSTIN CURRIE, Minister of State at the Department of Health, hereby make the following Regulations:—

Part I Preliminary Provisions

1 Citation

1. These Regulations may be cited as the Child Care (Standards in Children’s Residential Centres) Regulations, 1996.

2 Commencement

2. These Regulations shall come into operation on the 31st day of December, 1996.

3 Definitions

3. In these Regulations —

“designated person” means a person authorised by the chief executive officer or the deputy chief executive officer of a health board to carry out functions under these regulations;

“children’s residential centre” means any home or other institution for the residential care of children in the care of health boards or other children who are not receiving adequate care and protection excluding—

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

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

( c ) an institution for the care and maintenance of physically or mentally handicapped children,

( d ) a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

( e ) an institution which is a “certified school” within the meaning of Part IV of the Children Act, 1908, functions in relation to which stand vested in the Minister for Education;

“centre” means a children’s residential centre;

“medical practitioner” means a person registered in the general register of medical practitioners established under section 26 of the Medical Practitioners Act, 1978 (No. 4 of 1978);

“person in charge”, in relation to a registered children’s residential centre, means the person whose name is entered in the register as the person in charge of the centre;

“register” means a register of children’s residential centres established under section 61 of the Child Care Act, 1991 and, in relation to a particular health board, means the register established by that board and cognate words shall be construed accordingly;

“registered proprietor”, in relation to a registered children’s residential centre, means the person whose name is entered in the register as the person carrying on the centre;

“relevant health board” means a health board within whose functional area a children’s residential centre is located.

Part II Application for Registration

4 ..

4. An application for registration pursuant to Part VIII of the Child Care Act, 1991 shall be in the form set out in the Schedule to these Regulations, or in a form to the like effect.

Part III Standards in Residential Centres

5 Care Practices and Operational Policies

5. The registered proprietor and person in charge of a centre shall satisfy the relevant health board that appropriate and suitable care practices and operational policies are in place, having regard to the number of children residing in the centre and the nature of their needs.

6 Person in Charge

6. (1) There shall be a person in charge of a centre.

(2) The registered proprietor shall notify the health board in writing if the person in charge on the date of registration ceases to be the person in charge during the period of registration and shall notify the health board in writing of the name of the new person in charge, within one month of the appointment.

7 Staffing

7. The registered proprietor and person in charge of a centre shall satisfy the relevant health board that the number, qualifications, experience and availability of members of the staff of the centre are adequate having regard to the number of children residing in the centre and the nature of their needs.

8 Accommodation

8. The registered proprietor and person in charge of a centre shall satisfy the relevant health board that adequate and suitable accommodation is provided, having regard to the number of children residing in the centre and the nature of their needs and, in particular, that —

( a ) adequate and suitable furniture, bedding and furnishings are provided,

( b ) a sufficient number of lavatories, wash basins, baths and showers, supplied with hot and cold running water, and which ensure privacy as far as is practicable, are provided,

( c ) adequate laundering facilities are provided,

( d ) the premises are adequately lit, heated and ventilated,

( e ) the premises are clean, appropriately decorated and maintained in good structural condition, and

( f ) adequate recreational facilities are provided.

9 Access Arrangements

9. The registered proprietor and person in charge of a centre shall satisfy the relevant health board that appropriate arrangements are in place to facilitate reasonable access to children residing in the centre by parents, relatives, friends, or any other persons who, in the opinion of the person in charge of a centre, have a bona fide interest in the children.

10 Health Care

10. The registered proprietor and person in charge of a centre shall satisfy the relevant health board that adequate arrangements are in place for access by children being maintained in the centre to general practitioner services and for their referral to medical, psychological, dental, ophthalmic or other specialist services as required.

11 Religion

11. The registered proprietor and person in charge of a centre shall satisfy the relevant health board that appropriate arrangements are in place to enable children residing in the centre, in so far as is reasonably practicable, to practice their religion.

12 Provision of food and cooking facilities

12. (1) The registered proprietor and person in charge of a centre shall satisfy the relevant health board that children residing in the centre are provided with food in quantities adequate for their needs which is properly prepared, wholesome and nutritious, involves an element of choice and takes account of any special dietary requirements.

(2) For the purpose of this article the registered proprietor and person in charge of a centre shall satisfy the relevant health board that: —

( a ) suitable and sufficient catering equipment, crockery and cutlery are provided,

( b ) there are proper facilities for the refrigeration and storage of food, and

( c ) a high standard of hygiene is maintained in relation to the storage and preparation of food and the disposal of domestic refuse.

13 Fire Precautions

13. (1) A registered proprietor and person in charge of a centre shall furnish to the relevant health board written confirmation from a chartered engineer or a properly and suitably qualified architect with experience in fire safety design and management that all statutory requirements relating to fire safety and building control have been complied with and that —

( a ) adequate precautions have been taken by the centre against the risk of fire, including the provision of adequate means of escape in the event of fire,

( b ) that adequate arrangements are in place for detecting, containing and extinguishing fires, and for the maintenance of fire fighting equipment, and

( c ) all reasonable measures have been taken by the centre to ensure that materials contained in bedding and the internal furnishings of the centre have adequate fire retardancy properties and have low levels of toxicity in the event of a fire.

(2) A registered proprietor and person in charge of a centre shall notify the relevant health board where any structural alterations to a centre have been carried out and, if so requested, shall furnish the relevant health board with a new written confirmation and the provisions of sub-article (1) of this article shall apply with any necessary modifications.

(3) A registered proprietor and person in charge of a centre shall ensure that adequate arrangements are in place, by means of fire drills and practices, to ensure that the staff, and so far as is practicable, the children, know the evacuation and other procedures to be followed in the event of a fire.

14 Safety Precautions

14. (1) A registered proprietor and person in charge of a centre shall satisfy the relevant health board that adequate arrangements exist to guard against the risk of injury occurring on the premises, particularly with regard to stairways, electrical and gas appliances and fittings, windows and doors, glazing and the storage of medicines, cleaning and other material.

(2) A registered proprietor and person in charge of a centre shall satisfy the relevant health board that adequate arrangements are in place for the reporting and recording of accidents and injuries affecting children being maintained in the centre.

(3) The provisions of this article are without prejudice to the provisions of the Health, Safety and Welfare at Work Act, 1989.

15 Insurance

15. A registered proprietor and person in charge of a centre shall satisfy the relevant health board that there is adequate insurance against accidents or injury to children being maintained in the centre.

16 Notification of Significant Events

16. A registered proprietor and person in charge of a centre shall satisfy the relevant health board that procedures are in place for the prompt notification by the centre to the relevant health board of any significant event occurring in relation to a child being maintained in the centre.

17 Records

17. A registered proprietor and person in charge of a centre shall satisfy the relevant health board that appropriate records are kept by the centre in relation to children being maintained in the centre.

Part IV Inspection of Premises and Enforcement of Regulations

18 Inspection

18. (1) The registered proprietor and any member of staff of a centre shall:-

(a) permit designated persons to enter and inspect the centre and shall afford the said persons such facilities and information as they require for that purpose, and

(b) subject to sub-article (2) of this article, permit designated persons to examine records kept by the centre and to obtain copies of any such records or of extracts therefrom.

(2) Nothing in sub-article (1) of this article authorises any person other than a designated person who is a medical practitioner to inspect any medical record relating to a child in a centre.

19 Enforcement

19. These regulations shall be enforced and executed by each health board in respect of each children’s residential centre in its functional area.

Schedule

Application for Registration of a Children’s Residential Centre

1. Name and Address of Centre

Name or Title of the Centre

Address of the Centre

Date (or proposed date) of establishment

2. Aims, Objectives and Organisational Structure of Centre

Brief Statement of the Main Aims, Objectives and Organisational Structure of the Centre:- (to include the age range of residents catered for and the criteria for admission)

Please attach an example of any brochure or advertisement to be used for the Centre

3(a) Proprietor(s) of Centre

Full Name of Proprietor(s)

Date of Birth (if proprietor an individual)

Full Name of Proprietor(s)

Date of Birth (if proprietor an individual)

Address of Proprietor(s) (if other than above)

3(b)

If the Centre is to be owned on a partnership basis, please give details of other partners (i.e. full name, address, date of birth and telephone number)

4. Person in Charge

Particulars of the Person in Charge of the Centre

Full Name andDate of Birth

Private Address and Telephone Number

5. Qualifications and Employment Record of Person in Charge

Details of the Qualifications, Related Experience and Employment Record of the Person in Charge (Please include details of present and past employer which will include the name, address and nature of business together with the dates of employment and details of posts held)

(continue on reverse where necessary)

6. Staffing

A: Resident Staff (full-time)

Position Held

Date Appointed

Qualifications

Weekly Hours

Male

Female

B: Resident Staff (part-time)

Position Held

Date Appointed

Qualifications

Weekly Hours

Male

Female

C: Non-Resident Staff (full-time)

Position Held

Date Appointed

Qualifications

Weekly Hours

Male

Female

D: Non-Resident Staff (part-time)

Position Held

Date Appointed

Qualifications

Weekly Hours

Male

Female

Note: Proprietors and persons in charge should be able to provide the relevant health board with samples of job descriptions contracts and written statements to staff on Health and Safety at Work.

7. Premises

Description of Premises: (Please attach plans of the interior design of property giving details of the dimensions of all rooms intended for residents use, also indicating owners/staff rooms)

A: Type of Property: (e.g. detached/semi-detached/terraced/date of construction)B: Description of Property: (e.g. type of roof/facilities/wiring)

B: Details of Accommodation for use of Residents

Number of

Ground Floor

First Floor

Second Floor

Bathrooms

Separate WCs

Showers

Single Bedrooms

Double Bedrooms

Other Bedrooms

Lounge and Sitting

Dining Rooms

C: Other Accommodation

Please detail other accommodation (e.g. Office/interview rooms, workshops, sick room, quiet room, utility, guest room)

Please detail any additional out-door facilities (e.g. lawned area, patio, playing field)

8. Education

Please detail arrangements for the education of residents

9. Health and Social Care

What arrangements have been made for health care provision (e.g. G.P., dentist, optician, psychologist, speech therapist)

Please detail arrangements for the administration and handling of medicines

Please detail arrangements to meet the spiritual needs of residents

10. Insurance

Please detail arrangements for insurance cover of the centre (include the name and address of the Insurance Company)

11. Other amenities

Please detail any other amenities provided

12. Meals

Please detail facilities for the provision of meals and special diets (please attach a two week menu plan to cover breakfast, lunch and dinner and indicate when these meals will be served)

13. Fire Precautions

Does the centre have a written confirmation as required by article 13 of the Child Care (Standards in Children’s Residential Centres) Regulations, 1996.

Yes

Is the procedure to be followed in the event of a fire displayed in a prominent position in the centre?

Yes

How frequently are fire drills held in the centre?

Please include confirmation from a chartered engineer or a properly and suitably qualified architect with experience in fire safety design and management that all the requirements of the statutory fire authority have been complied with.

14. Declaration

I, the applicant, hereby declare that the information given by me in this application is correct to the best of my knowledge.

Signature of applicant:

Date:

Information to be enclosed with application form

1. Please attach an example of any brochure or advertisement to be used for the centre.

2. Please attach plans of the interior design of the centre giving details of the dimensions of all rooms intended for residents use also indicating owners/staff rooms,

3. Please supply the name and address of the G.P./medical officer who will be responsible for the medical examination of residents.

4. Please attach a two week menu plan to cover breakfast, lunch and dinner.

5. Please attach written confirmation from a chartered engineer or a properly and suitably qualified architect with experience in fire safety design and management.

Additional information may be requested in support of application

Proprietors should be able to provide the relevant health board with:

(i) a copy of the certificate of planning permission for the centre, and

(ii) samples of job descriptions/contracts of staff and written statements to staff on Health and Safety at Work.

Dated this 18 day of December, 1996

Austin Currie

Minister of State at the Department of Health

EXPLANATORY NOTE

These regulations prescribe various requirements to be complied with by voluntary children’s residential centres for the proper conduct of such centres pursuant to Part VIII of the Child Care Act, 1991 . Provision is also made for the inspection of such centres by health boards to ensure the enforcement and execution of these regulations.

S.I. No. 605/2015 –

Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2016.

I, JAMES REILLY, Minister for Children and Youth Affairs, in exercise of the powers conferred on me by sections 40 (as amended by section 75 of the Health Act 2004 (No. 42 of 2004)) and 68 of the Child Care Act 1991 (No. 17 of 1991) and the Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 488 of 2011 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

(2) The Principal Regulations and these Regulations may be cited together as the Child Care (Placement of Children in Residential Care) Regulations 1995 and 2015 and shall be construed together as one.

2. In these Regulations “Principal Regulations” means the Child Care (Placement of Children in Residential Care) Regulations 1995 ( S.I. No. 259 of 1995 ).

3. The Principal Regulations are amended by inserting after Regulation 4 the following Regulation:

“Prohibition of certain forms of discipline.

4A.(1) The following forms of discipline, in relation to a child in the care of the Child and Family Agency placed in residential care, are prohibited:

(a) corporal punishment or any other form of physical violence;

(b) deprivation of food or drink;

(d) treatment that is cruel, inhuman or degrading.

(2) The care practices and operational policies developed in accordance with Regulation 5 shall have regard to the prohibition of the forms of discipline referred to in paragraph (1).”

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GIVEN under my Official Seal,

21 December 2015.

JAMES REILLY,

Minister for Children and Youth Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Child Care (Placement of Children in Residential Care) Regulations 1995 to provide for the prohibition of certain forms of discipline where a child in the care of the Child and Family Agency is placed in residential care.

These Regulations may be cited as the Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

S.I. No. 605/2015 –

Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2016.

1. (1) These Regulations may be cited as the Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

2. In these Regulations “Principal Regulations” means the Child Care (Placement of Children in Residential Care) Regulations 1995 ( S.I. No. 259 of 1995 ).

3. The Principal Regulations are amended by inserting after Regulation 4 the following Regulation:

“Prohibition of certain forms of discipline.

4A.(1) The following forms of discipline, in relation to a child in the care of the Child and Family Agency placed in residential care, are prohibited:

(a) corporal punishment or any other form of physical violence;

(b) deprivation of food or drink;

(d) treatment that is cruel, inhuman or degrading.

(2) The care practices and operational policies developed in accordance with Regulation 5 shall have regard to the prohibition of the forms of discipline referred to in paragraph (1).”

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GIVEN under my Official Seal,

21 December 2015.

JAMES REILLY,

Minister for Children and Youth Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations may be cited as the Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

CHILDREN ACT, 1989

AN ACT TO AMEND AND EXTEND THE CHILDREN ACTS, 1908 TO 1957. [9th November, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

“Fit person”.

1.—The expression “fit person” in section 38 of the Children Act, 1908, includes and shall be deemed always to have included a health board established under the Health Act, 1970 , and the functions of a health board shall include and be deemed always to have included the functions conferred on a fit person by the first-mentioned Act as amended by any subsequent Act.

Construction of orders made before passing of this Act.

2.—Every order made before the passing of this Act pursuant to Part II or IV of the Children Act, 1908, in relation to the care of a child or young person shall be construed and have effect as if this Act were in force when the order was made.

Children and young persons in care at passing of this Act.

3.—Where on the passing of this Act a child or young person is in the actual possession or control of any person in consequence of an order made or purporting to have been made under Part II or IV of the Children Act, 1908, placing the child or young person in the care of a health board, whether solely or in conjunction with another person and the order would have been valid at the time it was made or purported to have been made if this Act had been in force at that time, he shall be deemed to be lawfully in such possession or control, and any person may apply to a court for an order under Part II or IV of that Act providing for the care of the child or young person or the renewal, variation or revocation of any such order as if he were the subject of an order made under that Act.

Maintenance of children and young persons in care.

4.—(1) Where a child or young person is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908, the health board 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 in foster care, or

(b) by placing him in a suitable home, school, certified industrial school or other place of residence, or

(c) in the case of a child or young person 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 as the health board thinks proper.

(2) Nothing in this section shall prevent a health board from sending a child or young person in its care to any hospital or to any institution which provides nursing or care for persons suffering from physical or mental disability.

(3) Without prejudice to subsection (1) a health board may, either for a fixed period or until the health board otherwise determines, allow a child or young person who has been committed to its care under an order made pursuant to Part II or IV of the Children Act, 1908, to be under the charge and control of a parent or other suitable person.

(4) Where a child or young person is dealt with under paragraph (a) of subsection (1) he shall be deemed to be boarded out under section 55 of the Health Act, 1953 , but the consent of any person under that section shall not be required.

(5) In this section, references to a health board include references to any officer or servant of the health board acting on its behalf whether by himself or in conjunction with the health board.

Functions of chief executive officer.

5.—The functions of a health board referred to in sections 1 and 4 of this Act shall be functions of the chief executive officer of the board, or a person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970 .

Powers of court in case of invalidity of orders.

6.—Where an order committing a child or young person to the care of a fit person has been made under Part II or IV of the Children Act, 1908, and a court finds or declares in any proceedings that the order, for whatever reason, is invalid, that court may of its own motion or on the application of any interested person refuse to exercise any power to order the delivery or return of the child or young person 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 interested person, may—

(a) make an order committing the child or young person to the care of a fit person under Part II or IV of that Act as if it were a court before which the child or young person had been brought under section 24, 58 or 59 of that Act,

(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 or young person 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 the child or young person shall be deemed to have been brought before that justice under section 24, 58 or 59 of that Act as the court may direct,

(i) convicted of committing in respect of such child or young person an offence under Part II of the said Act or any of the offences mentioned in the First Schedule to that Act, or

(ii) committed for trial for any such offence, or

(iii) bound over to keep the peace towards such child or young person,

make an order under section 21 of that Act, or remit the question whether such an order should be made to the court by which such person was so convicted, committed or bound over,

(d) direct that any order under paragraph (a) or (c) shall, if necessary, be deemed for the purposes of the Children Act, 1908, 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

(e) where it makes an order under paragraph (b) or (c), 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.

Saving.

7.—Nothing in this Act shall affect any order of a court made before the passing of this Act finding or declaring an order under Part II or IV of the Children Act, 1908, invalid.

Short title, collective citation and construction.

8.—(1) This Act may be cited as the Children Act, 1989.

(2) The Children Acts, 1908 to 1957, and this Act may be cited together as the Children Acts, 1908 to 1989, and shall be construed as one Act.

District Court Rules

Amendment to Order 84

S.I. No. 5 of 2006:

District Court (Children) Rules 2006

1. These rules may be cited as the District Court (Children) Rules 2006.

2. These rules shall come into operation on the 7th day of February 2006 and shall be read together with all other District Court rules for the time being in force.

3. Order 84 of the District Court Rules, 1997 (S.I. No.93 of 1997) is hereby amended by:

(i) the substitution for rules 1 and 2 thereof of the following rules:

“1. In this Order:

“the Act” means the Child Care Act 1991 (No. 17 of 1991);

“the Act of 2001” means the Children Act 2001 (No. 24 of 2001);

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

“Executive” means the Health Service Executive established by section 6 of the Health Act 2004 (No. 42 of 2004);

“parents” has the meaning assigned to it by section 2(1) of the Act.

2. (1) Proceedings under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part 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 the 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, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part 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 nor barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.”

(ii) the substitution for rule 21 thereof of the following rule:

“21. An appeal from an order made by the Court under Part IV or Part IVA (inserted by section 16 of the Act of 2001) 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”.

(iii) the insertion immediately after rule 21 of the following rules:

“Proceedings under Part IV A of the Act (as inserted by section 16 of the Children Act 2001)

21A. (1) An application by the Executive under section 23B (1) of the Act for a special care order shall be preceded by the issue and service of a notice in the Form 84.40A, 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. A special care order made on such application shall be in the Form 84.40B, 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.

(2) An application by the Executive under section 23B (4)(b) of the Act for an extension of the period of a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) hereof of a notice in the Form 84.40C, Schedule C. An order granting such an extension shall be in the Form 84.40D, Schedule C and may be endorsed upon the special care order.

(3) An application by the Executive under section 23B (5) of the Act for an order discharging a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) of a notice in the Form 84.40E, Schedule C.

(4) Except in a case where the Judge otherwise directs under Section 23C (3) of the Act, an application by the Executive under section 23C (1) of the Act for an interim special care order shall be preceded by the issue and service of a notice in the Form 84.40F, 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 special care order made on such application shall be in the Form 84.40G, 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.

(5) An application by a person specified in section 23C (2)(b) of the Act for an extension of the period of an interim special care order shall, except where the Judge has otherwise directed under section 23C (3), be preceded by the issue and service on the respondent referred to in sub-rule (4) hereof (or, as the case may be, on the Executive) of a notice in the Form 84.40H Schedule C. The order granting the extension shall be in the Form 84.40I, Schedule C and may be endorsed upon the interim special care order.

(6) An application under section 18 (6) of the Act (as applied to special care orders by section 23B(8) of the Act) for the Court’s directions pending the determination of an application for a special care order shall be made in the manner prescribed by rule 13 of this Order. Such application shall be in the Form 84.19, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.20, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(7) An application under section 18 (6) of the Act (as applied to special care orders by section 23B(8) of the Act) for a supervision order pending the determination of an application for a special care order shall be made in the manner prescribed by rule 14 of this Order. Such application shall be in the Form 84.21, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.22, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(8) Where, in addition to making a special care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of the child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23, Schedule C, modified as appropriate, and shall be served by the Executive upon the said parent or parents.

(9) An application under section 18 (8) of the Act (as applied to special care orders by section 23B (8) of the Act) to vary or discharge a contribution order shall be made in the manner prescribed by rule 15(2) of this Order. Such application shall be in the Form 84.24, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.25, Schedule C, modified as appropriate, and shall be served upon the parent required to contribute.

(10) Unless made viva voce at the hearing of another application made in accordance with this Order in respect of the child, an application –

(a) by any person under section 23F (1) of the Act to vary or discharge a special care order or

(b) by the Executive under section 23F (1) and section 23F (2) of the Act to discharge a special care order and make a supervision order in respect of the child, or to discharge a special care order and make a care order in respect of the child

shall be preceded by the issue and service in the Form 84.40J, 84.40K or 84.40L, 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 84.40M, 84.40N or 84.40O Schedule C, as the case may be, and shall be served upon the respondent and upon any other person directly affected by the order.

(11) An application under section 13 (7)(a) of the Act (as applied to interim special care orders by section 23C (4) of the Act) for directions shall be made in the manner prescribed by rule 7(1) of this Order. Such application shall be in the Form 84.6, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.7, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(12) An application under section 13 (7)(b) of the Act (as applied to interim special care orders by section 23C (4) of the Act) to vary or discharge a direction shall be made in the manner prescribed by rule 7(2) of this Order. Such application shall be in the Form 84.8, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.9, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

Proceedings under Part IV B of the Act (as inserted by section 16 of the Children Act 2001)

21B. (1) An application for the issue of a warrant under section 23T (2) of the Act of 1991 shall be made to a Judge of the District Court assigned to and sitting in the District Court District wherein are situated the premises in which it is believed the child may be residing. Such application shall be by the information on oath and in writing in the Form 84.40P of an authorised officer appointed by the Executive under section 23S (1) of the Act of 1991. A warrant issued on foot of such information shall be in the Form 84.40Q, Schedule C.

(2) An application for an order under section 23U of the Act of 1991 shall be preceded by the issue and service upon the person mentioned in paragraphs (a) and (b) of section 23U of the said Act of a notice in the Form 84.40R, Schedule C. Such notice shall be served at least two days prior to the date fixed for hearing the application. Where the Court on such application makes an order referred to in paragraph (iii) of section 23U, such order shall be in the Form 84.40S, Schedule C. Where the Court on such application makes an order referred to in paragraph (i) or paragraph (ii) of section 23U, such order shall be (as the case may be) in the Form 84.4, 84.11, 84.15 or 84.18, Schedule C, modified as appropriate.”

4. The Forms numbered 84.40A to 84.40S 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).

5. The Forms numbered 84.41 to 84.43 inclusive in Schedule 2 hereof shall be substituted for the Forms bearing those numbers in Schedule C of the District Court Rules, 1997 (S.I. No. 93 of 1997).

6. In each of the Forms numbered 84.1 to 84.40 inclusive and 84.44 to 84.67 inclusive in Schedule C of the District Court Rules, 1997 (S.I. No. 93 of 1997), the words “Judge of the Children Court” shall be substituted for the words the “Judge of the District Court” wherever those words appear.

7. For the avoidance of doubt, any and every reference in Order 84 of the District Court Rules, 1997 (S.I. No. 93 of 1997) and in any of the Forms numbered 84.1 to 84.67 inclusive in Schedule C to a health board shall be and be deemed to be a reference to the Executive, as defined in rule 1 of the said Order 84 as substituted by these Rules.

Order 84A

Mental Health

: S.I. No. 97 of 2007

1. (1) In this Order –“the Act” means the Mental Health Act 2001.

(2) The provisions of rules 2, 3 and 4 of Order 84 of these Rules shall apply, mutatis mutandis, to proceedings to which this Order applies.

2. (1). Save where a child has been detained in accordance with section 23(2) of the Act or in a case to which section 25(7) of the Act applies, an application under section 25(1) of the Act for an order authorising the detention of a child in an approved centre shall be made to a Judge of the District Court assigned to the district court district in which the child resides or is for the time being to be found at a sitting of the Court for the said District. Save in a case to which section 25(7) of the Act applies, such application shall be preceded by the issue and service of a notice in the Form 84A.1 Schedule C upon the parents of the child or either of them or upon a person acting in loco parentis of the child. Such notice shall be served at least ten days prior to the date fixed for hearing the application. Where a child has been detained in accordance with section 23(2) of the Act, such notice shall be served as promptly as reasonably possible and prior to the hearing of the application at a sitting of the Court held within the time specified in section 23(3) of the Act, and may be served by delivering a copy of the notice to the parents of the child or either of them or upon a person acting in loco parentis of the child.

3. An order of the Court made under section 25(8) of the Act giving directions as to the care and custody of the child who is the subject of the application under section 25(1) of the Act pending the Court’s determination thereof shall be in the Form 84A.2 Schedule C. The applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the said order.

4. An order of the Court made under section 25(4) of the Act directing that the Health Service Executive arrange for the examination of the child by a consultant psychiatrist, not being a relative of the child, and that a report of the results of the examination be furnished to the Court, shall be in the Form 84A.3 Schedule C.

5. An order of the Court made under section 25(6) of the Act that the child be admitted and detained for treatment in a specified approved centre for a period not exceeding 21 days shall be in the Form 84A.4 Schedule C. The applicant shall cause the said order to be served upon the parents of the child or either of them or upon a person acting in loco parentis of the child and upon any other person directly affected by the said order.

6. Except where the Court otherwise directs under section 25(7) of the Act, an application by the Health Service Executive under section 25(9) of the Act for an extension of the period of detention of the child the subject of the application, or under section 25(10) by the Health Service Executive for a further extension of the period of detention of the child the subject of the application shall be preceded by the issue and service upon the parents of the child or either of them or upon a person acting in loco parentis of the child of a notice of such application in the Form 84A.5 Schedule C. Such notice shall be served at least ten days prior to the date fixed for hearing the application. An order made on such application shall be in the Form 84A.6 Schedule C.

7. An application for the approval of the Court pursuant to section 25(12) or section 25(13) of the Act shall be by notice of application in the Form 84A.7 Schedule C. Such notice shall be served upon the parents of the child or either of them or upon a person acting in loco parentis of the child at least ten days prior to the date fixed for hearing the application. An order made on such application shall be in the Form 84A.8 Schedule C. The applicant shall cause the said order to be served upon the parents of the child or either of them or upon a person acting in loco parentis of the child and upon any other person directly affected by the said order.

8. Notwithstanding any of the preceding rules, where the Judge is satisfied that the urgency of the matter so requires, an application under section 25 of the Act may –

(a) be made ex parte, subject to the lodgment with the Clerk of the appropriate notice of application duly completed;

(b) in the case of a child to whom section 23 of the Act applies, be heard, and an order made thereon, elsewhere than at a public sitting of the Court.”

The Forms numbered 84A.1 to 84A.8 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 (SI No. 93 of 1997).

Rules of the Superior Court

Order 65A

Special Care of Children

^[1]

1. In this Order:

“the 1991 Act” means the Child Care Act 1991; “the 2001 Act” means the Children Act 2001;

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

“Agency” means the Child and Family Agency established by section 7 of the Child and Family Agency Act 2013;

“child” has the same meaning as in section 2(1) of the 1991 Act;

“interim special care order” means an order made under section 23L of the 1991 Act;

“parents” has the meaning assigned to it by section 2(1) of the 1991 Act; “special care order” means an order made under section 23H of the 1991 Act;

“special care proceedings” means proceedings in the Court under Part IVA of the 1991 Act.

2. (1) Only officers of the Court, the parties and their legal representatives, witnesses and such other persons as the Court may allow shall be permitted to be present at the hearing of special care proceedings.

(2) The Court may, if it thinks it proper to do so, order any witness who is not a party to the special care proceedings to leave the Court either until his or her evidence is required or after his or her evidence has been given.

(3) Special care proceedings shall be as informal as is practicable consistent with the administration of justice. The provisions of Order 119, rules 2 and 3 solely insofar as they relate to the wearing of a wig and gown, shall not apply to special care proceedings in the Court.

(4) The forms in Appendix LL shall, with any necessary modifications, be used in special care proceedings where appropriate.

3. (1) Special care proceedings in the Court shall be commenced by originating notice of motion, which shall be entitled

“The High Court

Special care

In the matter of

A.B, a child [or, as the case may be, a child whose name is unknown]”

and in which the Agency shall be named as the applicant.

(2) An application for a special care order or an application made on notice for an interim special care order shall be made by originating motion on notice.

(3) An application for an interim special care order made ex parte shall be made by originating motion ex parte, entitled as in sub-rule (2), in which the Agency shall be named as the applicant, provided that the Court may in a case of urgency dispense with the requirement that an originating motion ex parte be filed in advance of the application and may instead accept an undertaking from the Agency to lodge with the Registrar the originating ex parte motion paper.

(4) Subject to the provisions of this Order, applications in special care proceedings shall be grounded upon an affidavit, provided that the Court may where it deems fit direct that an application may be heard wholly or in part on oral evidence, which direction may be given at the hearing.

(5) The respondent or respondents to an originating notice of motion for a special care order or an interim special care order shall, subject to any order or other provision made or directions given by the Court under section 23G(6) of the 1991 Act, be the person or persons specified in section 23G(1) of the 1991 Act.

(6) In addition to any information or evidence required under the Act to be given to the Court on the making of an application for a special care order or an interim special care order, the evidence (whether on affidavit or oral) in support of such an application shall—

(a) specify whether the child to whom the application relates has previously been the subject of a special care order or an interim special care order which has expired and if so, the record number of the proceedings concerned, and

(b) specify whether the child to whom the application relates is currently the subject of any other order of the Court in special care proceedings, or of any order of another court in proceedings concerning the care and welfare of the child.

(7) An originating notice of motion for a special care order or an interim special care order may include an application for further or other relief which may be granted by the Court under the 1991 Act in respect of the child.

(8) A person who is to be informed of an application for a special care order or interim special care order in accordance with section 23G(2) or section 23G(3) of the 1991 Act may (without limiting any other means by which that person may be so notified and unless the Court directs otherwise) be so notified by the delivery of a copy of the originating notice of motion (and, where appropriate in the case of that person, a copy of any grounding affidavit and any exhibits thereto) to that person.

(9) Save where otherwise provided by this Order or directed by the Court, all subsequent applications to the Court in relation to the care of the child who is the subject of the originating notice of motion shall be brought by motion in the proceedings commenced by the originating notice of motion, on notice to all other parties to the special care proceedings.

(10) Save where otherwise directed or permitted by the Court, a copy of the originating notice of motion shall be served on each respondent at least two days prior to the date fixed for hearing the application.

(11) An application for a direction in accordance with section 23G(6) of the 1991 Act that the substantive application proceed otherwise than on notice to a named person who would otherwise be entitled to notice of the application in accordance with section 23G(1) of the 1991 Act may be made ex parte in the matter of intended special care proceedings, or made at the time when an originating application is made ex parte, or otherwise made by motion ex parte.

(12) In any case in which an application in special care proceedings is heard, or a review in accordance with section 23I of the 1991 Act is conducted, otherwise than on affidavit or in the absence of any party, the Court may direct that, in addition to the service by the moving party on the absent party of a copy of the Court’s order, the moving party also send the absent party a transcript or note of the evidence and a note of any reasons given by the Court for making the order concerned or, as the case may be, a note of the outcome of the review hearing.

4. (1) On the return date of any originating notice of motion in proceedings for a special care order or an interim special care order (or on any adjournment from such date, including any review date mentioned in rule 5), the Court shall give directions and make orders for the conduct of the proceedings as, having due regard for the rights of the child who is the subject of the proceedings, appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings, which, where appropriate, may include:

(a) any order which might be made or direction which might be given under Order 84B, rule 8;

(b) an order appointing a guardian ad litem in accordance with section 26 of the 1991 Act;

(c) a direction in accordance with section 23G(5) of the 1991 Act that another person mentioned in that subsection be informed of the application, either by the delivery of a copy of the originating notice of motion (and, where appropriate in the case of that person, a copy of any grounding affidavit and any exhibits thereto) to that person or by such other means as may be directed;

(d) a direction in accordance with section 23G(6) of the 1991 Act that the application proceed otherwise than on notice to a named person who would otherwise be entitled to notice of the application in accordance with section 23G(1) of the 1991 Act.

(2) On the hearing of an application for an interim special care order made ex parte, the Court may give such directions and make such orders for the further conduct of the proceedings as, having due regard for the rights of the child who is the subject of the proceedings, appear just and convenient which, where appropriate, may include:

(a) an order appointing a guardian ad litem in accordance with section 26 of the 1991 Act;

(b) a direction in accordance with section 23G(5) or section 23G(6) of the 1991 Act;

5. (1) Where the Court makes a special care order, the Court shall re-list the proceedings on the originating notice of motion in matter of the child concerned for the purposes of the reviews referred to in section 23I(4) of the 1991 Act on such dates (in this rule referred to as the “review dates”) as the Court shall specify, and the Court may give such directions as appear appropriate for the exchange among the parties and delivery to the Court in advance of any such listing for review of any further evidence, report, assessment or information concerning the care and protection of the child.

(2) In addition to any other order it may make or direction it may give on any of the review dates, the Court may, on any review date, re-list the matter of the child concerned for the purposes of the reviews referred to in section 23I(4) of the 1991 Act or such further or other review dates as the Court may specify, and give such further or other directions as appear appropriate for the exchange among the parties and delivery to the Court in advance of any such listing for review of any further evidence, report, assessment or information concerning the care and protection of the child.

6. In having regard to the rights of a child who is the subject of special care proceedings, the Court may, at any time in such proceedings, of its own motion or on the application of any party or other person showing a sufficient interest:

(a) direct that the child be joined as a party or notice party to the special care proceedings;

(b) direct that the child be put on notice of applications and hearings in the special care proceedings, though not a party or notice party, or

(c) where it considers it appropriate having regard to the child’s age and understanding, hear the child in any application or hearing in the special care proceedings.

7. (1) In a case where the Agency does not know the name of the child in respect of whom an application for an interim special care order is made, the originating motion shall identify the child to whom the application relates by description, and the title of the proceedings may be amended by the Court without motion at any stage of the special care proceedings when the identity of the child is established to the satisfaction of the Court.

(2) Where an interim special care order is made on an application by originating motion ex parte—

(a) the originating notice of motion on foot of which the Agency applies for an interim special care order shall be made returnable to the date for the hearing of the application for an interim special care order on notice appointed by the Court in accordance with section 23M(1)(a) and section 23M(7) of the 1991 Act, and

(b) the applicant shall comply with the directions of the Court as to service of the originating notice of motion and any affidavit or other document (together with any order made on the application) on any respondent or other person.

8. (1) The following information to be given to the Court in respect of a child who is the subject of special care proceedings shall unless the Court permits the same to be given orally at the hearing concerned, be given in by letter or by electronic mail addressed to the Registrar, and such letter or electronic mail shall be placed on the file concerning the special care proceedings:

(a) information for the purposes of section 23D(4) of the 1991 Act;

(b) information for the purposes of section 23E(3), section 23E(4) section 23E(5), section 23E(8), section 23E(11), section 23E(12) and section 23E(13) of the 1991 Act;

(2) The Court may direct that a copy of any communication made or may be liable to be made by the Agency to the Court under sub-rule (1) be delivered by the Agency to any other party to the special care proceedings.

9. (1) Where the Court so permits, an application or withdrawal of an application to the Court referred to in sub-rule (3) may be made in writing by letter or by electronic mail addressed to the Registrar (which letter or electronic mail shall be placed on the file concerning the special care proceedings), a copy of which shall, subject to the provisions of the 1991 Act, or any order of the Court made under the 1991 Act, concerning the giving of notice of applications (or information concerning applications) or the withholding of notice, be delivered by the Agency to each of the respondents to the application for the special care order or interim special care order concerned.

(2) Neither the moving party nor any respondent to an application referred to in sub-rule (3) shall attend at the hearing of the application or (as the case may be) its withdrawal, unless the Court otherwise directs.

(3) The applications, or withdrawal of applications to the Court referred to in sub-rules (1) and (2) are-

(a) a withdrawal by the Agency of an application for a special care order or an interim special care order in accordance with section 23E(7) of the 1991 Act;

(b) an application by the Agency to discharge a special care order or interim special care order in the circumstances prescribed by section 23E(9) of the 1991 Act;

(c) an application by the Agency to discharge a special care order or interim special care order in the circumstances prescribed by section 23E(10) of the 1991 Act.

10. (1) The following applications to the Court shall, unless the reliefs concerned have been sought in an originating notice of motion or originating motion ex parte issued under rule 3, and unless the Court otherwise orders, be made by motion ex parte:

(a) an application for a direction under section 23G(5) of the 1991 Act;

(b) an application for an order under section 23NA(1) or section 23NA(2) of the 1991 Act;

(2) The following applications to the Court shall, subject—

(i) to any relevant provision of the 1991 Act, or any other order of the Court made under the 1991 Act concerning the giving of notice of applications (or information concerning applications) or withholding of notice, and

(ii) to any order or direction of the Court, be made by motion on notice—

(iii) to each of the respondents in the special care proceedings or, as the case may be, to the Agency and each other respondent and

(iv) such other person as the Court may direct:

(a) an application by the Agency under section 23J(1) of the 1991 Act to extend the period for which a special care order has effect for the purpose of continuing the provision of special care to the child;

(b) an application by the Agency under section 23N(1) of the 1991 Act to extend the period for which an interim special care order has effect for the purpose of continuing the provision of special care to the child;

(c) an application by the Agency under section 23NA(5) of the 1991 Act for an order to require a parent, or both parents, to pay to the Agency a sum of money as a contribution towards the cost of maintaining the child, or an application to vary or discharge such an order;

(d) an application to vary or discharge a special care order under sections 23D(6)(b), 23I(5), 23J(7), 23NE(1), 23NE(4), 23NF(1) or 23NG(1) (as the case may be) of the 1991 Act or an interim special care order under sections 23D(6)(b), 23N(6), 23NE(1), 23NE(4), 23NF(1) or 23NG(1) (as the case may be) of the 1991 Act;

(e) an application for directions under section 23NB(2) of the 1991 Act (and the issuing of the notice of motion shall, be taken to satisfy the obligation of notification in section 23NB(1) of the 1991 Act provided it is done as soon as practicable after expiry of the three day period referred in that subsection);

(f) an application for a stay pending appeal under section 23NC of the 1991 Act;

(g) an application to vary a special care order or interim special care order in the circumstances prescribed by section 23NF(2)(d) or (e) of the 1991 Act;

(h) an application for directions or an order under section 23NK of the 1991 Act (including an application to vary or discharge such directions or order).

(3) Notwithstanding sub-rule (2) and save where notice is required to be given under the 1991 Act, the Court may permit the making of any application referred to in sub-rule (2) without notice (including at the hearing of another application in respect of the child or at another hearing concerning the child), where it is satisfied that it is just to do so.

11. (1) An application under section 23NI(4) of the 1991 Act for an order directing a person to deliver up a child to the custody of the Agency shall be made by information on oath of a person duly authorised in that behalf by the Agency, in Form No. 7.

(2) An application under section 23NI(6) of the 1991 Act for the issue of a warrant under that subsection shall be made by information on oath of a person duly authorised in that behalf by the Agency, in Form No. 8.

12. An appeal to the Court under section 23NN(7) of the 1991 Act shall be commenced and conducted in accordance with Order 84C, save that the appeal shall be entitled

“The High Court Special Care

In the matter of A.B, a child”

and the party appealing against the decision referred to in section 23NN(6)(d) of the 1991 Act shall be named as the appellant and the Agency or (as the case may be) the person who appealed under section 23NN(4) of the 1991 Act the decision of the Agency shall be named as the respondent.

13. [ • ] [2]

[1] Order 65A inserted by SI 63 of 2018, effective 21 March 2018.

[2] Rule 13 deleted by SI 422 of 2019, effective 2 September 2019

Special Care

CHILD CARE ACT 1991

Interpretation.

Children in need of Special Care or Protection

Interpretation.

Provision of special care and special care units.

Special care.

Criminal proceedings and provision of special care.

Custodial sentence, deferred children detention order, Children Act order and provision of special care.

Determination by Child and Family Agency that child requires special care.

Notice of application for special care order or interim special care order.

Special care order.

Review of special care order.

Review of special care order.

Extension of period for which special care order has effect.

Special care before determination under section 23F.

Interim special care order.

Interim special care orders made ex parte: supplemental provisions.

Extension of period for which interim special care order has effect.

Sections 23H and 23L: supplemental provisions.

Failure to find child.

Appeal and staying of order.

Functions of Child and Family Agency when providing special care.

Discharge and variation of special care order or interim special care order.

Release from special care unit under special care order or interim special care order.

Release from special care unit for purposes of sections 23D and 23E.

Hearing of proceedings.

Return of child to Child and Family Agency in certain circumstances.

Applications for special care orders or interim special care orders generally.

Application for directions.

Existing orders.

Provision of information to certain persons.

Request for appraisal of special care provided to child.

Guidelines.

Offences.

Children’s Residential Centres

Definitions for Part VIII

Prohibition of unregistered children’s residential centres.

Registration of children’s residential centres.

Registration of children’s residential centres.

Appeals.

Regulations in relation to children’s residential centres.

Offences under Part VIII.

Discontinuance of centre.

Superannuation of certain staff.

Transitional provisions.

CHILD CARE (PLACEMENT OF CHILDREN IN RESIDENTIAL CARE) REGULATIONS, 1995.

EXPLANATORY NOTE.

CHILD CARE (STANDARDS IN CHILDREN’S RESIDENTIAL CENTRES) REGULATIONS, 1996.

EXPLANATORY NOTE

Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

EXPLANATORY NOTE

Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015.

EXPLANATORY NOTE

CHILDREN ACT, 1989

“Fit person”.

Children and young persons in care at passing of this Act.

Maintenance of children and young persons in care.

Powers of court in case of invalidity of orders.

District Court Rules

District Court (Children) Rules 2006

Mental Health

Rules of the Superior Court

Special Care of Children

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