Welfare Conference

CHILDREN ACT 2001

REVISED

Updated to 3 May 2023

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CARE, PROTECTION AND CONTROL OF CHILDREN AND, IN PARTICULAR, TO REPLACE THE CHILDREN ACT, 1908, AND OTHER ENACTMENTS RELATING TO JUVENILE OFFENDERS, TO AMEND AND EXTEND THE CHILD CARE ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [8th July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions in relation to Act transferred to Child and Family Agency (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).

Establishment day

6. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

…

Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

…

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

Section 82.

…

Children Act 2001

…

C2
Functions transferred and terms “Department of Health” and “Minister for Health” construed (1.10.2012) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), arts. 2, 3, commenced as per art. 1(2), subject to transitional provisions in arts. 4-8.

…

2.— The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Health contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. —(1) The functions vested in the Minister for Health by or under the Child Care Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

…

C3
Functions in relation to Act transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

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

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

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

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1 Enactments

…

No. 24 of 2001

Children Act 2001

Sections 44(9), 171, 172, 173, 180(2), 181, 183(2), 186A(11), 238(4) and (5), 240 and 241

…

C4
Application of powers of District Court under Act in criminal proceedings relating to the protection of witnesses against intimidation extended (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 52(3)(a)(ii) and (10), commenced on enactment.

Taking of evidence.

52.— …

(3) For the purposes of this section the nominated judge—

(a) shall have the powers of the District Court in criminal proceedings, including its powers— …

(ii) under any enactment or rule of law relating to the protection of witnesses against intimidation,

…

(10) In subsection (3)(a)(ii) “enactment” includes the Criminal Law (Rape) Acts 1981 and 1990, Criminal Evidence Act 1992, Criminal Justice Act 1999 and Children Act 2001.

C5
Terms “Probation and Welfare Service,” “probation officer,” “welfare officer,” “probation and welfare officer” and “Director of the Probation and Welfare Service” construed (19.05.2006) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 13, commenced in accordance with s. 13(4).

References to Probation and Welfare Service, etc.

13.— (1) The officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known as the Probation and Welfare Service before the coming into operation of this section shall, on and after that date, be known as the Probation Service and, references in any enactment to the Probation and Welfare Service of that Department of State shall be construed accordingly.

(2) A person appointed by the Minister who was before the coming into operation of this section referred to as—

(a) a probation officer,

(b) a welfare officer, or

(c) a probation and welfare officer, shall, on and after that date, be referred to as a probation officer and, references in any enactment to an officer referred to in paragraph (a), (b) or (c) shall be construed accordingly.

(3) A person appointed by the Minister to the post referred to before the coming into operation of this section as the Director of the Probation and Welfare Service shall, on and after that date, be referred to as the Director of the Probation Service and, references in any enactment to the Director of the Probation and Welfare Service shall be construed accordingly.

(4) This section shall be deemed to have come into operation on 19 May 2006.

C6
Children detention school under the Act specified as a prescribed person for the purposes of the Civil Liability and Courts Act 2004 (31/2004), s. 40(4) (1.07.2005) by Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005), reg. 3 and sch. item 4.

3. The persons specified in the Schedule to this Order are prescribed for the purposes of section 40(4) of the Act of 2004.

SCHEDULE

Prescribed Persons

…

4. A children detention school under the Children Act 2001 (No. 24 of 2001).

…

C7
Application of collectively cited Child Care Acts 1991 and 2001 affected (23.12.2004) by Health Act 2004 (42/2004), s. 2 and sch. 1, S.I. No. 886 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Interpretation.

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

“health and personal social services” means services that immediately before the establishment day were provided under the Acts referred to in Schedule 1 by a specified body as defined in section 56 of this Act, and references in this Act to a health or personal social service are to be read as references to any of those services;

…

SCHEDULE 1

Acts Referred to in Definition of Health and Personal Social Services

…

11. Child Care Acts 1991 and 2001

…

Editorial Notes:

E1
Functions conferred on Health Information and Quality Authority include setting of standards on safety and quality in relation to services provided in accordance with the Act and collectively cited Child Care Acts 1991 and 2001 by the Health Service Executive, the Child and Family Agency or other service provider as provided by Health Act 2007, s. 8(1)(b), as substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 20 item 2, S.I. No. 502 of 2013.

E2
Previous affecting provision: functions in relation to Act transferred to the Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5; superseded (1.01.2014) by Child and Family Agency Act 2013 (40/2013), ss. 6, 82 and sch. 1, S.I. No. 502 of 2013 and S.I. No. 503 of 2013 (establishment day).

PART 1

Preliminary

Short title and collective citation.

1.—(1) This Act may be cited as the Children Act, 2001.

(2) Part 2, section 267 and the Child Care Act, 1991, may be cited together as the Child Care Acts, 1991 and 2001.

Commencement.

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

(2) (a) Parts 2 and 3 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, may be fixed generally in relation to either or both of these Parts or with reference to any particular purpose or provision thereof, and different days may be so fixed for different purposes and different such provisions.

F1[(aa) Part 5 shall come into operation 3 months after the passing of the Criminal Justice Act 2006.]

(b) Section 77 shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint.

(d) Part 10 shall come into operation on such day or days as, by order or orders made by the Minister F3[…], may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(e) Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint.

F4[(f) The amendments made to Part 11 in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint.]

Annotations

Amendments:

F1
Inserted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 121(a), S.I. No. 529 of 2006.

F2
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 121(b), S.I. No. 65 of 2007.

F3
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 121(c), S.I. No. 65 of 2007.

F4
Inserted (29.11.2006) by Criminal Justice Act 2006 (26/2006), s. 121(d), S.I. No. 586 of 2006.

Editorial Notes:

E3
Power pursuant to section exercised (23.07.2007) by Children Act 2001 (Commencement) (No. 3) Order 2007 (S.I. No. 524 of 2007).

2. The 23rd day of July 2007 is appointed as the day on which the Children Act 2001 (No. 24 of 2001) shall, in so far as it is not already in operation, come into operation.

E4
Power pursuant to section exercised (23.07.2007) by Children Act 2001 (Commencement) (No. 2) Order 2007 (S.I. No. 510 of 2007).

2. The 23rd day of July 2007 is fixed as the day on which Part 2 (in so far as it is not already in operation) of the Children Act 2001 (No. 24 of 2001) shall come into operation.

E5
Power pursuant to section exercised (1.03.2007) by Children Act 2001 (Commencement) Order 2007 (S.I. No. 64 of 2007).

2. The 1st day of March 2007 is fixed as the day which the Children Act 2001 (No. 24 of 2001), other than –

(a) section 7(1)(a),

(b) section 10(2),

(d) section 16, in so far as it relates to the insertion of section 23D of the Child Care Act 1991 (No. 17 of 1991), and

(e) section 77,

shall, in so far as not already in operation, come into operation.

E6
E7
Power pursuant to section exercised (23.09.2004) by Children Act 2001 (Commencement) (No. 2) Order 2004 (S.I. No. 548 of 2004).

2. The 23rd day of September 2004 is fixed as the day on which Parts 2 (other than sections 7(1)(a), 10(2) and 13(2)) and 3 (other than section 23D) of the Children Act 2001 (No. 24 of 2001) come into operation.

E8
Power pursuant to section exercised (29.07.2004) by Children Act 2001 (Commencement) Order 2004, S.I. No. 468 of 2004.

2. The 29th day of July 2004 is fixed as the day on which the following provisions of the Children Act 2001 (No. 24 of 2001) come into operation:

(a) Part 1 (other than section 5), sections 78 to 87, 267(2) and 268, and

(b) section 5, and Schedule 2, in so far as they relate to the provisions specified in the third column of the Schedule to this Order.

E9
Power pursuant to section exercised (7.11.2003) by Children Act 2001 ((Section 159)(1)) (Commencement) Order 2003, S.I. No. 741 of 2003.

3. The 7th day of November 2003 is fixed as the day on which section 159(1) of the Act of 2001 comes into operation with reference to section 230(3)(a) of the Act of 2001 and to that particular provision only.

E10
Power pursuant to section exercised (7.11.2003) by Children Act 2001 (Part 11) (Commencement) Order 2003 (S.I. No. 527 of 2003).

2. The 7th day of November 2003 is appointed as the day on which Part 11 of the Children Act 2001 (No. 24 of 2001) comes into operation.

E11
Power pursuant to section exercised (1.05.2002) by Children Act 2001 (Commencement) Order 2002, S.I. No. 151 of 2002.

2. The 1st day of May, 2002, is fixed as the day on which the Act shall come into operation with reference to the following provisions and purposes:

(a) sections 3, 4 and 6, in so far as their commencement is necessary for the purposes of the other provisions which are being brought into operation, either generally or with reference to any particular purpose, by this order,

(b) Parts 4, 6, (excluding section 59 and section 61(1)(b) in so far as it relates to a representative of a health board) and 7,

(d) section 93, in so far as it relates to proceedings before the Court against a child or in relation to a child under the provisions of Part 9 of the Act that are being brought into operation by this order,

(e) the definitions in section 95 of –

(i) “compensation order”,

(ii) “district”, for the purposes of sections 133 and 136, and

(iii) “district of residence” for the purposes of sections 134 and 136,

(f) section 97 and paragraphs (a), (b), (d) and (f) of section 98,

(g) section 98(g), in so far as it relates to an order under section 133,

(h) sections 108, 109 and 110 (except subsection (1)(b)(iii)),

(i) section 110(1)(b)(iii), in so far as it relates to an order under section 133,

(j) sections 113 and 114,

(k) section 115, in so far as it relates to paragraph (i),

(l) sections 116 (except subsection (1)(a)) and 117, in so far as they relate to an order under section 133,

(m) sections 133 to 135,

(n) section 136 (except the words “or another community sanction” in subsection (1)(a)(ii)),

(o) sections 138 to 140, in so far as they relate to an order under section 133,

(p) Part 12,

(q) sections 258, 260 (in so far as it refers to supervision by a juvenile liaison officer), 261 (in so far as it relates to an order under section 133), 264, 266, 267(1) and 269 to 271,

(r) Schedule 1,

(s) Schedule 2—

(i) in so far as it relates to the following enactments:

Vagrancy (Ireland) Act 1847,

Offences against the Person Act 1861;

Children Act (1908) Amendment Act 1910,

Courts of Justice Act 1924,

Criminal Law Amendment Act 1935, and

(ii) for the purposes of the repeal of the following provisions of other enactments specified in the Schedule:

the unrepealed portions of Part II, and sections 94, 96, 98 to 101, 102(1), 102(2), 111, 113 to 115, 121 and 123, of the Children Act 1908,

sections 24, 26 and 27 of the Children Act 1941,

section 4 of the Children (Amendment) Act 1957.

Interpretation (general).

3.—(1) In this Act, unless the context otherwise requires—

“Act of 1907” means the Probation of Offenders Act, 1907;

“Act of 1951” means the Criminal Justice Act, 1951;

“Act of 1967” means the Criminal Procedure Act, 1967;

“Act of 1984” means the Criminal Justice Act, 1984;

“Act of 1991” means the Child Care Act, 1991;

“action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80(1) or 82(2)(a), as the case may be;

“adult” means any person of or over the age of 18 years;

F5[“anti-social behaviour” is to be construed in accordance with section 257A(2);]

F6[…]

“child” means a person under the age of 18 years;

“children detention order” has the meaning assigned to it by section 142;

“children detention school” means—

(a) any certified reformatory school or industrial school that becomes a children detention school by virtue of F7[section 159,]

F7[(b) a place, school, premises or building designated as a children detention school pursuant to section 160, or]

F8[(c) an amalgamated school within the meaning of section 163A (inserted by section 14 of the Children (Amendment) Act 2015);]

“Commissioner” means the Commissioner of the Garda Síochána;

“community sanction” has the meaning assigned to it by section 115;

“Court”, in Parts 7 and 8, means the Children Court;

“criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;

“detention” means detention in a children detention school F9[…];

“family conference” means a conference convened by a probation and welfare officer pursuant to section 79;

“family welfare conference” means a conference convened by F10[the F11[Child and Family Agency]] pursuant to section 7;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956;

“guardian” means—

(a) any legal guardian of a child,

(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or

but does not include F10[the F11[Child and Family Agency]];

F9[…]

“juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part;

“legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964, or who is appointed to be his or her guardian by deed or will or by order of a court;

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act;

F7[“Minister” when used without qualification means the Minister for Justice and Equality, other than in subsections (4), (6), (9) and (11) of section 88, section 88A, section 88B and Part 10 where it means the Minister for Children and Youth Affairs;]

“parents”, in relation to a child, means—

(a) in case one parent has the sole custody, charge or care of the child, that parent,

(b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and

F7[“prescribed” means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, as appropriate;]

“principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;

“probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform;

“relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child;

“remand centre” means a centre designated as such under section 88;

F12[…]

“school” means a children detention school;

F13[“secondary victimisation” has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;]

F14[“special care order” has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991; ]

“summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property F5[and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour].

(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.

(3) For the purposes of 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 reference to some other provision 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:

F5
Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(a) and (g), S.I. No. 65 of 2007.

F6
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.

F7
Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 4(a)(i), (ii), (b) and (c), S.I. No. 539 of 2015.

F8
Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 4(a)(iii), S.I. No. 539 of 2015.

F9
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(c), (d) and (f), S.I. No. 65 of 2007.

F10
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 1, S.I. No. 887 of 2004.

F11
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F12
Deleted (31.03.2017) by Children (Amendment) Act 2015 (30/2015), s. 4(d), S.I. No. 111 of 2017.

F13
Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 34(1)(a), S.I. No. 530 of 2017.

F14
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 27, S.I. No. 637 of 2017.

Editorial Notes:

E12
Previous affecting provision: definition of “children detention school”, para. (b) amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(b), S.I. No. 65 of 2007; superseded as per F-note above.

E13
Previous affecting provision: definition of “Minister” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 122(e), S.I. No. 65 of 2007; superseded as per F-note above.

E14
Previous affecting provision: definition of “prescribed” amended (1.03.2007) by Criminal Justice Act 2006 (26/2006), s.122(f), S.I. No. 65 of 2007; superseded as per F-note above.

Laying of regulations before Houses of Oireachtas.

4.—Every regulation made by the Minister F15[…] or the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Amendments:

F15
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 1, S.I. No. 65 of 2007.

Repeals.

5.—(1) The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule; but the repeal shall not affect any notice or certificate given or any appointment or rules made under any of the repealed enactments and every such notice, certificate, appointment and rules shall have effect as if given or made under this Act.

(2) Every order, regulation and rule made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister F16[…] or the Minister for Health and Children may by regulations make for the purpose of bringing any such order, regulation or rule into conformity with this Act.

Annotations

Amendments:

F16
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 1, S.I. No. 65 of 2007.

Expenses.

6.—Any expenses incurred by the Minister F17[…] or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Annotations

Amendments:

F17
Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 1, S.I. No. 65 of 2007.

PART 2

Family Welfare Conferences

Convening of family welfare conference.

7.—(1) Where—

(a) F18[the F19[Child and Family Agency]] receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or

F21[(b) a family welfare conference is to be convened pursuant to section 23F (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991,]

F18[the F19[Child and Family Agency] shall] appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

(2) The coordinator shall act as chairperson of a family welfare conference.

(3) F18[The F19[Child and Family Agency]] may direct that a family welfare conference shall consider such matters in relation to the child as F18[the F19[Child and Family Agency]] considers appropriate.

Annotations

Amendments:

F18
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 2, S.I. No. 887 of 2004.

F19
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F20
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 2, S.I. No. 887 of 2004.

F21
Substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 28, S.I. No. 637 of 2017.

Modifications (not altering text):

C8
Application of section extended by Child Care Act 1991 (17/1991), s. 23F(5), as substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 10, S.I. No. 637 of 2017.

Determination by Health Service Executive that child requires special care.

23F.—[ …

(5) The Health Service Executive 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).]

Editorial Notes:

E15
Previous affecting provision: subs. (1)(b) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 2, S.I. No. 887 of 2004 and (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013; substituted as per F-note above.

Functions of conference.

8.—(1) F25[A family welfare conference]—

(a) F25[referred to in section 7(1)(b), shall consider whether] a child in respect of whom the conference is being convened F25[requires] special care F25[under Part IVA (as amended by the Child Care (Amendment) Act 2011)] of the Act of 1991,

(b) F25[referred to in section 7(1)(b), shall, if it is considered that the child requires special care], recommend to the F22[F23[Child and Family Agency]] that it should apply for F25[a special care order,]

(c) F25[referred to in section 7(1)(a) shall,] make such recommendations to the F22[F23[Child and Family Agency]] concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the F22[F23[Child and Family Agency]] should apply for F25[a care order, a supervision order, a special care order or other care] under the Act of 1991 F25[in respect of the child, and]

F26[(d) referred to in section 7(1)(b) shall, if it is considered that the child does not require special care, make such recommendations to the F23[Child and Family Agency] in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, care, other than special care, under the Act of 1991.]

(2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person’s agreement.

(3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2)), the matter shall be referred to the F24[F23[Child and Family Agency]] for determination.

Annotations

Amendments:

F22
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 3, S.I. No. 887 of 2004.

F23
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F24
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 3, S.I. No. 887 of 2004.

F25
Substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 29(a), (b), (c) and (d), S.I. No. 637 of 2017.

F26
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 29(e), S.I. No. 637 of 2017.

Modifications (not altering text):

C9
Application of section extended (4.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004), regs. 25(2)(n) and 26(9), the latter as amended (23.07.2007) by Child Care (Amendment) Act 2007 (26/2007), s. 21(2) and sch. part 2 item 3(b), S.I. No. 509 of 2007.

CASE RECORD

25. …

(2) A case record of a child kept by a health board in accordance with this regulation shall include, in so far as is reasonably practicable the following information and documents— …

(n) a copy of any recommendations made by a family welfare conference, in accordance with section 8 of the Act of 2001, made in respect of the child,

…

CARE PLAN

26. …

(9) A plan prepared under this regulation shall, in so far as is reasonably practicable, be consistent with any recommendations made by a family welfare conference in accordance with section 8 of the Act of 2001 and shall have due regard to any views given by the [Children Acts Advisory Board] in accordance with section 227(1)(e) of the Act of 2001.

…

Editorial Notes:

E16
Subs. (1)(d) 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 2 item 1, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above.

Persons entitled to attend conference.

9.—(1) The following persons shall be entitled to attend a family welfare conference—

(a) the child in respect of whom the conference is being convened,

(b) the parents or guardian of the child,

(d) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child’s parents or guardian,

F27[(e) an employee or employees of the F28[Child and Family Agency];]

(f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person’s knowledge of the child or the child’s family or because of his or her particular expertise.

(2) If, before or during a family welfare conference, the coordinator is of opinion that the presence or continued presence of any person is not in the best interests of the conference or the child, the coordinator may exclude that person from participation or further participation in the conference.

(3) The coordinator shall take all reasonable steps to ensure that notice of the time, date and place of a family welfare conference is given to every person who is entitled to attend.

(4) Failure to notify any person entitled to attend a family welfare conference, or failure of any such person to attend it, shall not invalidate its proceedings.

Annotations

Amendments:

F27
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 4, S.I. No. 887 of 2004.

F28
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

Procedure at conference.

10.—(1) Subject to the provisions of this Part or any regulations under section 15, a family welfare conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to any direction of the Children Court pursuant to section 77, a family welfare conference may be adjourned to a time and place to be determined by it.

(3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

F29[(4) The procedure referred to in subsection (1) shall—

(a) be consistent with fairness and natural justice, and

(b) include a procedure for consulting with the child and for ascertaining the wishes of the child in respect of whom the conference, referred to in subsection (1), has been convened.]

Annotations

Amendments:

F29
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 30, S.I. No. 637 of 2017.

Administrative services.

11.—F30[The F31[Child and Family Agency]] shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions.

Annotations

Amendments:

F30
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 5, S.I. No. 887 of 2004.

F31
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

Notification of recommendations of conference.

12.—The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference:

(a) the child in respect of whom the conference was convened,

(b) the parents or guardian of the child,

(d) any other persons who attended the conference,

F32[(e) the F33[Child and Family Agency];]

(f) if the child was referred to the F32[F33[Child and Family Agency]] by another body, that body, and

(g) any other body or persons who should, in the coordinator’s opinion, be so notified.

Annotations

Amendments:

F32
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 6, S.I. No. 887 of 2004.

F33
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

Action by health board on recommendations.

13.—(1) On receipt of the recommendations of a family welfare conference, the F34[F35[Child and Family Agency]] may—

(a) F36[…]

(b) apply for a care order or a supervision order under that Act, or

(c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference.

(2) Where a family welfare conference has been convened following a direction of the Children Court under section 77, the F34[F35[Child and Family Agency]] shall communicate with that Court in accordance with subsection (2) of that section.

Annotations

Amendments:

F34
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 pt. 11 item 7, S.I. No. 887 of 2004.

F35
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F36
Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 31, S.I. No. 637 of 2017.

Privilege.

14.—(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference.

(2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference.

(3) Section 51 shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held.

Regulations.

15.—The Minister for Health and Children may make regulations prescribing any or all of the following matters:

(a) the arrangements for convening a family welfare conference and the appointment and role of the coordinator,

(b) subject to section 9, the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

Annotations

Editorial Notes:

E17
Power pursuant to section exercised (24.09.2004) by Children (Family Welfare Conference) Regulations 2004 (S.I. No. 549 of 2004).

F37[

Transitional provisions relating to Health Act 2004.

15A.—(1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004.

(2) Where a family welfare conference convened under section 7 on behalf of a health board has not discharged its functions before the establishment day of the F38[Child and Family Agency], the conference shall be deemed to have been convened on behalf of the Executive.

(3) Where a direction given by a health board under section 7(3) to a family welfare conference is not complied with before the establishment day of the F38[Child and Family Agency], the direction shall be deemed to have been given to the Executive.

(4) Where a recommendation has been made or a matter has been referred to a health board by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the F38[Child and Family Agency], the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Executive.]

Annotations

Amendments:

F37
Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 11 item 8, S.I. No. 887 of 2004.

F38
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.

F39[

Transitional provisions relating to the Child and Family Agency Act 2013

15B.— (1) In this section, a reference to a provision of this Act is to that provision as it was before it was amended by the Child and Family Agency Act 2013.

(2) Where a family welfare conference convened under section 7 on behalf of the Health Service Executive has not discharged its functions before the establishment day of the Child and Family Agency, the conference shall be deemed to have been convened by or on behalf of the Agency.

(3) Where a direction given by the Health Service Executive under section 7(3) to a family welfare conference is not complied with before the establishment day of the Child and Family Agency, the direction shall be deemed to have been given by the Agency.

(4) Where a recommendation has been made or a matter has been referred to the Health Service Executive by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Child and Family Agency, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Agency.]

Annotations

Amendments:

F39
Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 2, S.I. No. 502 of 2013.

S.I. No. 549/2004 –

Children (Family Welfare Conference) Regulations 2004

STATUTORY INSTRUMENTS.

S.I. No. 549 of 2004 .

CHILDREN (FAMILY WELFARE CONFERENCE) REGULATIONS 2004

S.I. No. 549 of 2004 .

CHILDREN (FAMILY WELFARE CONFERENCE) REGULATIONS, 2004

REGULATION

CITATION

COMMENCEMENT.

DEFINITIONS.

WELFARE OF CHILD.

CONVENING OF A FAMILY WELFARE CONFERENCE.

ATTENDANCE AT A FAMILY WELFARE CONFERENCE.

PROCEDURES OF A FAMILY WELFARE CONFERENCE.

RECORDS.

FUNCTIONS OF CHIEF EXECUTIVE OFFICER.

10.

GENERAL DIRECTIONS BY THE MINISTER.

EXPLANATORY NOTE

S.I. No. 549 of 2004 .

CHILDREN (FAMILY WELFARE CONFERENCE) REGULATIONS 2004

I, BRIAN LENIHAN, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by section 15 of the Children Act 2001 (No. 24 of 2001), which said powers are delegated to me by the Health and Children (Delegation of Ministerial Functions) Order of 2003 ( S.I. No. 474 of 2003 ), hereby make the following Regulations:—

CITATION

1. These Regulations may be cited as the Children (Family Welfare Conference) Regulations 2004.

COMMENCEMENT

2. These Regulations shall come into operation on the 24th day of September 2004.

DEFINITIONS

3. In these regulations unless the context otherwise requires—

“coordinator” means a person appointed by a health board to convene a family welfare conference on its behalf and act as chairperson of that family welfare conference in accordance with section 7 of the Children Act 2001 ;

“family welfare conference” means a conference convened by a health board pursuant to section 7 of the Children Act 2001 ;

“guardian” means—

(a) any legal guardian of a child,

(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge or control over the child, or

“guardian ad litem” means a person appointed as guardian ad litem by a court under Part V of the Child Care Act 1991 as amended by the Children Act 2001 ;

“health board” means a board established under section 4 of the Health Act 1970 and the Eastern Regional Health Authority established under the Health (Eastern Regional Health Authority) Act 1999 ;

“parents” in relation to a child, means—

(a) in case one parent has the sole custody, charge or care of the child, that parent,

“the Act” means the Children Act 2001 ;

“the Act of 1991 as amended” means the Child Care Act 1991 as amended by the Children Act 2001 ;

“The Minister” means the Minister for Health and Children;

“relative” in relation to a child, means a brother, sister, uncle or aunt or a spouse of the brother, sister, uncle or aunt or a grandparent or step-parent, of the child;

WELFARE OF CHILD

4. In any matter relating to—

(a) the convening of a family welfare conference,

(b) the proceedings of a family welfare conference,

(d) drawing up recommendations in respect of a child,

the coordinator and the participants in the family welfare conference 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 as far as is reasonably practicable and subject to the obligation on the part of the health board to promote the health, safety, development and welfare of the child, give due consideration, having regard to his or her age and understanding, to the wishes of the child.

CONVENING OF A FAMILY WELFARE CONFERENCE

5. (1) Upon the appointment of a coordinator pursuant to Section 7 of the Act, the coordinator shall convene a family welfare conference and determine the date, time and place at which the family welfare conference is to be held.

(2) Before determining the date, time and place at which the family welfare conference is to be held, a coordinator shall, in as far as is reasonably practicable, consult the child in respect of whom the family welfare conference is being convened and his or her parents or guardian in relation to—

(a) the date, time and place at which the family welfare conference is to be held;

(b) subject to the provisions of section 9 of the Act and these regulations, the person who shall be entitled to attend the family welfare conference;

(c) subject to the provisions of section 10 of the Act and these regulations, the procedure to be adopted at the family welfare conference.

(3) Subject to the provisions of paragraph (2) a coordinator shall, as far as is reasonably practicable, ensure that those entitled to attend a family welfare conference are informed in writing of the date, time and place at which the family welfare conference is to be held.

(4) A health board shall, as far as is reasonably practicable, provide a coordinator with any information which is necessary for the proper functioning of the family welfare conference, which it may possess about a child in respect of whom a family welfare conference is being convened, and his or her family, before the family welfare conference is held.

(5) A family welfare conference may be adjourned from time to time by the coordinator and be reconvened at a date, time and place determined by the coordinator, having consulted in accordance with the provisions of regulation 5(2)(a), subject to any directions which may be made by a court.

(6) A health board may, at any time after a family welfare conference is convened and before the family welfare conference takes place, instruct a coordinator to adjourn a family welfare conference, for the purpose of arranging an assessment of the child, in respect of whom the family welfare conference is being convened and shall, as soon as is reasonably practicable, inform the coordinator as to the earliest date on which the family welfare conference may be reconvened.

(7) Where a family welfare conference is adjourned the coordinator shall, as far as is reasonably practicable, inform every person entitled to attend the family welfare conference under section 9 of the Act.

ATTENDANCE AT A FAMILY WELFARE CONFERENCE

6. (1) Where a person attends a family welfare conference to provide information or advice pursuant to Section 10(3) of the Act, that person may attend the family welfare conference only for the purpose of providing that information or advice, except with the agreement of the coordinator.

(2) Subject to the provisions of Section 14(3) of the Act a person may attend a family welfare conference for the purposes of bona fide research, subject to the agreement of the coordinator and the health board and with the consent of the child’s parents or guardian and as far as is reasonably practicable, the child, having regard to his or her age and understanding and no material arising from such research may be published or broadcast without the prior approval of the health board.

(3) No person may attend any part of the proceedings of a family welfare conference held in accordance with regulation 7(3) for the purpose of research.

(4) Without prejudice to regulation 7(7) any person who attends part or all of the proceedings of a family welfare conference shall not disclose confidential information obtained by him or her while participating (or as a result of having participated) as a member of a family welfare conference, save where the disclosure of such information is necessary to safeguard the safety and welfare of a child and is only disclosed to the health board or a member of the Garda Síochána.

(5) In paragraph (4) confidential means that which is expressed to be confidential either as regards particular information or information of a particular class or description.

PROCEDURES OF A FAMILY WELFARE CONFERENCE

7. (1) The coordinator shall determine the procedures to be followed by the family welfare conference, subject to the provisions of the Act and these regulations and any general directions that may be made by the Minister.

(2) The coordinator shall, as far as is reasonably practicable, inform each person entitled to attend a conference, in writing, of the procedures and objectives of the conference.

(3) In the course of the proceedings of the conference the coordinator shall allocate such time, on such occasions, as he or she may think is reasonably necessary, to the child and his or her parents or guardian and, where appropriate, relatives to consider any aspect of the proceedings or any recommendations that the conference proposes to make and such time shall be known as the family’s private time.

(4) Where a coordinator allocates time to the child and his or her family in accordance with paragraph (3) any other person may attend at the request of the child and his or her parents or guardian or relative, subject to the agreement of the coordinator.

(5) Where a coordinator considers that it will not be possible to obtain unanimous agreement (disregarding any disagreement mentioned in section 8(2) of the Act), with regard to recommendations, in accordance with the provisions of Section 8 of the Act, he or she shall inform the health board and the board shall make a determination in respect of the child.

(6) Where a person entitled or invited to attend a family welfare conference informs a coordinator that he or she is unable to attend, the coordinator shall, as far as is reasonably practicable, ascertain the views of that person, if any, in respect of the purpose of the family welfare conference and ensure that those views are made known to the family welfare conference.

(7) The coordinator shall ensure that a record is kept of any decisions or recommendations made by the coordinator or the family welfare conference including any recommendations made by any person or persons attending the family welfare conference and shall submit those records to the health board on completion of the family welfare conference.

(8) In the course of its proceedings the family welfare conference shall, as far as is reasonably practicable, have regard to the individual needs, religion, ethnic and cultural background of the child and his or her parents or guardian and the language mainly spoken by the child and his or her family or guardian.

(9) The provisions of paragraph (8) are subject to:

(a) the duty of the health board and the family welfare conference to promote the health, safety, development and welfare of the child and

(b) the requirements for the proper functioning of the family welfare conference.

RECORDS

8. (1) A health board shall maintain a record in relation to each child in respect of whom a family welfare conference has been convened under section 7 of the Act and the records shall as far as is reasonably practicable include:

(a) a copy of the birth certificate of the child,

(b) the name(s) and address(es) of the child’s parents or guardian and any guardian ad litem,

(d) any medical, psychological, social and educational reports on the child, including background information on the child’s family,

(e) a record of any services offered to or availed of by the child and his or her family provided under the Act of 1991 as amended, and

(f) a record of any order made under sections 13, 17, 18, 19, 23B or 23C of the Act of 1991 as amended or any other order made by a court, in respect of the child.

(2) A health board shall maintain a record of each family welfare conference that is convened in accordance with section 7 of the Act and the record shall, as far as is reasonably practicable include:

(a) the decision or recommendations of the family welfare conference as recorded and submitted by the coordinator under regulation 7(7),

(b) the persons who attended part or all of the proceedings of the family welfare conference and the capacity in which they attended the family welfare conference, and

(c) the persons who were requested by a coordinator to attend part or all of the proceedings and who did not attend part or all of the proceedings and the reasons therefore.

(3) Every record kept by a health board under this regulation shall be preserved in perpetuity.

FUNCTIONS OF CHIEF EXECUTIVE OFFICER

9. 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 as amended.

GENERAL DIRECTIONS BY THE MINISTER

10. The Minister may give general directions which are not inconsistent with these regulations or the provisions of Part 2 of the Act for the purposes of enabling these regulations to have full effect and for their due administration.

GIVEN under my hand, 24th day of September, 2004.

BRIAN LENIHAN,

Minister of State at the Department of Health and Children.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations prescribe certain matters in relation to family welfare conferences under Part 2 of the Children Act 2001 for the purposes of enabling the provisions of Part 2 to have full effect and for its due administration.

Welfare Conference

CHILDREN ACT 2001

Interpretation (general).

Family Welfare Conferences

Convening of family welfare conference.

Functions of conference.

Persons entitled to attend conference.

Procedure at conference.

Administrative services.

Notification of recommendations of conference.

Action by health board on recommendations.

Privilege.

Regulations.

Transitional provisions relating to Health Act 2004.

Transitional provisions relating to the Child and Family Agency Act 2013

Children (Family Welfare Conference) Regulations 2004

EXPLANATORY NOTE.

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