{"id":27538,"date":"2023-09-17T14:15:50","date_gmt":"2023-09-17T14:15:50","guid":{"rendered":"https:\/\/legalblog.ie\/?p=27538"},"modified":"2024-03-23T15:04:43","modified_gmt":"2024-03-23T15:04:43","slug":"parental-sanctions","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/parental-sanctions\/","title":{"rendered":"Parental Sanctions"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/#Parental_Supervision_Order\" title=\"Parental Supervision Order\">Parental Supervision Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/#Criteria_for_Order\" title=\"Criteria for Order\">Criteria for Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/#Failure_of_Compliance\" title=\"Failure of Compliance\">Failure of Compliance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/#Procedure\" title=\"Procedure\">Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/#Recognisance\" title=\"Recognisance\">Recognisance<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/#Forfeiture_of_Recognisance\" title=\"Forfeiture of Recognisance\">Forfeiture of Recognisance<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/2\/#Parental_supervision_order\" title=\"Parental supervision order.\">Parental supervision order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/2\/#Non-compliance_with_parental_supervision_order\" title=\"Non-compliance with parental supervision order.\">Non-compliance with parental supervision order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/2\/#Compensation_by_parent_or_guardian\" title=\"Compensation by parent or guardian.\">Compensation by parent or guardian.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/parental-sanctions\/2\/#Binding_over_of_parent_or_guardian\" title=\"Binding over of parent or guardian.\">Binding over of parent or guardian.<\/a><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Parental_Supervision_Order\"><\/span>Parental Supervision Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A parental supervision order may be made in proceedings where a child is found guilty of an offence.\u00a0 \u00a0It may be made in the context where the court is satisfied that the child&#8217;s parents\u2019 wilful failure to take care or control of the child has contributed to the child&#8217;s offending. The order may be up to six months in duration.<\/p>\n<p>The court will appoint a probation officer to supervise the parents&#8217; and child&#8217;s compliance. The order may contain conditions requiring persons to undergo treatment for alcohol or substance abuse where facilities are reasonably available to participate in courses for the improvement of parental skills to adequately supervise the child to the best of their ability and comply with court directions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Criteria_for_Order\"><\/span>Criteria for Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court must be satisfied they have considered the parents&#8217; family and social circumstances and the likely effect of the order in those circumstances. The order might be proposed by a probation report.<\/p>\n<p>The court considers the information regarding the parental family and social circumstances.\u00a0 The probation report outlines the parent&#8217;s suitability for the order and whether the parent\u2019s consent.\u00a0 The court will allow the parents to be heard.\u00a0 If deemed appropriate, a parental supervision order may be made.\u00a0 The order is to specify that a child is under probation supervision and that the same probation officer is appointed to supervise the parental supervision order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Failure_of_Compliance\"><\/span>Failure of Compliance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If there is a failure of compliance, the probation officer may return the case to the court.\u00a0 It may revoke the offer, make an order binding on the parent, an order requiring the parent or guardian to pay compensation or treat the failure to comply as contempt of court.<\/p>\n<p>Where a court is satisfied in relation to the guilt of a child and that the appropriate way of dealing with the atter is to make a compensation order whether alone or with other orders, it may order that compensation be paid by the parent or guardian instead of by the child.<\/p>\n<p>It may not order compensation to be paid, unless it is satisfied that a wilful failure of the parent or guardian to take care of or control the child contributed to the child&#8217;s criminal behaviour.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedure\"><\/span>Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An order may not be made without giving the parent or guardian etc. the opportunity to be heard.\u00a0 An order imposed may be recovered in the same manner as if made on conviction of the parent or guardian for the offence of which the child was found guilty.<\/p>\n<p>In determining whether to order a parent to pay compensation and in determining the amount of the compensation, the court shall have regard to the present and future means of the parents or guardians in so far as they are known to the court.<\/p>\n<p>A parent or guardian the subject of a compensation order may appeal against it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Recognisance\"><\/span>Recognisance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a court is satisfied of the guilt of a child, it may order the parent or guardian, with his consent, to enter into a recognisance to exercise proper and adequate control over the child.\u00a0 If the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, it may treat the refusal as if it were a contempt of court.<\/p>\n<p>An order may not require a parent or guardian to enter a recognisance<\/p>\n<ul>\n<li>for an amount exceeding \u20ac317,<\/li>\n<li>where the child will attain 18 years within three years, or in any case<\/li>\n<li>for off more than three years.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Forfeiture_of_Recognisance\"><\/span>Forfeiture of Recognisance<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Rules generally in relation to forfeiture of recognisances apply, as it applies in the context of recognisances to keep peace or to be of good behaviour or both.<\/p>\n<p>A recognisance entered by a parent may be forfeited only if the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his committing the offence.<\/p>\n<p>In fixing the amount of the recognisance, the court is to have regard to the present and future means.\u00a0 \u00a0The parent or guardian may appeal against an order.\u00a0 The court may vary or revoke an order, on application, having regard to the \u00a0change in circumstances since it was made, if it is in the interests to so do.\u00a0 No order may be made without giving the parent or guardian concerned, an opportunity to be heard.<\/p>\n<h2><!--nextpage-->CHILDREN ACT 2001<\/h2>\n<p>&nbsp;<\/p>\n<h4>Parental supervision order.<\/h4>\n<p>111.\u2014(1) In any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child\u2019s parents (a \u201cparental supervision order\u201d) where it is satisfied that a wilful failure of the child\u2019s parents to take care of or control the child contributed to the child\u2019s criminal behaviour.<\/p>\n<p>(2) Subject to subsection (3), the court may make a parental supervision order in addition to any other order it may make in relation to either the child or the child\u2019s parents.<\/p>\n<p>(3) The court may not make an order under section 114 at the same time as a parental supervision order.<\/p>\n<p>(4) Before making a parental supervision order, the court shall obtain and consider information about the parents\u2019 family and social circumstances and the likely effect of the order on those circumstances.<\/p>\n<p>(5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard.<\/p>\n<p>(6) A parental supervision order may order the parents of the child to do any or all of the following:<\/p>\n<p>(a) to undergo treatment for alcohol or other substance abuse, where facilities for such treatment are reasonably available,<\/p>\n<p>(b) to participate in any course that is reasonably available for the improvement of parenting skills,<\/p>\n<p>(c) adequately and properly to control or supervise the child to the best of their ability, except where the terms of any community sanction imposed on the child make such control or supervision impracticable,<\/p>\n<p>(d) to comply with any other instructions of the court that would in its opinion assist in preventing the child from committing further offences.<\/p>\n<p>(7) A parental supervision order shall be made for a period not exceeding 6 months.<\/p>\n<p>(8) The court shall appoint a probation and welfare officer to supervise the parents, to assist them in complying with the order and to monitor compliance with it.<\/p>\n<p>(9) When making a parental supervision order, the court shall have regard to any order it has made or is making in respect of the child concerned and, where any such order involves the supervision of the child by a probation and welfare officer, that officer shall also be appointed to supervise the child\u2019s parents.<\/p>\n<p>(10) A parental supervision order shall specify\u2014<\/p>\n<p>(a) where appropriate, the address of any place where the parents may undergo treatment or participate in any course for the improvement of parenting skills,<\/p>\n<p>(b) any particular requirements of the court in relation to the control or supervision of the child,<\/p>\n<p>(c) any other instructions of the court, and<\/p>\n<p>(d) the period during which the order is to be in force,<\/p>\n<p>and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it.<\/p>\n<p>(11) Where for any reason the court considers that a parental supervision order should be made in respect of one parent only, the order may provide accordingly, notwithstanding that both parents have the custody, charge or care of the child.<\/p>\n<p>(12) A parent who is the subject of a parental supervision order may appeal against the order.<\/p>\n<h4>Non-compliance with parental supervision order.<\/h4>\n<p>112.\u2014(1) Where a parental supervision order is in force and it appears to the court, on application by the probation and welfare officer who is supervising the parents, that the parents have failed, without reasonable excuse (the proof of which shall lie on the parent or parents concerned), to comply with the order, the court may\u2014<\/p>\n<p>(a) if the order was made by a court in the district of residence, do one or more of the following:<\/p>\n<p>(i) revoke the order,<\/p>\n<p>(ii) make an order under section 114,<\/p>\n<p>(iii) if it has not already done so, make an order under section 113, or<\/p>\n<p>(iv) treat the failure to comply with the order for all purposes as if it were a contempt in the face of the court,<\/p>\n<p>or<\/p>\n<p>(b) if the order was made by another court, remand the parents on bail to a sitting of that other court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications.<\/p>\n<p>(2) The matters which the court may take into account when making a decision pursuant to subsection (1) shall include the extent to which, and any period during which, the parents complied with the parental supervision order.<\/p>\n<p>(3) Where a court proposes to exercise its powers under subsection (1), it shall summon the parents to appear before it and, if the parents do not do so, may issue a warrant for their arrest.<\/p>\n<p>(4) The jurisdiction vested in the Circuit Court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the circuit where the parental supervision order was made.<\/p>\n<p>(5) The jurisdiction vested in the Children Court or the District Court in respect of those proceedings shall be exercised by the judge for the time being assigned to the district of residence or, as the case may be, the district where the parental supervision order was made.<\/p>\n<h4>Compensation by parent or guardian.<\/h4>\n<p>113.\u2014(1) Where a court is satisfied of the guilt of a child and that the appropriate way of dealing with the case is to make a compensation order (whether in addition to or instead of any other order), it may order that the compensation be paid by the parent or guardian of the child instead of by the child.<\/p>\n<p>(2) The court may not order that the compensation be paid by a parent or guardian unless it is satisfied that a wilful failure of the parent or guardian to take care of or to control the child contributed to the child\u2019s criminal behaviour.<\/p>\n<p>(3) An order may not be made under subsection (1) without giving the parent or guardian concerned an opportunity to be heard.<\/p>\n<p>(4) Any sums imposed and ordered to be paid by a parent or guardian under this section may be recovered in like manner as if the order had been made on the conviction of the parent or guardian of the offence of which the child was found guilty.<\/p>\n<p>(5) In determining whether to order a parent or guardian to pay compensation in accordance with subsection (1) and in determining the amount of the compensation, the court shall have regard to the present and future means of the parent or guardian in so far as they appear or are known to the court and for that purpose the court may require the parent or guardian to give evidence as to those means and his or her financial commitments.<\/p>\n<p>(6) A parent or guardian who is the subject of a compensation order may appeal against the order.<\/p>\n<p>(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993, any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.<\/p>\n<p>(8) This section does not apply in relation to any person who is taking care of a child on behalf of F113[the F114[Child and Family Agency]].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F113<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 14, S.I. No. 887 of 2004.<\/p>\n<p>F114<br \/>\nSubstituted (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.<\/p>\n<h4>Binding over of parent or guardian.<\/h4>\n<p>114.\u2014(1) Where a court is satisfied of the guilt of a child it may\u2014<\/p>\n<p>(a) order the parent or guardian, with his or her consent, to enter into a recognisance to exercise proper and adequate control over the child, and<\/p>\n<p>(b) if the parent or guardian refuses to consent to such an order and the court considers the refusal unreasonable, treat the refusal for all purposes as if it were a contempt of court.<\/p>\n<p>(2) An order under subsection (1)(a) may not require a parent or guardian to enter into a recognisance\u2014<\/p>\n<p>(a) for an amount exceeding \u00a3250,<\/p>\n<p>(b) where the child concerned will attain the age of 18 years within a period which is less than 3 years, for a period exceeding that period, or<\/p>\n<p>(c) in any other case, for a period exceeding 3 years.<\/p>\n<p>(3) Any rule of law relating to the forfeiture of recognisances shall apply to an order made under this section in relation to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace or to be of good behaviour or both.<\/p>\n<p>(4) A recognisance entered into by a parent or guardian in accordance with this section may be forfeited only if\u2014<\/p>\n<p>(a) the child concerned is found guilty by a court of another offence committed during the period of the recognisance, and<\/p>\n<p>(b) the court is satisfied that the failure of the parent or guardian to exercise proper and adequate control over the child contributed to his or her committing that offence.<\/p>\n<p>(5) In fixing the amount of a recognisance under this section, the court, among other considerations, shall have regard to the present and future means of the parent or guardian concerned in so far as they appear or are known to the court and for that purpose may require the parent or guardian to give evidence as to those means and his or her financial commitments.<\/p>\n<p>(6) The parent or guardian may appeal against an order under this section.<\/p>\n<p>(7) The court may vary or revoke an order made by it under this section if, on the application of the parent or guardian concerned, it appears to the court, having regard to any change in circumstances since the order was made, to be in the interests of justice to do so.<\/p>\n<p>(8) An order under this section shall be in addition to or instead of any other order which the court may make.<\/p>\n<p>(9) No order shall be made under this section without giving the parent or guardian an opportunity of being heard.<\/p>\n<p>(10) When deciding whether to make an order under this section, the court, in addition to and without prejudice to any other consideration, shall have regard to the age and level of maturity of the child.<\/p>\n<p>(11) This section does not apply in relation to any person who is taking care of a child on behalf of F115[the F116[Child and Family Agency]].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F115<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 11 item 15, S.I. No. 887 of 2004.<\/p>\n<p>F116<br \/>\nSubstituted (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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-27538\" data-postid=\"27538\" class=\"themify_builder_content themify_builder_content-27538 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Parental Supervision Order A parental supervision order may be made in proceedings where a child is found guilty of an offence.\u00a0 \u00a0It may be made in the context where the court is satisfied that the child&#8217;s parents\u2019 wilful failure to take care or control of the child has contributed to the child&#8217;s offending. The order [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[174],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27538"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=27538"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27538\/revisions"}],"predecessor-version":[{"id":33912,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27538\/revisions\/33912"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=27538"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=27538"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=27538"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}