{"id":28468,"date":"2023-10-28T20:22:40","date_gmt":"2023-10-28T20:22:40","guid":{"rendered":"https:\/\/legalblog.ie\/?p=28468"},"modified":"2024-03-16T11:00:34","modified_gmt":"2024-03-16T11:00:34","slug":"care-proceedings","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/care-proceedings\/","title":{"rendered":"Care Proceedings"},"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 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/care-proceedings\/#Protection_of_Children_in_Emergencies\" title=\"Protection of Children in Emergencies\">Protection of Children in Emergencies<\/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\/care-proceedings\/#Care_Proceedings\" title=\"Care Proceedings\">Care Proceedings<\/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\/care-proceedings\/#Supervision_Order\" title=\"Supervision Order\">Supervision Order<\/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\/care-proceedings\/#Other_Custody_Orders\" title=\"Other Custody Orders\">Other Custody Orders<\/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\/care-proceedings\/#Appeal\" title=\"Appeal\">Appeal<\/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\/care-proceedings\/#Jurisdiction_and_Procedure\" title=\"Jurisdiction and Procedure\">Jurisdiction and Procedure<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#CHILD_CARE_ACT_1991\" title=\"CHILD CARE ACT 1991\">CHILD CARE ACT 1991<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/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\/care-proceedings\/2\/#Functions_of_Child_and_Family_Agency\" title=\"Functions of Child and Family Agency\">Functions of Child and Family Agency<\/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\/care-proceedings\/2\/#Voluntary_care\" title=\"Voluntary care.\">Voluntary care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Provision_of_adoption_service\" title=\"Provision of adoption service.\">Provision of adoption service.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Child_care_advisory_committees\" title=\"Child care advisory committees.\">Child care advisory committees.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Review_of_services\" title=\"Review of services.\">Review of services.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Provision_of_services_by_voluntary_bodies_and_other_persons\" title=\"Provision of services by voluntary bodies and other persons.\">Provision of services by voluntary bodies and other persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Research\" title=\"Research.\">Research.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Power_of_Garda_Siochana_to_take_a_child_to_safety\" title=\"Power of Garda S\u00edoch\u00e1na to take a child to safety.\">Power of Garda S\u00edoch\u00e1na to take a child to safety.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Emergency_care_order\" title=\"Emergency care order.\">Emergency care order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Notification_to_be_given_by_Child_and_Family_Agency\" title=\"Notification to be given by Child and Family Agency\">Notification to be given by Child and Family Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Provision_of_accommodation_for_purposes_of_Part_III\" title=\"Provision of accommodation for purposes of Part III.\">Provision of accommodation for purposes of Part III.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Care_Proceedings-2\" title=\"Care Proceedings\">Care Proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Duty_of_Child_and_Family_Agency_to_institute_proceedings\" title=\"Duty of Child and Family Agency to institute proceedings.\">Duty of Child and Family Agency to institute proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Interim_care_order\" title=\"Interim care order.\">Interim care order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Care_order\" title=\"Care order.\">Care order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Supervision_order\" title=\"Supervision order.\">Supervision order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Proceedings_under_Guardianship_of_Infants_Act_1964_Judicial_Separation_and_Family_Law_Reform_Act_1989_etc\" title=\"Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.\">Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Effect_of_appeal_from_orders\" title=\"Effect of appeal from orders.\">Effect of appeal from orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Variation_or_discharge_of_orders_etc\" title=\"Variation or discharge of orders etc.\">Variation or discharge of orders etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Powers_of_court_in_case_of_invalidity_of_orders\" title=\"Powers of court in case of invalidity of orders.\">Powers of court in case of invalidity of orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Power_of_court_to_join_child_as_a_party_and_costs_of_child_as_a_party\" title=\"Power of court to join child as a party and costs of child as a party.\">Power of court to join child as a party and costs of child as a party.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Appointment_of_guardian_ad_litem_for_a_child\" title=\"Appointment of guardian ad litem for a child.\">Appointment of guardian ad litem for a child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Power_to_procure_reports_on_children\" title=\"Power to procure reports on children.\">Power to procure reports on children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Jurisdiction\" title=\"Jurisdiction.\">Jurisdiction.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Hearing_of_proceedings\" title=\"Hearing of proceedings.\">Hearing of proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Power_to_proceed_in_absence_of_child\" title=\"Power to proceed in absence of child.\">Power to proceed in absence of child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Prohibition_on_publication_or_broadcast_of_certain_matters\" title=\"Prohibition on publication or broadcast of certain matters.\">Prohibition on publication or broadcast of certain matters.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Presumption_and_determination_of_age\" title=\"Presumption and determination of age.\">Presumption and determination of age.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Rules_of_court\" title=\"Rules of court.\">Rules of court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Failure_or_refusal_to_deliver_up_a_child\" title=\"Failure or refusal to deliver up a child.\">Failure or refusal to deliver up a child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Warrant_to_search_for_and_deliver_up_a_child\" title=\"Warrant to search for and deliver up a child.\">Warrant to search for and deliver up a child.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Guardians_ad_Litem\" title=\"Guardians ad Litem\">Guardians ad Litem<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Children_in_the_Care_of_Child_and_Family_Agency\" title=\"Children in the Care of\u00a0 Child and Family Agency\">Children in the Care of\u00a0 Child and Family Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Accommodation_and_maintenance_of_children_in_care\" title=\"Accommodation and maintenance of children in care.\">Accommodation and maintenance of children in care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Access_to_children_in_care\" title=\"Access to children in care.\">Access to children in care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Provision_of_residential_care_by_Child_and_Family_Agency\" title=\"Provision of residential care by Child and Family Agency\">Provision of residential care by Child and Family Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Regulations_as_to_foster_care\" title=\"Regulations as to foster care.\">Regulations as to foster care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Regulations_as_to_residential_care\" title=\"Regulations as to residential care.\">Regulations as to residential care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Regulations_as_to_placement_with_relatives\" title=\"Regulations as to placement with relatives.\">Regulations as to placement with relatives.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Review_of_cases_of_children_in_care\" title=\"Review of cases of children in care.\">Review of cases of children in care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Removal_from_placement\" title=\"Removal from placement.\">Removal from placement.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Orders_relating_to_children_in_care_of_same_foster_parent_or_relative_for_five_years_or_more\" title=\"Orders relating to children in care of same foster parent or relative for five years or more.\">Orders relating to children in care of same foster parent or relative for five years or more.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Variation_discharge_or_cessation_of_order\" title=\"Variation, discharge or cessation of order\">Variation, discharge or cessation of order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Children_who_become_adopted\" title=\"Children who become adopted.\">Children who become adopted.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Recovery_of_children_removed_from_care_etc\" title=\"Recovery of children removed from care etc.\">Recovery of children removed from care etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Application_for_directions\" title=\"Application for directions.\">Application for directions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/care-proceedings\/2\/#Transitional_provisions\" title=\"Transitional provisions.\">Transitional provisions.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Protection_of_Children_in_Emergencies\"><\/span>Protection of Children in Emergencies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>This Part enables the Gardai or CFA staff to intervene quickly where there is an immediate and serious threat to the safety and welfare of a child.<\/p>\n<p>The Gardai may remove to safety, without warrant, a child who is in immediate danger where it would not be sufficient to await the making of an application for an emergency care order by the CFA under section 13. Any child so removed must be delivered up to the CFA, which must apply for an emergency care order. The child may be retained in the custody of the board for a maximum of three days pending the bearing of that application.<\/p>\n<p>A District Justice may make an emergency care order requiring that a child be placed or maintained in the care of the CFA for up to 8 days where there is an immediate and serious risk to bis safety. Parents are to be informed when a child is taken into care under this Part. The CFA to ensure that there is adequate accommodation avail\u00ad able for the purposes of this Part.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Care_Proceedings\"><\/span>Care Proceedings<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>This Part enables the courts to place children who have been assaulted, ill-treated, neglected or sexually abused or who are at risk in the care of or under the supervision of the CFA.<\/p>\n<p>There is a statutory duty on the CFA to apply for a care order or a supervision order, as appropriate, whenever it appears to the board that the conditions required for the making of an order exist with respect to a child. A district justice to make an interim care order where there is reasonable cause to believe that grounds exist for the making of a care order and that it is necessary for the protection of the child that he be placed or remain in care pending the determination of an application for a care order.<\/p>\n<p>A care order suspends the parents&#8217; right to custody of the child and place him in the custody of the CFA. In order to obtain a care order, it is necessary for the CFA to satisfy the court that-<\/p>\n<ul>\n<li>the child has been or is being assaulted, ill-treated, neglected or sexually abused, or<\/li>\n<li>the child&#8217;s health, development or welfare has been or is being avoidably impaired or neglected, or<\/li>\n<li>there are reasonable grounds for believing that bis health, development or welfare is likely to be avoidably im\u00ad paired or neglected,<\/li>\n<\/ul>\n<p>and that the child requires care or protection which is unlikely to receive unless he is placed in the care of the CFA.<\/p>\n<p>While a care order is in force, the CFA shall have like control over the child as if it were his parent and shall do what is reasonable to promote the child&#8217;s welfare.<\/p>\n<p>A care order would remain in force until the child attained the age of 18 (or for such shorter period as the court may determine) unless 1t was successfully challenged by the parents or discharged by the court because of changed circumstances.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Supervision_Order\"><\/span>Supervision Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may make a supervision order where it is satisfied that there are reasonable grounds for believing that the grounds set out exist with respect to the child. Thus, the standard of proof required to obtain a supervision order will be less than that required for a care order.<\/p>\n<p>This would authorise the CFA to have a child visited in bis home to ensure that he was being cared for properly. The court would also have power to direct the parents to bring the child to a day care centre, child guidance clinic, hospital etc. A supervision order shall remain in force for up to 12 months.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Custody_Orders\"><\/span>Other Custody Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a link between the Act and the Guardianship of Infants Act, 1964, the Judicial Separation and Family Law Reform Act, 1989 and any other proceedings for the delivery or return of a child.<\/p>\n<p>In any such proceedings, the court will be able to refuse to grant custody to either or both of the parents and instead place the child in the care of the CFA or, alternatively, to grant custody to one or both parents subject to the child being supervised by the CFA under a supervision order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeal\"><\/span>Appeal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An appeal from an order under this Part shall not stay the operation of the order unless the court so directs. The court may vary or discharge orders. A court, which finds or declares that a care order is invalid, may refuse to order the return of the child to his parents if this would not be in his best interests; instead it may either make a new care order or remit the matter to the relevant District Court so that it can consider the need to make a new care order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Jurisdiction_and_Procedure\"><\/span>Jurisdiction and Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Court is to have regard to the rights and duties of parents, to regard the welfare of the child as the first and paramount consideration in any proceeding in relation to the care and protection of a child.<\/p>\n<p>A court has power to make a child a party to all or part of care proceedings and to appoint a solicitor to represent the child in any case where the court is satisfied that this is necessary in the interests of the child. Where a solicitor is appointed by order of the court, the costs and expenses, including solicitors\u2019 fees, incurred will be paid by the CFA involved in the proceedings unless the court orders otherwise.<\/p>\n<p>The court, of its own motion or on the application of any party, may procure a report from any person on any question affecting the welfare of the child. A copy of any such report is to be made available to the counsel or solicitor of each of the parties or, if any of the parties is not represented, it is to be made available to that party. The reports may be received in evidence at the proceedings and the person making the report may be called as a witness.<\/p>\n<p>There is jurisdiction to hear and determine care proceedings on the District Court and the Circuit Court on appeal. Care proceedings will be heard in private and will be as informal as possible.<\/p>\n<p>A child involved in care proceedings need not be brought before the court for all or any part of the hearing unless the court so directs. The Act prohibits the publication or broadcast of any matter that would serve to identify a child who is the subject of care proceedings.<\/p>\n<p>There are\u00a0 \u00a0presumptions concerning and provision for determination of age by the court. Rules of court may be made to facilitate proceedings under the Act. It is an offence for a person to fail or refuse to deliver up a child to the CFA when an emergency care order, an interim care order or a care order is made. Section 34 enables a justice making an interim care order or a care order to issue a warrant to the Gardai to search for the child and deliver him up to the CFA.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CHILD CARE ACT 1991<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 September 2023<\/p>\n<p>PART I<\/p>\n<p>Preliminary<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Child Care Act, 1991.<\/p>\n<p>(2) This Act shall 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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nPower pursuant to section exercised (23.09.2004) by Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004). In relation to para. (2) below, Children Act 1908 was repealed (23.07.2007) by Children Act 2001 (24\/2001), s. 5, S.I. No. 524 of 2007, and Adoption Act 1952 was repealed (1.11.2010) by Adoption Act 2010 (21\/2010), s. 7 and sch. 1 part 1, S.I. No. 511 of 2010.<\/p>\n<p>2. (1) The 23rd day of September 2004 is fixed as the day on which Section 79 of, and the schedule to, the Child Care Act 1991 (No. 17 of 1991) come into operation, in so far as they relate to the unrepealed provisions specified in the third column of the Schedule thereto, of the enactments specified in the second column of that Schedule.<\/p>\n<p>(2) In paragraph (1) of this Article, \u201cunrepealed provisions\u201d does not include section 119 of the Children Act 1908 (8 Edw. 7, c.67) and section 31 (2) of the Adoption Act 1952 (No. 25 of 1952).<\/p>\n<p>E22<br \/>\nPower pursuant to section exercised (18.12.1996) by Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996).<\/p>\n<p>2. Sections 49 to 65 and section 67 of the Child Care Act, 1991 shall come into operation on the 18th day of December, 1996.<\/p>\n<p>E23<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995).<\/p>\n<p>2. Section 4, subsections (3) and (4) of section 6, sections 12 to 48, sections 68 and 70 and sections 75 to 78 of the Child Care Act, 1991 shall come into operation on the 31st day of October, 1995.<\/p>\n<p>3. With effect from the 31st day of October, 1995 the enactments specified in the Schedule are hereby repealed to the extent specified in the third column.<\/p>\n<p>SCHEDULE<\/p>\n<p>ENACTMENTS REPEALED<\/p>\n<p>Session and Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>4 Edw. 7, c. 15.<\/p>\n<p>Prevention of Cruelty to Children Act, 1904.<\/p>\n<p>The whole Act.<\/p>\n<p>8 Edw. 7, c. 67.<\/p>\n<p>Children Act, 1908.<\/p>\n<p>Sections 20 to 25,<\/p>\n<p>Sections 34, 36 and 38 (1),<\/p>\n<p>Sections 58 (1), (5), (6), (7) and (8),<\/p>\n<p>Section 59,<\/p>\n<p>Section 74 (11),<\/p>\n<p>Sections 118, 122 and 126.<\/p>\n<p>3 &amp; 4 Geo. 5, c. 7.<\/p>\n<p>Children (Employment Abroad) Act, 1913.<\/p>\n<p>The whole Act.<\/p>\n<p>No. 12 of 1941.<\/p>\n<p>Children Act, 1941.<\/p>\n<p>Section 10 (1).<\/p>\n<p>No. 26 of 1953.<\/p>\n<p>Health Act, 1953.<\/p>\n<p>Sections 55 and 56.<\/p>\n<p>E24<br \/>\nPower pursuant to section exercised (1.12.1992) by Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992).<\/p>\n<p>2. Sections 3, 7 and 8 of the Child Care Act, 1991 shall come into operation on the 1st day of December, 1992.<\/p>\n<p>E25<br \/>\nPower pursuant to section exercised (1.10.1992) by Child Care Act 1991 (Commencement) (No. 2) Act 1992 (S.I. No. 264 of 1992).<\/p>\n<p>2. Section 5, subsections (1), (2) and (5) of section 6, and sections 11, 69, 72 and 73 of the Child Care Act, 1991 shall come into operation on the 1st day of October 1992.<\/p>\n<p>E26<br \/>\nPower pursuant to section exercised (1.06.1992) by Child Care Act 1991 Commencement Order 1992 (S.I. No. 123 of 1992).<\/p>\n<p>2. Sections 9, 10 and 66 of the Child Care Act, 1991 shall come into operation on the 1st day of June, 1992.<\/p>\n<p>3. Section 79 of, and the Schedule to, the Child Care Act, 1991 shall, for the purpose of effecting the repeal of section 65 (2) of the Health Act, 1953 (No. 26 of 1953), come into operation on the 1st day of June, 1992.<\/p>\n<p>E27<br \/>\nPower pursuant to section exercised (1.12.1991) by Child Care Act 1991 (Commencement) Order 1991 (S.I. No. 292 of 1991).<\/p>\n<p>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.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>F1[\u201cAct of 2001\u201d means the Children Act 2001;]<\/p>\n<p>F2[\u201cAct of 2011\u201d means the Child Care (Amendment) Act 2011;<\/p>\n<p>\u201caftercare plan\u201d means an aftercare plan prepared under section 45B or 45C;<\/p>\n<p>\u201cassessment of need\u201d shall be construed in accordance with section 45A;]<\/p>\n<p>F3[&#8220;broadcast&#8221; has the same meaning as it has in section 2 of the Broadcasting Act 2009; ]<\/p>\n<p>F4[\u2026]<\/p>\n<p>\u201cchild\u201d means a person under the age of 18 years other than a person who is or has been married;<\/p>\n<p>F2[\u201celigible adult\u201d, 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;<\/p>\n<p>\u201celigible child\u201d, subject to subsections (1C) and (1D), means a child aged 16 years or over who\u2014<\/p>\n<p>(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<\/p>\n<p>(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;]<\/p>\n<p>\u201cfunctions\u201d includes powers and duties;<\/p>\n<p>F5[\u2026]<\/p>\n<p>F1[&#8220;interim special care order&#8221; has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ]<\/p>\n<p>F6[&#8220;Minister&#8221; means the Minister for Children and Youth Affairs.]<\/p>\n<p>\u201cparents\u201d 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;<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister.<\/p>\n<p>F3[&#8220;publish&#8221; means publish, other than by way of broadcast, to the public or a portion of the public.]<\/p>\n<p>F1[&#8220;special care&#8221; has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);<\/p>\n<p>&#8220;special care order&#8221; has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011);<\/p>\n<p>&#8220;special care unit&#8221; has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011).]<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(1B) A reference in the definition of eligible adult to the care of the Child and Family Agency includes\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(1D) A reference in the definition of eligible child to the care of the Child and Family Agency includes\u2014<\/p>\n<p>(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<\/p>\n<p>(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.]<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 3(a), S.I. No. 637 of 2017.<\/p>\n<p>F2<br \/>\nInserted (1.09.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 2(a), (b), S.I. No. 296 of 2017.<\/p>\n<p>F3<br \/>\nInserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 7, S.I. No. 5 of 2014.<\/p>\n<p>F4<br \/>\nDeleted (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.<\/p>\n<p>F5<br \/>\nDeleted (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.<\/p>\n<p>F6<br \/>\nSubstituted (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.<\/p>\n<p>F7<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 3, not commenced as of date of revision.<\/p>\n<p>F8<br \/>\nInserted by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 1(a), not commenced as of date of revision.<\/p>\n<p>F9<br \/>\nSubstituted (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.<\/p>\n<p>F10<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 3(b), not commenced as of date of revision.<\/p>\n<p>F11<br \/>\nInserted by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 1(b), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nProspective affecting provision: definition of \u201cData Protection Regulation\u201d inserted into subs. (1) by Child Care (Amendment) Act 2022 (21\/2022), s. 3, not commenced as of date of revision.<\/p>\n<p>2.\u2014(1) In this Act, except where the context otherwise requires\u2014 &#8230;<\/p>\n<p>F7[\u201cData Protection Regulation\u201d 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);]<\/p>\n<p>C6<br \/>\nProspective affecting provisions:<\/p>\n<p>\u2022 para. (da) in definition of \u201cchildren\u2019s residential centre\u201d inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 3(b),<\/p>\n<p>\u2022 definition \u201cchildren\u2019s residential centre\u201d inserted into subs. (1) by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 1(a), and<\/p>\n<p>\u2022 subs. (3) inserted by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 1(b)<\/p>\n<p>not commenced as of date of revision.<\/p>\n<p>Interpretation.<\/p>\n<p>2.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>&#8230;<\/p>\n<p>F8[&#8220;children\u2019s residential centre&#8221; 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\u2014<\/p>\n<p>(a) an institution managed by or on behalf of a Minister of the Government,<\/p>\n<p>(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,<\/p>\n<p>(c) an institution for the care and maintenance of children with a disability,<\/p>\n<p>(d) an institution approved in accordance with the Mental Health Acts 1945 to 2001,<\/p>\n<p>F10[(da) a special care unit, ]<\/p>\n<p>(e) a children detention school as defined in section 3 of the Children Act 2001; ]<\/p>\n<p>&#8230;<\/p>\n<p>F11[(3) For the purposes of the definition of &#8220;children\u2019s residential centre&#8221; in subsection (1), &#8220;institution&#8221; means a home, centre or institution or part of a home, centre or institution.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nProspective affecting provision: subs. (1) is amended by substitution of \u201cChild and Family Agency\u201d for \u201cHealth Service Executive\u201d 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 \u201cchildren\u2019s residential centre\u201d, as amended by Child Care (Amendment) Act 2011, s. 3(b), in the C-note above. This is therefore an in-force amendment (\u201cChild and Family Agency\u201d) of a prospective affecting provision (insertion of \u201cchildren\u2019s residential centre\u201d).<\/p>\n<p>1O.J. No. L. 119, 4.5.2016, p. 1<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>PART II<\/p>\n<p>Promotion of Welfare of Children<\/p>\n<h4>Functions of Child and Family Agency<\/h4>\n<p>3.\u2014(1) It shall be a function of F13[the F12[Child and Family Agency]] to promote the welfare of children F14[\u2026] who are not receiving adequate care and protection.<\/p>\n<p>(2) In the performance of this function, F15[the F12[Child and Family Agency]] shall\u2014<\/p>\n<p>(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children F16[\u2026];<\/p>\n<p>(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise\u2014<\/p>\n<p>(i) regard the welfare of the child as the first and paramount consideration, and<\/p>\n<p>(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and<\/p>\n<p>(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.<\/p>\n<p>(3) F17[The F12[Child and Family Agency]] shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69.<\/p>\n<p>(4) F18[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nSubstituted (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.<\/p>\n<p>F13<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 2(a), S.I. No. 887 of 2004.<\/p>\n<p>F14<br \/>\nDeleted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 2(a), S.I. No. 887 of 2004.<\/p>\n<p>F15<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 2(b), S.I. No. 887 of 2004.<\/p>\n<p>F16<br \/>\nDeleted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 2(b), S.I. No. 887 of 2004.<\/p>\n<p>F17<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 2(c), S.I. No. 887 of 2004.<\/p>\n<p>F18<br \/>\nDeleted (30.09.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 4, S.I. No. 497 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nPrevious affecting provision: subs. (4) substituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 2(d), S.I. No. 887 of 2004; deleted as per F-note above.<\/p>\n<h4>Voluntary care.<\/h4>\n<p>4.\u2014(1) Where it appears to F19[the F20[Child and Family Agency] that a child requires] care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of F19[the F21[Agency]] to take him into its care under this section.<\/p>\n<p>(2) Without prejudice to the provisions of Parts III, IV F22[, IVA (as amended by the Child Care (Amendment) Act 2011)] and VI, nothing in this section shall authorise F23[the F20[Child and Family Agency]] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.<\/p>\n<p>(3) Where F24[the F20[Child and Family Agency]] has taken a child into its care under this section, it shall be the duty of F24[the F21[Agency]]\u2014<\/p>\n<p>(a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F24[the F21[Agency]] to require it and while he remains a child, and<\/p>\n<p>(b) to have regard to the wishes of a parent having custody of him or of any person acting in loco parentis in the provision of such care.<\/p>\n<p>(4) Without prejudice to the provisions of Parts III, IV and VI, where F25[the F20[Child and Family Agency]] takes a child into its care because it appears that he is lost or that a parent having custody of him is missing or that he has been deserted or abandoned, F25[the F21[Agency]] shall endeavour to reunite him with that parent where this appears to F25[the F21[Agency]] to be in his best interests.<\/p>\n<p>(5) F26[A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 3(a), S.I. No. 887 of 2004.<\/p>\n<p>F20<br \/>\nSubstituted (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.<\/p>\n<p>F21<br \/>\nSubstituted (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.<\/p>\n<p>F22<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 5, S.I. No. 637 of 2017.<\/p>\n<p>F23<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 3(b), S.I. No. 887 of 2004.<\/p>\n<p>F24<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 3(c), S.I. No. 887 of 2004.<\/p>\n<p>F25<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 3(d), S.I. No. 887 of 2004.<\/p>\n<p>F26<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 4, S.I. No. 502 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPrevious affecting provision: subs. (5) substituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 3(e), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>Accommodation for homeless children.<\/p>\n<p>5.\u2014Where it appears to F27[the F28[Child and Family Agency] that a child is homeless, the F29[Agency] shall] enquire into the child\u2019s circumstances, and F30[if it] is satisfied that there is no accommodation available to him which he can reasonably occupy, then, unless the child is received into the F31[care of the F29[Agency]] under the provisions of this Act, F32[the F29[Agency] shall take] such steps as are reasonable to make available suitable accommodation for him.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F27<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 4(a), S.I. No. 887 of 2004.<\/p>\n<p>F28<br \/>\nSubstituted (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.<\/p>\n<p>F29<br \/>\nSubstituted (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.<\/p>\n<p>F30<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 4(b), S.I. No. 887 of 2004.<\/p>\n<p>F31<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 4(c), S.I. No. 887 of 2004.<\/p>\n<p>F32<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 4(d), S.I. No. 887 of 2004.<\/p>\n<h4>Provision of adoption service.<\/h4>\n<p>6.\u2014F33[(1) The F34[Child and Family Agency] shall provide, or ensure the provision of, a service for the adoption of children in accordance with the Adoption Act 2010.]<\/p>\n<p>F33[(2) For the purposes of this section, the F34[Child and Family Agency] may enter into arrangements with an accredited body within the meaning of section 3 (1) of the Adoption Act 2010.]<\/p>\n<p>(3) F35[The F34[Child and Family Agency]] may take a child into its care with a view to his adoption and may maintain him in such care in accordance with the provisions of this Act until he is placed for adoption.<\/p>\n<p>(4) Without prejudice to Parts III, IV and VI, nothing in this section shall authorise F36[the F34[Child and Family Agency]] to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.<\/p>\n<p>(5) The provisions of section 10 shall apply with any necessary modifications in relation to any arrangement made under subsection (2).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F33<br \/>\nSubstituted (1.11.2010) by Adoption Act 2010 (21\/2010), s. 158(a), S.I. No. 511 of 2010.<\/p>\n<p>F34<br \/>\nSubstituted (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.<\/p>\n<p>F35<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 5(c), S.I. No. 887 of 2004.<\/p>\n<p>F36<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 5(d), S.I. No. 887 of 2004.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nProvision for establishment of adoption committees by the Health Service Executive to assist and advise the Adoption Authority in the performance of its functions under this section made (1.11.2010) by Adoption Act 2010 (21\/2010), s. 36(1) and (2)(a), S.I. No. 511 of 2010.<\/p>\n<p>E32<br \/>\nPrevious affecting provision: subs. (1) and words in subs. (2) substituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 5(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Child care advisory committees.<\/h4>\n<p>7.\u2014F37[(1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it.]<\/p>\n<p>F38[(1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section.]<\/p>\n<p>(2) A child care advisory committee shall be composed of persons with a special interest or expertise in matters affecting the welfare of children, including representatives of voluntary bodies providing child care and family support services.<\/p>\n<p>(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but F39[the F40[Child and Family Agency]] may make payments to any such member in respect of travelling and subsistence expenses incurred by him in relation to the business of the committee.<\/p>\n<p>(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.<\/p>\n<p>(5) The Minister shall give general directions in relation to child care advisory committees which may include directions on any matter relating to the membership, constitution or business of committees (including a provision empowering a committee to co-opt one or more members) and F41[the F40[Child and Family Agency] and each child care advisory committee] shall comply with any such directions.<\/p>\n<p>F42[(5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.<\/p>\n<p>(5B) The Minister may amend or revoke directions given in relation to child care advisory committees.]<\/p>\n<p>(6) F43[The F40[Child and Family Agency]] may, with the consent of the Minister, and shall, if so directed by the Minister, establish more than one child care advisory committee F44[\u2026] and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.<\/p>\n<p>(7) Each child care advisory committee shall\u2014<\/p>\n<p>(a) have access to non-personal information in relation to child care and family support services in its area,<\/p>\n<p>(b) consult with voluntary bodies providing child care and family support services in its area,<\/p>\n<p>(c) report on child care and family support services in its area, either on its own initiative or when so requested by the F40[Child and Family Agency],<\/p>\n<p>(d) review the needs of children in its area who are not receiving adequate care and protection,<\/p>\n<p>and where more than one child care advisory committee is established F45[\u2026], the provisions of this subsection shall apply with the necessary modifications.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.<\/p>\n<p>F38<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.<\/p>\n<p>F39<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 6(b), S.I. No. 887 of 2004.<\/p>\n<p>F40<br \/>\nSubstituted (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.<\/p>\n<p>F41<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 6(c), S.I. No. 887 of 2004.<\/p>\n<p>F42<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 5(b).<\/p>\n<p>F43<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 6(e), S.I. No. 887 of 2005.<\/p>\n<p>F44<br \/>\nDeleted (1.01.2014) by Child and Family Agency Act 2013 (40\/2103), s. 97 and sch. 2, part 4 item 5(c), S.I. No. 502 of 2013.<\/p>\n<p>F45<br \/>\nDeleted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 5(d), S.I. No. 502 of 2013.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C7<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 17 of 1991<\/p>\n<p>Child Care Act 1991<\/p>\n<p>Sections 7(4) and 70(2)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 6(f)(i), S.I. No. 887 of 2005; substituted as per F-note above.<\/p>\n<p>E34<br \/>\nPrevious affecting provisions: subss. (1), (1A), (5A) and (5B) substituted and inserted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 6(a), (d), S.I. No. 887 of 2004; substituted as per F-notes above.<\/p>\n<h4>Review of services.<\/h4>\n<p>8.\u2014F46[(1) The Child and Family Agency shall\u2014<\/p>\n<p>(a) not later than 6 months after the establishment day of the Agency, prepare the report that, but for the amendment of this section by the Child and Family Agency Act 2013, the Health Service Executive would have been required to have prepared under this section, and<\/p>\n<p>(b) annually thereafter prepare a report on the adequacy of the child care and family support services available.]<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), F47[the F48[Child and Family Agency]] in preparing a report under this section shall have regard to the needs of children who are not receiving adequate care and protection and, in particular\u2014<\/p>\n<p>(a) children whose parents are dead or missing,<\/p>\n<p>(b) children whose parents have deserted or abandoned them,<\/p>\n<p>(c) children who are in the care of F49[the F50[Agency]],<\/p>\n<p>(d) children who are homeless,<\/p>\n<p>(e) children who are at risk of being neglected or ill-treated, and<\/p>\n<p>(f) children whose parents are unable to care for them due to ill-health or for any other reason.<\/p>\n<p>F51[(3) The Child and Family Agency shall give notice of the preparation of a report under subsection (1) to\u2014<\/p>\n<p>(a) each child care advisory committee, and<\/p>\n<p>(b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services,<\/p>\n<p>and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.]<\/p>\n<p>(4) F52[The F48[Child and Family Agency]] shall submit a copy of any report prepared under this section to the Minister and may make copies of any such report available to such bodies as are mentioned in subsection (3) (b).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F46<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 6(a), S.I. No. 502 of 2013.<\/p>\n<p>F47<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 7(b)(i), S.I. No. 887 of 2004.<\/p>\n<p>F48<br \/>\nSubstituted (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.<\/p>\n<p>F49<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 7(b)(ii), S.I. No. 887 of 2004.<\/p>\n<p>F50<br \/>\nSubstituted (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.<\/p>\n<p>F51<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 6(b), S.I. No. 502 of 2013.<\/p>\n<p>F52<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 7(d), S.I. No. 887 of 2004.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E35<br \/>\nPrevious affecting provision: subss. (1) substituted and (3) amended (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 7(a), (c), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Provision of services by voluntary bodies and other persons.<\/h4>\n<p>9.\u2014(1) F53[\u2026]<\/p>\n<p>F54[(2) Nothing in the Child and Family Agency Act 2013 shall empower the Child and Family Agency to delegate to a voluntary body or to any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011) or VI.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F53<br \/>\nDeleted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 8(a), S.I. No. 887 of 2004.<\/p>\n<p>F54<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 7, S.I. No. 502 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E36<br \/>\nPrevious affecting provision: subs. (2) substituted by Child Care (Amendment) Act 2011 (19\/2011), s. 6, not commenced; substituted as per F-note above.<\/p>\n<p>Assistance for voluntary bodies and other persons.<\/p>\n<p>10.\u2014 F55[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F55<br \/>\nRepealed (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 5 and sch. 3, S.I. No. 502 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nPrevious affecting provision: subs. (1) amended (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 9(a), S.I. No. 887 of 2004; repealed as per F-note above.<\/p>\n<p>E38<br \/>\nPrevious affecting provision: subs. (2) inserted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 9(b), S.I. No. 887 of 2004; repealed as per F-note above.<\/p>\n<h4>Research.<\/h4>\n<p>11.\u2014(1) The Minister may conduct or assist other persons in conducting research into any matter connected with the care and protection of children or the provision of child care and family support services.<\/p>\n<p>(2) F56[The F57[Child and Family Agency]] may conduct or assist other persons in conducting research into any matter connected with the functions assigned to F56[the F58[Agency]] under this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F56<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 10, S.I. No. 887 of 2004.<\/p>\n<p>F57<br \/>\nSubstituted (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.<\/p>\n<p>F58<br \/>\nSubstituted (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.<\/p>\n<p>PART III<\/p>\n<p>Protection of Children in Emergencies<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E39<br \/>\nDistrict Court termed \u201cChildren Court\u201d for the purpose of Part III of Act (23.07.2007) by Children Act 2001 (24\/2001), s. 71(a), S.I. No. 524 of 2007.<\/p>\n<h4>Power of Garda S\u00edoch\u00e1na to take a child to safety.<\/h4>\n<p>12.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that\u2014<\/p>\n<p>(a) there is an immediate and serious risk to the health or welfare of a child, and<\/p>\n<p>(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by F59[the F60[Child and Family Agency]] under section 13, F61[or an application for a warrant under section 35].<\/p>\n<p>the member, accompanied by such other persons as may be necessary, may, without 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, aircraft or hovercraft) and remove the child to safety.<\/p>\n<p>(2) The provisions of subsection (1) are without prejudice to any other powers exercisable by a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(3) Where a child is removed by a member of the Garda S\u00edoch\u00e1na in accordance with subsection (1), the child shall as soon as possible be delivered up to the custody of the F60[Child and Family Agency].<\/p>\n<p>(4) Where a child is delivered up to the custody of F62[the F60[Child and Family Agency]] in accordance with subsection (3), F62[the F63[Agency]] shall, unless it returns the child to the parent having custody of him or a person acting in loco parentis F64[or an order referred to in section 35 has been made in respect of the child], make application for an emergency care order at the next sitting of the District Court held in the same district court district or, in the event that the next such sitting is not due to be held within three days of the date on which the child is delivered up to the custody of F62[the F63[Agency]], at a sitting of the District Court, which has been specially arranged under section 13(4), held within the said three days, and it shall be lawful for F62[the F63[Agency]] to retain custody of the child pending the hearing of that application.<\/p>\n<p>F65[(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 and the child is not delivered up to the custody of the Health Service Executive before the establishment day of the Child and Family Agency\u2014<\/p>\n<p>(a) the child shall as soon as possible be delivered up to the custody of the Agency, and<\/p>\n<p>(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Agency in accordance with subsection (3) of this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F59<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 11(a), S.I. No. 887 of 2004.<\/p>\n<p>F60<br \/>\nSubstituted (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.<\/p>\n<p>F61<br \/>\nSubstituted (31.07.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 7(a), commenced on enactment.<\/p>\n<p>F62<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 11(c), S.I. No. 887 of 2004.<\/p>\n<p>F63<br \/>\nSubstituted (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.<\/p>\n<p>F64<br \/>\nInserted (31.07.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 7(b), commenced on enactment.<\/p>\n<p>F65<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 8, S.I. No. 502 of 2013.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C8<br \/>\nApplication of section extended (1.03.2007) by Children Act 2001 (24\/2001), s. 53(4) and (5), S.I. No. 64 of 2007.<\/p>\n<p>Duty of Garda S\u00edoch\u00e1na in relation to certain under-age children.<\/p>\n<p>53.\u2014 &#8230;<\/p>\n<p>(5) Where, in relation to a child to whom subsection (1) applies, the member of the Garda S\u00edoch\u00e1na concerned has reasonable grounds for believing\u2014<\/p>\n<p>(a) that there is an immediate and serious risk to the health or welfare of the child, and<\/p>\n<p>(b) that it would not be sufficient for his or her protection from that risk to await the making of an application for an emergency care order by [the F60[Child and Family Agency]] under section 13 of the Act of 1991,<\/p>\n<p>the member may remove the child to safety, and Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.<\/p>\n<p>C9<br \/>\nApplication of section extended by (1.05.2002) Children Act 2001 (24\/2001), s. 254(4), S.I. No. 151 of 2002.<\/p>\n<p>Powers of arrest without warrant, etc.<\/p>\n<p>254.\u2014 &#8230;<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na makes an arrest under this section and the member has reasonable grounds for believing that\u2014<\/p>\n<p>(a) there is an immediate and serious risk to the safety, health or wellbeing of the child, and<\/p>\n<p>(b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by [the Child and Family Agency] under section 13 of the Act of 1991,<\/p>\n<p>the member may remove the child to safety and the provisions of Part III of the Act of 1991 shall then apply as if the removal were a removal under section 12 of that Act.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E40<br \/>\nPrevious affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 11(d), S.I. No. 877 of 2004; substituted as per F-note above.<\/p>\n<p>E41<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 11(b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Emergency care order.<\/h4>\n<p>13.\u2014(1) If a justice of the District Court is of opinion on the application of F66[the F67[Child and Family Agency]] that there is reasonable cause to believe that\u2014<\/p>\n<p>(a) there is an immediate and serious risk to the health or welfare of a child which necessitates his being placed in the care of F66[the F67[Child and Family Agency]], or<\/p>\n<p>(b) there is likely to be such a risk if the child is removed from the place where he is for the time being,<\/p>\n<p>the justice may make an order to be known and in this Act referred to as an \u201cemergency care order\u201d.<\/p>\n<p>(2) An emergency care order shall place the child under the care of F68[the F67[Child and Family Agency]] for a period of eight days or such shorter period as may be specified in the order.<\/p>\n<p>(3) Where a justice makes an emergency care order, he may for the purpose of executing that order issue a warrant authorising a member of the Garda S\u00edoch\u00e1na, accompanied by such other members of the Garda S\u00edoch\u00e1na 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, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of the F67[Child and Family Agency].<\/p>\n<p>(4) The following provisions shall have effect in relation to the making of emergency care orders\u2014<\/p>\n<p>(a) any such order shall, subject to paragraph (b), be made by the justice for the district in which the child resides or is for the time being;<\/p>\n<p>(b) where a justice for the district in which the child resides or is for the time being is not immediately available, an order may be made by any justice of the District Court;<\/p>\n<p>(c) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte;<\/p>\n<p>(d) an application for any such order may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.<\/p>\n<p>(5) An appeal from an emergency care order shall not stay the operation of the order.<\/p>\n<p>(6) It shall not be necessary in any application or order under this section to name the child if such name is unknown.<\/p>\n<p>(7) (a) Where a justice makes an emergency care order, he may, of his own motion or on the application of any person, give such directions (if any) as he thinks proper with respect to\u2014<\/p>\n<p>(i) whether the address or location of the place at which the child is being kept is to be withheld from the parents of the child, or either of them, a person acting in loco parentis or any other person;<\/p>\n<p>(ii) the access, if any, which is to be permitted between the child and any named person and the conditions under which the access is to take place;<\/p>\n<p>(iii) the medical or psychiatric examination, treatment or assessment of the child.<\/p>\n<p>(b) A direction under this subsection may be given at any time during the currency of the order and may be varied or discharged on the application of any person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F66<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 12(a), S.I. No. 887 of 2004.<\/p>\n<p>F67<br \/>\nSubstituted (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.<\/p>\n<p>F68<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 12(b), S.I. No. 887 of 2004.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C10<br \/>\nApplication of subs. (4) extended (1.11.2006) by Mental Health Act 2001 (25\/2001), s. 23(4), S.I. No. 411 of 2006.<\/p>\n<p>Power to prevent voluntary patient from leaving approved centre.<\/p>\n<p>23.\u2014 &#8230;<\/p>\n<p>(4) The provisions of section 13(4) of the Child Care Act, 1991, shall apply to the making of an application in respect of a child to whom this section applies with any necessary modifications.<\/p>\n<p>C11<br \/>\nReferences to \u201cpsychiatric examination, treatment or assessment\u201d under subs. (7) restricted (1.11.2006) by Mental Health Act 2001 (25\/2001), s. 25(15), S.I. No. 411 of 2006.<\/p>\n<p>Involuntary admission of children.<\/p>\n<p>25.\u2014 &#8230;<\/p>\n<p>(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E42<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted for \u201chealth board\u201d in subs. (3) (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 12(c), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Notification to be given by Child and Family Agency<\/h4>\n<p>14.\u2014(1)Where a child is delivered up to, or placed in the custody of, F70[the F69[Child and Family Agency] under this Part, the F71[Agency]] shall as soon as possible inform or cause to be informed a parent having custody of him or a person acting in loco parentis of that delivery or placement unless that parent or person is missing and cannot be found.<\/p>\n<p>(2)For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in the custody of F72[the F69[Child and Family Agency]] under section 13 if he is given or shown a copy of the emergency care order made under that section or if that person was present at the sitting of the court at which such order was made.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nSubstituted (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.<\/p>\n<p>F70<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 13(a), S.I. No. 887 of 2004.<\/p>\n<p>F71<br \/>\nSubstituted (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.<\/p>\n<p>F72<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 13(b), S.I. No. 887 of 2004.<\/p>\n<p>Provision of accommodation for purposes of Part III.<\/p>\n<p>15.\u2014F73[The F74[Child and Family Agency]] shall provide or make arrangements with the registered proprietors of children\u2019s residential centres or with other suitable persons for the provision of suitable accommodation for the purposes of this Part.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F73<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 14, S.I. No. 887 of 2004.<\/p>\n<p>F74<br \/>\nSubstituted (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.<\/p>\n<p>F75<br \/>\nSubstituted by Health Act 2007 (23\/2007), s. 105 and sch. 2, item 2, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C12<br \/>\nProspective affecting provision: section substituted by Health Act 2007 (23\/2007), s. 105 and sch. 2, part 1, item 2, not commenced as of date of revision.<\/p>\n<p>F75[<\/p>\n<h4>Provision of accommodation for purposes of Part III.<\/h4>\n<p>15.\u2014The F74[Child and Family Agency] shall provide or make arrangements with suitable persons for the provision of suitable accommodation for the purposes of this Part.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E43<br \/>\nProspective affecting provision: section amended by substitution of \u201cChild and Family Agency\u201d for \u201cHealth Service Executive\u201d by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 2, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>PART IV<\/p>\n<h4>Care Proceedings<\/h4>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E44<br \/>\nPayment 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).<\/p>\n<p>E45<br \/>\nDistrict Court termed \u201cChildren Court\u201d for the purpose of Part IV of Act (23.07.2007) by Children Act 2001 (24\/2001), s. 71(a), S.I. No. 524 of 2007.<\/p>\n<h4>Duty of Child and Family Agency to institute proceedings.<\/h4>\n<p>16.\u2014Where it appears to F77[the F76[Child and Family Agency] that a child] requires care or protection which he is unlikely to receive unless a court makes a care order or a supervision order in respect of him, it shall be the duty of the F78[Agency] to make application for a care order or a supervision order, as it thinks fit.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nSubstituted (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.<\/p>\n<p>F77<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 15(a), S.I. No. 887 of 2005.<\/p>\n<p>F78<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E46<br \/>\nPrevious affecting provision: \u201cExecutive\u201d substituted (1.01.2005) for \u201chealth board\u201d by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 15(b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Interim care order.<\/h4>\n<p>17.\u2014(1) Where a justice of the District Court is satisfied on the application of F79[the F80[Child and Family Agency]] that\u2014<\/p>\n<p>(a) an application for a care order in respect of the child has been or is about to be made (whether or not an emergency care order is in force), and<\/p>\n<p>(b) there is reasonable cause to believe that any of the circumstances mentioned at paragraph (a), (b) or (c) of section 18(1) exists or has existed with respect to the child and that it is necessary for the protection of the child\u2019s health or welfare that he be placed or maintained in the care of F79[the F81[Agency]] pending the determination of the application for the care order,<\/p>\n<p>the justice may make an order to be known and in this Act referred to as an \u201cinterim care order\u201d.<\/p>\n<p>(2) An interim care order shall require that the child named in the order be placed or maintained in the care of the F80[Child and Family Agency]\u2014<\/p>\n<p>(a) for a period not exceeding F82[twenty-nine days], or<\/p>\n<p>(b) where the F80[Child and Family Agency] and the parent having custody of the child or person acting in loco parentis consent, for a period exceeding F82[twenty-nine days],<\/p>\n<p>and an extension or extensions of any such period may be granted (with the consent, F82[where an extension is to exceed twenty-nine days], of the persons specified in paragraph (b)) on the application of any of the parties if the justice is satisfied that grounds for the making of an interim care order continue to exist with respect to the child.<\/p>\n<p>(3) An application for an interim care order or for an extension of such an order shall be made on notice to a parent having custody of the child or to a person acting in loco parentis except where, having regard to the interests of justice or the welfare of the child, the justice otherwise directs.<\/p>\n<p>(4) Where an interim care order is made, the justice may order that any directions given under subsection (7) of section 13 may remain in force subject to such variations, if any, as he may see fit to make or the justice may give directions in relation to any of the matters mentioned in the said subsection and the provisions of that section shall apply with any necessary modifications.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F79<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 16(a), S.I. No. 887 of 2004.<\/p>\n<p>F80<br \/>\nSubstituted (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.<\/p>\n<p>F81<br \/>\nSubstituted (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.<\/p>\n<p>F82<br \/>\nSubstituted (13.03.2013) by Child Care (Amendment) Act 2013 (5\/2013), s. 1, commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E47<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d in subs. (2) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 16(b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>E48<br \/>\nPrevious affecting provision: subs. (2) amended (1.05.2002) by Children Act 2001 (24\/2001), s. 267(1)(a), S.I. No. 151 of 2002; substituted as per F-note above.<\/p>\n<h4>Care order.<\/h4>\n<p>18.\u2014(1) Where, on the application of F83[the F84[Child and Family Agency] with respect to a child], the court is satisfied that\u2014<\/p>\n<p>(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or<\/p>\n<p>(b) the child\u2019s health, development or welfare has been or is being avoidably impaired or neglected, or<\/p>\n<p>(c) the child\u2019s health, development or welfare is likely to be avoidably impaired or neglected,<\/p>\n<p>and that the child requires care or protection which he is unlikely to receive unless the court makes an order under this section, the court may make an order (in this Act referred to as a \u201ccare order\u201d) in respect of the child.<\/p>\n<p>(2) A care order shall commit the child to the care of the F84[Child and Family Agency] for so long as he remains a child or for such shorter period as the court may determine and, in such case, the court may, of its own motion or on the application of any person, extend the operation of the order if the court is satisfied that grounds for the making of a care order continue to exist with respect to the child.<\/p>\n<p>(3) Where a care order is in force, the F84[Child and Family Agency] shall\u2014<\/p>\n<p>(a) have the like control over the child as if it were his parent; and<\/p>\n<p>(b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child\u2019s health, development or welfare;<\/p>\n<p>and shall have, in particular, the authority to\u2014<\/p>\n<p>(i) decide the type of care to be provided for the child under section 36;<\/p>\n<p>(ii) give consent to any necessary medical or psychiatric examination, treatment or assessment with respect to the child; and<\/p>\n<p>(iii) give consent to the issue of a passport to the child, or to the provision of passport facilities for him, to enable him to travel abroad for a limited period.<\/p>\n<p>(4) Any consent given by F85[the F84[Child and Family Agency]] in accordance with this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.<\/p>\n<p>(5) Where, on an application for a care order, the court is satisfied that\u2014<\/p>\n<p>(a) it is not necessary or appropriate that a care order be made, and<\/p>\n<p>(b) it is desirable that the child be visited periodically in his home by or on behalf of F85[the F84[Child and Family Agency]],<\/p>\n<p>the court may make a supervision order under section 19.<\/p>\n<p>(6) Between the making of an application for a care order and its determination, the court, of its own motion or on the application of any person, may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child who is the subject of the application pending such determination, and any such direction or supervision order shall cease to have effect on the determination of the application.<\/p>\n<p>(7) Where a court makes a care order, it may in addition make an order requiring the parents of the child or either of them to contribute to the F84[Child and Family Agency] such weekly or other periodic sum towards the cost of maintaining the child as the court, having regard to the means of the parents or either of them, thinks fit.<\/p>\n<p>(8) An order under subsection (7) may be varied or discharged on application to the court by the parent required to contribute or by the F84[Child and Family Agency].<\/p>\n<p>F86[(9) Where a care order\u2014<\/p>\n<p>(a) has been made in respect of a child and\u2014<\/p>\n<p>(i) during the period for which the care order has effect a special care order or an interim special care order is made in respect of the child, and<\/p>\n<p>(ii) the care order ceases to have effect during the period for which the special care order or interim special care order has effect,<\/p>\n<p>or<\/p>\n<p>(b) has not been made in respect of a child and a special care order or an interim special care order has been made in respect of that child,<\/p>\n<p>the F84[Child and Family Agency] may apply for a care order in respect of that child during the period for which the special care order or interim special care order has effect.<\/p>\n<p>(10) Where the District Court makes a care order, pursuant to the application referred to in subsection (9), during the period for which the special care order or interim special care order has effect, it shall direct that the care order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F83<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 17(a), S.I. No. 887 of 2004.<\/p>\n<p>F84<br \/>\nSubstituted (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. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 item 3, S.I. No. 636 of 2017.<\/p>\n<p>F85<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 17(c), S.I. No. 887 of 2004.<\/p>\n<p>F86<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 8, S.I. No. 637 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E49<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d in subs. (2), (3) and (7) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 items 17(b) and (d), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Supervision order.<\/h4>\n<p>19.\u2014(1) Where, on the application of F87[the F88[Child and Family Agency] with respect to a child], the court is satisfied that there are reasonable grounds for believing that\u2014<\/p>\n<p>(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or<\/p>\n<p>(b) the child\u2019s health, development or welfare has been or is being avoidably impaired or neglected, or<\/p>\n<p>(c) the child\u2019s health, development or welfare is likely to be avoidably impaired or neglected,<\/p>\n<p>and it is desirable that the child be visited periodically by or on behalf of F87[the F88[Child and Family Agency]], the court may make an order (in this Act referred to as a \u201csupervision order\u201d) in respect of the child.<\/p>\n<p>(2) A supervision order shall authorise F89[the F88[Child and Family Agency]] to have the child visited on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give to his parents or to a person acting in loco parentis any necessary advice as to the care of the child.<\/p>\n<p>(3) Any parent or person acting in loco parentis who is dissatisfied with the manner in which F89[the F88[Child and Family Agency]] is exercising its authority to have a child visited in accordance with this section may apply to the court and the court may give such directions as it sees fit as to the manner in which the child is to be visited and F89[the F88[Child and Family Agency]] shall comply with any such direction.<\/p>\n<p>(4) Where a court makes a supervision order in respect of a child, it may, on the application of F89[the F88[Child and Family Agency]], either at the time of the making of the order or at any time during the currency of the order, give such directions as it sees fit as to the care of the child, which may require the parents of the child or a person acting in loco parentis to cause him to attend for medical or psychiatric examination, treatment or assessment at a hospital, clinic or other place specified by the court.<\/p>\n<p>(5) Any person who fails to comply with the terms of a supervision order or any directions given by a court under subsection (4) or who prevents a person from visiting a child on behalf of F89[the F88[Child and Family Agency]] or who obstructs or impedes any such person visiting a child in pursuance of such an order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.<\/p>\n<p>(6) A supervision order shall remain in force for a period of 12 months or such shorter period as may be specified in the order and, in any event, shall cease to have effect when the person in respect of whom the order is made ceases to be a child.<\/p>\n<p>(7) On or before the expiration of a supervision order, a further supervision order may be made on the application of F89[the F88[Child and Family Agency]] with effect from the expiration of the first mentioned order.<\/p>\n<p>F90[(8) Where a supervision order\u2014<\/p>\n<p>(a) has been made in respect of a child and\u2014<\/p>\n<p>(i) during the period for which the supervision order has effect a special care order or an interim special care order is made in respect of the child, and<\/p>\n<p>(ii) the supervision order ceases to have effect during the period for which the special care order or interim special care order has effect,<\/p>\n<p>or<\/p>\n<p>(b) has not been made in respect of a child and a special care order or interim special care order has been made in respect of that child,<\/p>\n<p>the F88[Child and Family Agency] may apply for a supervision order in respect of that child during the period for which the special care order or interim special care order has effect.<\/p>\n<p>(9) Where the District Court makes the supervision order, pursuant to the application referred to in subsection (8), during the period for which the special care order or interim special care order has effect, it shall direct that the supervision order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F87<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 18(a), S.I. No. 887 of 2004.<\/p>\n<p>F88<br \/>\nSubstituted (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. Also substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 item 4, S.I. No. 636 of 2017.<\/p>\n<p>F89<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 18(b), S.I. No. 887 of 2004.<\/p>\n<p>F90<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 9, S.I. No. 637 of 2017.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C13<br \/>\nReferences to \u201cpsychiatric examination, treatment or assessment\u201d under subs. (4) restricted (1.11.2006) by Mental Health Act 2001 (25\/2001), s. 25(15), S.I. No. 411 of 2006.<\/p>\n<p>Involuntary admission of children.<\/p>\n<p>25.\u2014 &#8230;<\/p>\n<p>(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E50<br \/>\nA fine of \u00a3500 converted (1.01.1999) to \u20ac634.86. This translates into a class D fine, not greater than \u20ac1,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.<\/p>\n<h4>Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.<\/h4>\n<p>20.\u2014F91[Where in any proceedings under section 7, 8, 11, 11B or Part III of the Guardianship of Infants Act, 1964, or in any case to which\u2014<\/p>\n<p>(a) section 3(3) of the Judicial Separation and Family Law Reform Act, 1989,<\/p>\n<p>(b) section 6(b) or 10(f) of the Family Law Act, F92[1995,]<\/p>\n<p>(c) section 5(2), 11(b) or 41 of the Family Law (Divorce) Act, F92[1996, or]<\/p>\n<p>F93[(d) section 110(2), 115(c) or 141A of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010]<\/p>\n<p>relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct F94[the F95[Child and Family Agency]] to undertake an investigation of the child\u2019s circumstances.]<\/p>\n<p>(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child concerned pending the outcome of the investigation by the F95[Child and Family Agency].<\/p>\n<p>(3) Where the court gives a direction under subsection (1), the F95[Child and Family Agency] shall undertake an investigation of the child\u2019s circumstances and shall consider whether it should\u2014<\/p>\n<p>(a) apply for a care order or for a supervision order with respect to the child,<\/p>\n<p>(b) provide services or assistance for the child or his family, or<\/p>\n<p>(c) take any other action with respect to the child.<\/p>\n<p>(4) Where F94[the F95[Child and Family Agency]] undertakes an investigation under this section and decides not to apply for a care order or a supervision order with respect to the child concerned, it shall inform the court of\u2014<\/p>\n<p>(a) its reasons for so deciding,<\/p>\n<p>(b) any service or assistance it has provided, or it intends to provide, for the child and his family, and<\/p>\n<p>(c) any other action which it has taken, or proposes to take, with respect to the child.<\/p>\n<p>F96[(5) Where the Health Service Executive was directed to undertake an investigation into a child\u2019s circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency\u2014<\/p>\n<p>(a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency,<\/p>\n<p>(b) the investigation may be completed by the Agency, and<\/p>\n<p>(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Agency.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F91<br \/>\nSubstituted (9.01.1998) by Children Act 1997 (40\/1997), s. 17, commenced as per s. 1(2).<\/p>\n<p>F92<br \/>\nSubstituted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 175(a) and (b), S.I. No. 12 of 2016.<\/p>\n<p>F93<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 175(c), S.I. No. 12 of 2016.<\/p>\n<p>F94<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 19(a), S.I. No. 887 of 2004.<\/p>\n<p>F95<br \/>\nSubstituted (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.<\/p>\n<p>F96<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2, part 4 item 9, S.I. No. 502 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E51<br \/>\nPrevious affecting provision: subs. (5) inserted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>E52<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d in subss. (2) and (3) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 19(a), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Effect of appeal from orders.<\/h4>\n<p>21.\u2014An appeal from an order under this Part shall, if the court that made the order 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.<\/p>\n<h4>Variation or discharge of orders etc.<\/h4>\n<p>22.\u2014The court, of its own motion or on the application of any person, may\u2014<\/p>\n<p>(a) vary or discharge a care order or a supervision order,<\/p>\n<p>(b) vary or discharge any condition or direction attaching to the order, or<\/p>\n<p>(c) in the case of a care order, discharge the care order and make a supervision order in respect of the child.<\/p>\n<h4>Powers of court in case of invalidity of orders.<\/h4>\n<p>23.\u2014Where a court finds or declares in any proceedings that a care order for whatever reason is invalid, that court may of its own motion or on the application of any person refuse to exercise any power to order the delivery or return of the child 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 person, may\u2014<\/p>\n<p>(a) make a care order as if it were a court to which an application had been made by F97[the F98[Child and Family Agency]] under section 18,<\/p>\n<p>(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 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 F97[the F98[Child and Family Agency]] shall be deemed to have made an application under section 18,<\/p>\n<p>(c) direct that any order under paragraph (a) shall, if necessary, be deemed for the purposes of this Act 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<\/p>\n<p>(d) where it makes an order under paragraph (b), 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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F97<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 20, S.I. No. 887 of 2004.<\/p>\n<p>F98<br \/>\nSubstituted (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.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h4>Power of court to join child as a party and costs of child as a party.<\/h4>\n<p>25.\u2014(1) If in any proceedings under Part IV F200[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not already a party, the court may, where it is satisfied having regard to the age, understanding and wishes of the child and the circumstances of the case that it is necessary in the interests of the child and in the interests of justice to do so, order that the child be joined as a party to, or shall have such of the rights of a party as may be specified by the court in, either the entirety of the proceedings or such issues in the proceedings as the court may direct. The making of any such order shall not require the intervention of a next friend in respect of the child.<\/p>\n<p>(2) Where the court makes an order under subsection (1) or a child is a party to the proceedings otherwise than by reason of such an order, the court may, if it thinks fit, appoint a solicitor to represent the child in the proceedings and give directions as to the performance of his duties (which may include, if necessary, directions in relation to the instruction of counsel).<\/p>\n<p>(3) The making of an order under subsection (1) or the fact that a child is a party to the proceedings otherwise than by reason of such an order shall not prejudice the power of the court under section 30(2) to refuse to accede to a request of a child made thereunder.<\/p>\n<p>(4) Where a solicitor is appointed under subsection (2), the costs and expenses incurred on behalf of a child exercising any rights of a party in any proceedings under this Act shall be paid by the F201[Child and Family Agency] F202[the F203[Agency]] may apply to the court to have the amount of any such costs or expenses measured or taxed.<\/p>\n<p>(5) The court which has made an order under subsection (2) may, on the application to it of F202[the F201[Child and Family Agency]], order any other party to the proceedings in question to pay to F202[the F203[Agency]] any costs or expenses payable by F202[the F203[Agency]] under subsection (4).<\/p>\n<p>F204[(6) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), &#8220;court&#8221; means the High Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F200<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 12(a) and (b), S.I. No. 637 of 2017.<\/p>\n<p>F201<br \/>\nSubstituted (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.<\/p>\n<p>F202<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 38, S.I. No. 887 of 2004.<\/p>\n<p>F203<br \/>\nSubstituted (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.<\/p>\n<p>F204<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 12(a) and (b), S.I. No. 637 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E97<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d in subs. (4) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 38, S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Appointment of guardian ad litem for a child.<\/h4>\n<p>26.\u2014(1) If in any proceedings under Part IV F205[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child.<\/p>\n<p>(2) Any costs incurred by a person in acting as a guardian ad litem under this section shall be paid by the F206[Child and Family Agency]. The F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.<\/p>\n<p>(3) The court which has made an order under subsection (1) may, on the application to it of F207[the F206[Child and Family Agency]], order any other party to the proceedings in question to pay to F207[the F208[Agency]] any costs or expenses payable by F207[the F208[Agency]] under subsection (2).<\/p>\n<p>(4) Where a child in respect of whom an order has been made under subsection (1) becomes a party to the proceedings in question (whether by virtue of an order under section 25 (1) or otherwise) then that order shall cease to have effect.<\/p>\n<p>F209[(5) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), &#8220;court&#8221; means the High Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F205<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 13(a) , S.I. No. 637 of 2017.<\/p>\n<p>F206<br \/>\nSubstituted (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.<\/p>\n<p>F207<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 39, S.I. No. 887 of 2004.<\/p>\n<p>F208<br \/>\nSubstituted (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.<\/p>\n<p>F209<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 13(e), S.I. No. 637 of 2017.<\/p>\n<p>F210<br \/>\nRepealed by Child Care (Amendment) Act 2022 (21\/2022), s. 2(a), not commenced as of date of revision.<\/p>\n<p>F211<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 13(b), not commenced as of date of revision.<\/p>\n<p>F212<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 13(c), not commenced as of date of revision.<\/p>\n<p>F213<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 13(d), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C23<br \/>\nProspective affecting provision: section repealed by Child Care (Amendment) Act 2022 (21\/2022), s. 2(a), not commenced as of date of revision.<\/p>\n<p>Appointment of guardian ad litem for a child.<\/p>\n<p>26.\u2014F210[\u2026]<\/p>\n<p>C24<br \/>\nProspective affecting provision: words inserted in subs. (2) and new subss. (2A), (2B), (2C) and (3A) inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 13(b)-(d), not commenced as of date of revision.<\/p>\n<p>(2) Any costs F211[reasonably] incurred by a person in acting as a guardian ad litem under this section shall be paid by the F206[Child and Family Agency]. The F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.<\/p>\n<p>F212[(2A) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011), without prejudice to the generality of subsection (1), the court shall give directions relating to the service of documents for the proceedings concerned on the guardian ad litem.<\/p>\n<p>(2B) A guardian ad litem shall for the purpose of the proceedings for which he or she is appointed promote the best interests of the child concerned and convey the views of that child to the court, in so far as is practicable, having regard to the age and understanding of the child.<\/p>\n<p>(2C) Where the court makes an appointment under subsection (1) (as amended by the Child Care (Amendment) Act 2011)\u2014<\/p>\n<p>(a) the guardian ad litem concerned may instruct a solicitor to represent him or her in respect of those proceedings and, if necessary, having regard to the circumstances of the case, may instruct counsel in respect of those proceedings, and<\/p>\n<p>(b) where a guardian ad litem instructs a solicitor or counsel or both pursuant to paragraph (a), the costs and expenses reasonably incurred for that purpose shall be paid by the F206[Child and Family Agency] and the F206[Child and Family Agency] may apply to the court to have the amount of any such costs or expenses measured or taxed.]<\/p>\n<p>&#8230;<\/p>\n<p>F213[(3A) The court may, on the application to it of the F206[Child and Family Agency], order any other party to the proceedings in question to pay to the F206[Child and Family Agency] any costs or expenses payable by the F206[Child and Family Agency] under subsection (2C).]<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E98<br \/>\nProspective affecting provision: subss. (2C) and (3A) are amended by substitution of \u201cChild and Family Agency\u201d for \u201cHealth Service Executive\u201d by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 6, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note above. The subsections were inserted by Child Care (Amendment) Act 2011, s. 13(c), not commenced as of date of revision, and are therefore prospective affecting provisions, see C-note above.<\/p>\n<p>E99<br \/>\nGuardian ad litem appointed under section designated as a prescribed person for the purposes of 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), art. 3 and sch. item 19.<\/p>\n<p>E100<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted (1.01.2005) for \u201chealth board\u201d in subs. (2) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 39, S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Power to procure reports on children.<\/h4>\n<p>27.\u2014(1) In any proceedings under Part IV F214[IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the court may, of its own motion or on the application of any party to the proceedings, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the child.<\/p>\n<p>(2) In deciding whether or not to request a report under subsection (1) the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.<\/p>\n<p>(3) A copy of any report prepared under subsection (1) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.<\/p>\n<p>(4) Where any person prepares a report pursuant to a request under subsection (1), the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.<\/p>\n<p>(5) The court, if it thinks fit, or any party to the proceedings, may call the person making the report as a witness.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F214<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 14(a), S.I. No. 637 of 2017.<\/p>\n<p>F215<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 8(d), not commenced as of date of revision.<\/p>\n<p>F216<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 14(b), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C25<br \/>\nProspective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 8(d), not commenced as of date of revision.<\/p>\n<p>F215[(6) In subsection (3), a reference to a party includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.<\/p>\n<p>(7) In this section, where the proceedings are proceedings under Part IVA, &#8220;court&#8221; means the High Court.]<\/p>\n<p>C26<br \/>\nProspective affecting provision: subss. (6) and (7) inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 14(b), not commenced as of date of revision.<\/p>\n<p>F216[(6) In this section, a reference to the party or parties includes a guardian ad litem, if any, appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of the proceedings concerned.<\/p>\n<p>(7) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), &#8220;court&#8221; means the High Court.]<\/p>\n<h4>Jurisdiction.<\/h4>\n<p>28.\u2014(1) The District Court and the Circuit Court on appeal from the District Court shall have jurisdiction to hear and determine proceedings under Part III, IV or VI F217[and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011).]<\/p>\n<p>(2) Proceedings under Part III, IV or VI F218[, and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011),] may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being.<\/p>\n<p>F219[(3) The High Court shall have jurisdiction to hear and determine\u2014<\/p>\n<p>(a) proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), other than proceedings under section 23NP (inserted by the Child Care (Amendment) Act 2011),<\/p>\n<p>(b) any application or other matter under, and in accordance with, this Act (as amended by the Child Care (Amendment) Act 2011) that relates to a special care order, an interim special care order or the hearing and determination of proceedings for special care under Part IVA (as amended by the Child Care (Amendment) Act 2011),<\/p>\n<p>(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and<\/p>\n<p>(d) without prejudice to the generality of paragraph (b), any proceedings relating to section 37 (as amended by the Child Care (Amendment) Act 2011) in so far as they concern a child who is the subject of a special care order or an interim special care order during the period for which the order concerned has effect.<\/p>\n<p>(4) The District Court, and the Circuit Court on appeal from the District Court, shall have jurisdiction to hear and determine an application for a care order or a supervision order notwithstanding that, at the time that application is made, a special care order or an interim special care order has effect in respect of the child concerned.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F217<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 15(1)(a), S.I. No. 637 of 2017.<\/p>\n<p>F218<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 15(1)(b), S.I. No. 637 of 2017.<\/p>\n<p>F219<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 15(2), S.I. No. 637 of 2017.<\/p>\n<p>F220<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 8(e), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C27<br \/>\nProspective affecting provision: subss. (3)(c) amended Child Care (Amendment) Act 2022(21\/2022), s. 8(e), not commenced as of date of revision.<\/p>\n<p>F219[(3) The High Court shall have jurisdiction to hear and determine\u2014 &#8230;<\/p>\n<p>(c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) F220[or Part VA] that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and]<\/p>\n<p>&#8230;<\/p>\n<h4>Hearing of proceedings.<\/h4>\n<p>29.\u2014(1) Proceedings under F221[Part III, IV, IVA or VI] shall be heard otherwise than in public.<\/p>\n<p>(2) The provisions of sections 33 (1), 33 (2) and 45 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to proceedings under F221[Part III, IV, IVA or VI] as they apply to proceedings to which those provisions relate.<\/p>\n<p>(3) The District Court and the Circuit Court on appeal from the District Court shall sit to hear and determine proceedings under Part III, IV or VI at a different place or at different times or on different days from those at or on which the ordinary sittings of the Court are held.<\/p>\n<p>(4) Proceedings before the High Court in relation to proceedings under Part III, IV or VI shall be as informal as is practicable and consistent with the administration of justice.<\/p>\n<p>F222[(5) Nothing contained in this section shall operate to prohibit\u2014<\/p>\n<p>(a) the preparation of a report of proceedings under F223[Part III, IV, IVA or VI] by\u2014<\/p>\n<p>(i) a barrister or a solicitor, F224[or]<\/p>\n<p>(ii) F225[\u2026]<\/p>\n<p>(iii) a person falling within any other class of persons specified in regulations made under subsection (7) for the purposes of this subsection,<\/p>\n<p>(b) the publication of a report prepared in accordance with paragraph (a), or<\/p>\n<p>(c) the publication of the decision of any court in such proceedings,<\/p>\n<p>in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing such a report\u2014<\/p>\n<p>(i) attend the proceedings, and<\/p>\n<p>(ii) have access to any F226[relevant documents],<\/p>\n<p>subject to any directions the court may give in that behalf.<\/p>\n<p>F227[(5A) (a) Subject to paragraph (b), nothing contained in this section shall operate to prohibit bona fide representatives of the Press from attending proceedings referred to in subsection (1).<\/p>\n<p>(b) Subject to paragraphs (c) and (d), where, in proceedings referred to in subsection (1), a court is satisfied that it is necessary to do so\u2014<\/p>\n<p>(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,<\/p>\n<p>(ii) by reason of the nature or circumstances of the case, or<\/p>\n<p>(iii) as it is otherwise necessary in the interests of justice,<\/p>\n<p>the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order\u2014<\/p>\n<p>(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or<\/p>\n<p>(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,<\/p>\n<p>and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.<\/p>\n<p>(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:<\/p>\n<p>(i) the best interests of a child to whom the proceedings relate;<\/p>\n<p>(ii) the views, if any, of\u2014<\/p>\n<p>(I) a party to the proceedings, and<\/p>\n<p>(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;<\/p>\n<p>(iii) whether information given or likely to be given in evidence is sensitive personal information;<\/p>\n<p>(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;<\/p>\n<p>(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;<\/p>\n<p>(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings; and<\/p>\n<p>(vii) whether information of the type referred to in subparagraphs (iii) and (vi) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.<\/p>\n<p>(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.<\/p>\n<p>(e) Where evidence in proceedings referred to in subsection (1) concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.<\/p>\n<p>(f) In this subsection\u2014<\/p>\n<p>&#8220;party to the proceedings&#8221; includes a witness in the proceedings;<\/p>\n<p>&#8220;sensitive personal information&#8221; means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to\u2014<\/p>\n<p>(i) information relating to the medical, psychiatric or psychological history of the person,<\/p>\n<p>(ii) information relating to the tax affairs of the person,<\/p>\n<p>(iii) information relating to the sexual conduct or sexual orientation of the person.]]<\/p>\n<p>F229[(5B) (a) Where the Minister is satisfied that the attendance by an officer of the Minister at proceedings referred to in subsection (1) will assist the Minister in\u2014<\/p>\n<p>(i) the performance of his or her functions pursuant to Part VA and any regulations made thereunder, including the promotion of high professional standards and good practice by guardians ad litem in the performance of their functions under this Act, or<\/p>\n<p>(ii) the review of the operation of this Act, in particular in relation to the care and protection of children,<\/p>\n<p>the Minister may grant an approval to the officer (in this subsection referred to as an &#8220;approved officer&#8221;) for the purposes of such attendance.<\/p>\n<p>(b) An approval under paragraph (a) shall specify\u2014<\/p>\n<p>(i) the name of the approved officer to whom it is granted,<\/p>\n<p>(ii) the purpose for which it is granted,<\/p>\n<p>(iii) the period for which it is valid,<\/p>\n<p>(iv) the proceedings that the approved officer is permitted to attend,<\/p>\n<p>(v) the purposes for which information, obtained by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), may be processed, which shall include the preparation of a report under paragraph (c)(iii) and the assistance of the Minister for a purpose referred to in paragraph (a),<\/p>\n<p>(vi) without prejudice to any other requirement of the Data Protection Regulation or the Data Protection Act 2018, a requirement that personal data and special categories of personal data contained in information obtained, by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), shall be kept in such form that does not permit the identification of the parties to the proceedings or any child to whom the proceedings relate, and<\/p>\n<p>(vii) such other matters as the Minister considers appropriate.<\/p>\n<p>(c) Subject to any directions the court may give, nothing contained in this section shall operate to prohibit for the purposes specified in an approval\u2014<\/p>\n<p>(i) the attendance of an approved officer at proceedings referred to in subsection (1),<\/p>\n<p>(ii) the access by such officer to any relevant documents of the proceedings referred to in subsection (1), and<\/p>\n<p>(iii) the preparation by such officer of a report of the proceedings to assist the Minister for a purpose referred to in paragraph (a), provided that the report does not contain any information which would enable the parties to the proceedings or any child to whom the proceedings relate to be identified.<\/p>\n<p>(d) In this subsection\u2014<\/p>\n<p>&#8220;personal data&#8221; has the same meaning as it has in the Data Protection Regulation;<\/p>\n<p>&#8220;proceedings&#8221; include proceedings commenced but not completed before the commencement of this subsection;<\/p>\n<p>&#8220;special categories of personal data&#8221; has the same meaning as it has in the Data Protection Act 2018.]<\/p>\n<p>(6) F228[\u2026]<\/p>\n<p>(7) The Minister may, after consultation with the Minister for Justice, Equality and Law Reform, make regulations specifying a class of persons for the purposes of subsection (5) if the Minister is satisfied that the publication of reports prepared in accordance with subsection (5)(a) by persons falling within that class is likely to provide information which will assist in the better operation of this Act, in particular in relation to the care and protection of children.<\/p>\n<p>(8) Nothing contained in this section shall be construed to prejudice the generality of\u2014<\/p>\n<p>(a) any other provision of this Act (including this Act as amended by the Child Care (Amendment) Act 2007) or any thing which may be done under any such provision, or<\/p>\n<p>(b) section 267(2) of the Children Act 2001.<\/p>\n<p>(9) In subsection (5), &#8220;proceedings&#8221; include proceedings commenced but not completed before the commencement of that subsection.<\/p>\n<p>F230[(10) In subsections (5) and (5B), &#8220;relevant documents&#8221;, in relation to any proceedings referred to in those subsections, means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):<\/p>\n<p>(a) the originating document in the proceedings;<\/p>\n<p>(b) pleadings and other documents (including the terms of settlement, if any) produced to, or lodged with, the court or included in the book of pleadings;<\/p>\n<p>(c) reports prepared in the course of the proceedings or otherwise under this Act and produced to, or lodged with, the court including\u2014<\/p>\n<p>(i) a report prepared by the Child and Family Agency, and<\/p>\n<p>(ii) a report furnished by a guardian ad litem under section 35E(2);<\/p>\n<p>and<\/p>\n<p>(d) any order, decision or judgment of the court in the proceedings.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F221<br \/>\nSubstituted (21.09.2022) by Child Care (Amendment) Act 2022 (21\/2022), s. 6(a), (b), S.I. No. 464 of 2022.<\/p>\n<p>F222<br \/>\nInserted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 3, S.I. No. 509 of 2007.<\/p>\n<p>F223<br \/>\nSubstituted (21.09.2022) by Child Care (Amendment) Act 2022 (21\/2022), s. 6(c)(i), S.I. No. 464 of 2022.<\/p>\n<p>F224<br \/>\nInserted (8.09.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 46(2)(a)(i), S.I. No. 453 of 2011.<\/p>\n<p>F225<br \/>\nDeleted (8.09.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 46(2)(a)(ii), S.I. No. 453 of 2011.<\/p>\n<p>F226<br \/>\nSubstituted (21.09.2022) by Child Care (Amendment) Act 2022 (21\/2022), s. 6(c)(ii), S.I. No. 464 of 2022.<\/p>\n<p>F227<br \/>\nInserted by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 8, S.I. No. 5 of 2014.<\/p>\n<p>F228<br \/>\nDeleted (8.09.2011) by Child Care (Amendment) Act 2011 (19\/2011), s. 46(2)(b), S.I. No. 453 of 2011.<\/p>\n<p>F229<br \/>\nInserted (21.09.2022) by Child Care (Amendment) Act 2022 (21\/2022), s. 6(d), S.I. No. 464 of 2022.<\/p>\n<p>F230<br \/>\nInserted (21.09.2022) by Child Care (Amendment) Act 2022 (21\/2022), s. 6(e), S.I. No. 464 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E101<br \/>\nPower pursuant to subs. (7) exercised (28.11.2012) by Child Care Act 1991 (Section 29(7)) Regulations (S.I. No. 467 of 2012).<\/p>\n<p>E102<br \/>\nPrevious affecting provision: subs. (5)(a)(ii) inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 3, S.I. No. 509 of 2007; deleted as per F-note above.<\/p>\n<p>E103<br \/>\nPrevious affecting provision: subs. (6) inserted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 3, S.I. No. 509 of 2007; deleted as per F-note above.<\/p>\n<h4>Power to proceed in absence of child.<\/h4>\n<p>30.\u2014(1) It shall not be necessary in proceedings under Part III, IV F231[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI for the child to whom the proceedings relate to be brought before the court or to be present for all or any part of the hearing unless the court, either of its own motion or at the request of any of the parties to the case, is satisfied that this is necessary for the proper disposal of the case.<\/p>\n<p>(2) Where the child requests to be present during the hearing or a particular part of the hearing of the proceedings the court shall grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child\u2019s interests to accede to the request.<\/p>\n<p>F232[(3) In subsection (1) and (2), where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), &#8220;court&#8221; means the High Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F231<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 16(a), S.I. No. 637 of 2017.<\/p>\n<p>F232<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 16(b), S.I. No. 637 of 2017.<\/p>\n<h4>Prohibition on publication or broadcast of certain matters.<\/h4>\n<p>31.\u2014(1) No matter likely to lead members of the public to identify a child who is or has been the subject of proceedings under Part III, IV F233[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI F234[shall be published or broadcast.]<\/p>\n<p>(2) Without prejudice to subsection (1), the court may, in any case if satisfied that it is appropriate to do so in the interests of the child, by order dispense with the prohibitions of that subsection in relation to him to such extent as may be specified in the order.<\/p>\n<p>(3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely\u2014<\/p>\n<p>(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,<\/p>\n<p>(b) in the case of any other publication, the person who publishes it, and<\/p>\n<p>(c) in the case of a broadcast, F235[any person] who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,<\/p>\n<p>F236[shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine not exceeding \u20ac50,000 or to imprisonment for a term not exceeding 3 years or both.]<\/p>\n<p>F237[(3A) (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]<\/p>\n<p>(4) Nothing in this section shall affect the law as to contempt of court.<\/p>\n<p>(5) F238[\u2026]<\/p>\n<p>F239[(5A) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), &#8220;court&#8221; means the High Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F233<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 17(a), S.I. No. 637 of 2017.<\/p>\n<p>F234<br \/>\nSubstituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 9(a), S.I. No. 5 of 2014.<\/p>\n<p>F235<br \/>\nSubstituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2003), s. 9(b), S.I. No. 5 of 2014.<\/p>\n<p>F236<br \/>\nSubstituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2003), s. 9(b), S.I. No. 5 of 2014. A class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>F237<br \/>\nInserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013i (32\/2003), s. 9(c), S.I. No. 5 of 2014.<\/p>\n<p>F238<br \/>\nRepealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32\/2013), s. 2(3), S.I. No. 334 of 2014.<\/p>\n<p>F239<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 17(b), S.I. No. 637 of 2017.<\/p>\n<h4>Presumption and determination of age.<\/h4>\n<p>32.\u2014In any application for an order under Part III, IV or VI, the court F240[, or for a special care order or an interim special care order under Part IVA (as amended by the Child Care (Amendment) Act 2011), the High Court)] shall make due inquiry as to the age of the person to whom the application relates and the age presumed or declared by the court F241[, or as the case may be, the High Court,] to be the age of that person shall, until the contrary is proved, for the purposes of this Act, be deemed to be the true age of that person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F240<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 18(a), S.I. No. 637 of 2017.<\/p>\n<p>F241<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 18(b), S.I. No. 637 of 2017.<\/p>\n<h4>Rules of court.<\/h4>\n<p>33.\u2014(1) For the purpose of ensuring the expeditious hearing of applications under Part III, IV or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.<\/p>\n<p>F242[(1A) For the purposes of ensuring the expeditious hearing of applications and proceedings under, and in relation to, Part IVA (as amended by the Child Care (Amendment) Act 2011), rules of court may make provision for the service of superior court documents otherwise than under section 23 of the Courts Act 1971.]<\/p>\n<p>(2) Rules of court may make provision for the furnishing of information and documents by parties to proceedings under Part III, IV F243[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI to each other or to solicitors acting for them.<\/p>\n<p>(3) This section is without prejudice to section 17 of the Interpretation Act, 1937, which provides for rules of court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F242<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 19(a), S.I. No. 637 of 2017.<\/p>\n<p>F243<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 19(b), S.I. No. 637 of 2017.<\/p>\n<p>F244<br \/>\nSubstituted byChild Care (Amendment) Act 2022(21\/2022), s. 8(f)(i), not commenced as of date of revision.<\/p>\n<p>F245<br \/>\nInserted by Child Care (Amendment) Act 2022(21\/2022), s. 8(f)(ii), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C28<br \/>\nProspective affecting provision: subs. (1) amended and subs. (4) inserted by Child Care (Amendment) Act 2022(21\/2022), s. 8(f)(i), (ii), not commenced as of date of revision.<\/p>\n<p>33.\u2014(1) For the purpose of ensuring the expeditious hearing of applications under Part III, F244[IV, VA] or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.<\/p>\n<p>&#8230;<\/p>\n<p>F245[(4) In subsection (2), a reference to parties to proceedings includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.]<\/p>\n<h4>Failure or refusal to deliver up a child.<\/h4>\n<p>34.\u2014(1) Without prejudice to the law as to contempt of court, where the District Court has made an order under Part III or IV directing that a child be placed or maintained in the care of F246[the F247[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F246[the F248[Agency]], to give up the child to F246[the F248[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.<\/p>\n<p>(2) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under Part III or IV if that person was present at the sitting of the court at which such an order was made.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F246<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 40, S.I. No. 887 of 2004.<\/p>\n<p>F247<br \/>\nSubstituted (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.<\/p>\n<p>F248<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E104<br \/>\nA fine of \u00a3500 converted (1.01.1999) to \u20ac634.86. This translates into a class D fine, not greater than \u20ac1,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(2) and table ref. no. 12, S.I. No. 662 of 2010.<\/p>\n<h4>Warrant to search for and deliver up a child.<\/h4>\n<p>35.\u2014Where a justice has made an order under Part IV directing that a child be placed or maintained in the care of F249[the F250[Child and Family Agency]], a justice may for the purpose of executing that order issue a warrant authorising a member of the Garda S\u00edoch\u00e1na, accompanied by such other members of the Garda S\u00edoch\u00e1na 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, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F249[the F250[Child and Family Agency]].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F249<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 41, S.I. No. 887 of 2004.<\/p>\n<p>F250<br \/>\nSubstituted (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.<\/p>\n<p>F251[PART VA<\/p>\n<h4>Guardians ad Litem<\/h4>\n<p>]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F251<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F252[Interpretation (Part VA)<\/p>\n<p>35A.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F252<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C29<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F252[35A.\u2014(1) In this Part \u2014<\/p>\n<p>&#8220;appointed&#8221; means appointed under section 35C(1);<\/p>\n<p>&#8220;authorisation&#8221; means an authorisation issued to a person under section 35L(1);<\/p>\n<p>&#8220;child&#8221;, in relation to a guardian ad litem, means the child to whom the proceedings under Part IV, IVA, IVB or VI relate, and for whom the guardian ad litem is, or is to be, appointed;<\/p>\n<p>&#8220;guardian ad litem&#8221; means a person in respect of whom an authorisation is issued;<\/p>\n<p>&#8220;relevant date&#8221; means the date on which section 7 of the Child Care (Amendment) Act 2022 comes into operation.<\/p>\n<p>(2) In this Part\u2014<\/p>\n<p>(a) a reference to the District Court shall be construed as including a reference to the Circuit Court on appeal from the District Court, and<\/p>\n<p>(b) where the proceedings are proceedings under Part IVA, &#8220;court&#8221; means the High Court.]<\/p>\n<p>F253[Order directing appointment of guardian ad litem<\/p>\n<p>35B.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F253<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C30<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F253[35B.\u2014(1) A guardian ad litem shall not be appointed for a child in proceedings under this Act unless an order directing such appointment has been made under this section.<\/p>\n<p>(2) In proceedings under Part IVA, the High Court shall by order direct that a guardian ad litem be appointed for a child.<\/p>\n<p>(3) In proceedings under Part IV, IVB or VI, the District Court shall by order direct that a guardian ad litem be appointed for a child, unless the court\u2014<\/p>\n<p>(a) is satisfied, having regard to all of the circumstances that the court considers relevant to the child including the matters referred to in paragraphs (a) to (g) of section 24(2), that the best interests of the child can be determined without such appointment being made, and<\/p>\n<p>(b) in respect of a child who is capable of forming his or her own views, it has determined other means by which to facilitate the expression by the child of those views.<\/p>\n<p>(4) Where the District Court decides not to make an order under subsection (3), it shall give reasons for its decision in writing.<\/p>\n<p>(5) Where a court makes an order under subsection (2) or (3), the court shall give directions relating to\u2014<\/p>\n<p>(a) the service on the Minister of such documents relating to the proceedings as he or she may require for the performance of his or her functions under section 35C,<\/p>\n<p>(b) the service on such guardian ad litem as may be appointed of documents relating to the proceedings, and<\/p>\n<p>(c) the notification of the making of the order and the appointment of a guardian ad litem under section 35C(1) to the parties to the proceedings.]<\/p>\n<p>F254[Appointment of guardian ad litem for child<\/p>\n<p>35C.\u2014 \u2026]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F254<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C31<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F254[35C.\u2014(1) Where an order under section 35B(2), (3) or 35H(3)(b) is made, the Minister shall appoint a guardian ad litem for the child to whom the order relates.<\/p>\n<p>(2) The Minister shall notify the court that made the order under section 35B(2), (3) or 35H(3)(b), as the case may be, of an appointment under subsection (1) as soon as practicable after the making of such an appointment.<\/p>\n<p>(3) The power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem in place of the guardian ad litem who stands appointed under that subsection.<\/p>\n<p>(4) Where the Minister appoints a guardian ad litem for a child pursuant to an order under section 35H(3)(b), the power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem other than the guardian ad litem previously appointed for the child in the proceedings and to whom the order relates.]<\/p>\n<p>F255[Legal advice and legal representation<\/p>\n<p>35D.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F255<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C32<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F255[35D.\u2014(1) In proceedings under Part IVA, where a guardian ad litem is appointed for a child pursuant to an order under section 35B(2) or 35H(3)(b), the Minister shall provide, or arrange for the provision, to the guardian ad litem of legal advice and legal representation for the purposes of the proceedings for which the guardian ad litem is appointed.<\/p>\n<p>(2) In proceedings under Part IV, IVB or VI, following the making of an order under section 35B(3) or 35H(3)(b), at the request of the guardian ad litem appointed for the child, the Minister, for the purposes of the proceedings for which the guardian ad litem is appointed\u2014<\/p>\n<p>(a) shall provide, or arrange for the provision, to the guardian ad litem of legal advice, and<\/p>\n<p>(b) may, where he or she considers that it is in the best interests of the child, provide, or arrange for the provision, to the guardian ad litem of such legal representation as the Minister considers appropriate having regard to the matters specified in subsection (3).<\/p>\n<p>(3) In determining for the purposes of subsection (2)(b) whether the provision of legal representation to the guardian ad litem is in the best interests of the child, the Minister shall have regard to:<\/p>\n<p>(a) the views (if any) in relation to legal representation being provided to the guardian ad litem expressed by the court that made the order under section 35B(3) or 35H(3)(b);<\/p>\n<p>(b) whether the guardian ad litem intends to make an application under this Act in relation to the child;<\/p>\n<p>(c) the opinion of the guardian ad litem in relation to any application made in the proceedings;<\/p>\n<p>(d) whether an order has been made under section 35E(11).]<\/p>\n<p>F256[Functions of guardians ad litem appointed under section 35C<\/p>\n<p>35E.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F256<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C33<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F256[35E.\u2014(1) The functions of a guardian ad litem appointed for a child shall be\u2014<\/p>\n<p>(a) in so far as practicable and where the child is capable of forming his or her own views, to ascertain the views of the child in relation to any matter to which the proceedings relate, and<\/p>\n<p>(b) to make recommendations to the court regarding what is in the best interests of the child\u2014<\/p>\n<p>(i) where the child has expressed views referred to in paragraph (a), after having considered those views, or<\/p>\n<p>(ii) where the child is not capable of forming or expressing his or her views or is unwilling to express his or her views.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), a guardian ad litem appointed for a child shall\u2014<\/p>\n<p>(a) furnish to the court a report that\u2014<\/p>\n<p>(i) conveys any views expressed by the child in relation to the matters to which the proceedings relate, and<\/p>\n<p>(ii) contains the recommendations of the guardian ad litem regarding what is in the best interests of the child and the reasons for those recommendations,<\/p>\n<p>(b) having regard to the age and maturity of the child, inform him or her of\u2014<\/p>\n<p>(i) the recommendations referred to in paragraph (a)(ii),<\/p>\n<p>(ii) the outcome of the proceedings, and<\/p>\n<p>(iii) such other matters relevant to the proceedings as the guardian ad litem considers appropriate,<\/p>\n<p>(c) inform the court of any additional matters, relevant to the best interests of the child, coming to his or her knowledge as a result of the performance by the guardian ad litem of his or her functions, and<\/p>\n<p>(d) perform such additional functions as the court, having regard to subsection (3), may of its own motion direct either generally or for a specified purpose.<\/p>\n<p>(3) In determining for the purpose of subsection (2)(d) whether to direct the performance by a guardian ad litem of such additional functions as the court may specify, the court shall have regard to the nature of the case and whether such performance is necessary and in the best interests of the child.<\/p>\n<p>(4) Subject to this Part, a guardian ad litem appointed for a child shall be independent in the performance of his or her functions.<\/p>\n<p>(5) A guardian ad litem shall, in the performance of his or her functions under this Part, regard the best interests of the child as the paramount consideration.<\/p>\n<p>(6) In determining for the purposes of this section what is in the best interests of the child, a guardian ad litem appointed for the child shall have regard to all of the circumstances that he or she considers relevant to that child, including the matters referred to in paragraphs (a) to (g) of section 24(2).<\/p>\n<p>(7) Subject to subsection (9), a copy of a report furnished to the court under subsection (2)(a) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings, or, if any party is not so represented, to that party and may be received in evidence in the proceedings.<\/p>\n<p>(8) The court or any party to the proceedings may call a guardian ad litem appointed for a child as a witness.<\/p>\n<p>(9) The court may, where it considers appropriate, order that such part of the report as is specified in the order shall be omitted from a copy made available under subsection (7).<\/p>\n<p>(10) A guardian ad litem appointed for a child is not a party to the proceedings.<\/p>\n<p>(11) Notwithstanding subsection (10), the court may, in any proceedings under this Act in which a guardian ad litem has been appointed for a child pursuant to an order under section 35B(2), (3) or 35H(3)(b), of its own motion or on the application of the guardian ad litem, where it is satisfied, having regard to the nature of the case, that it is necessary and in the best interests of the child and in the interests of justice to do so, order that the guardian ad litem shall have such of the rights of a party as may be specified by the court in the entirety of the proceedings or in respect of such issues in the proceedings as the court may direct.]<\/p>\n<p>F257[Powers of guardians ad litem appointed under section 35C<\/p>\n<p>35F.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F257<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C34<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F257[35F.\u2014(1) A guardian ad litem appointed for a child may make an application to the court\u2014<\/p>\n<p>(a) subject to subsection (4), to procure a report on any question affecting the welfare of the child where\u2014<\/p>\n<p>(i) there is no report on the question concerned, or<\/p>\n<p>(ii) the information in a report on the question concerned is out of date,<\/p>\n<p>(b) for the provision of information to the guardian ad litem by any person, or<\/p>\n<p>(c) in relation to any other matter relating to his or her functions.<\/p>\n<p>(2) The court may by order\u2014<\/p>\n<p>(a) on an application under subsection (1)(a), direct the Child and Family Agency to procure a report from such person as the court may nominate on any question affecting the welfare of the child,<\/p>\n<p>(b) on an application under subsection (1)(b), direct such person as the court considers appropriate to provide specified information to the guardian ad litem appointed for the child, and<\/p>\n<p>(c) on an application under subsection (1)(c), give such directions as the court considers appropriate.<\/p>\n<p>(3) In deciding whether or not to give a direction under subsection (2)(a), the court shall have regard to the wishes of the parties to the proceedings.<\/p>\n<p>(4) A guardian ad litem appointed for a child shall consult the parties to the proceedings or the counsel or solicitor, if any, representing such parties before making an application under subsection (1)(a).<\/p>\n<p>(5) Where a court gives a direction under subsection (2), a person to whom the direction is made shall, subject to subsection (9), comply with such direction.<\/p>\n<p>(6) A copy of a report prepared pursuant to a direction under subsection (2)(a) shall be made available to the guardian ad litem appointed for the child, the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.<\/p>\n<p>(7) The court may, where it considers appropriate, order that such part of a report prepared pursuant to a direction under subsection (2)(a) as is specified in the order shall be omitted from a copy made available under subsection (6).<\/p>\n<p>(8) Where a person prepares a report pursuant to a direction under subsection (2)(a)\u2014<\/p>\n<p>(a) the fees and expenses of the person shall be paid by such party to the proceedings as the court shall order, and<\/p>\n<p>(b) the court, the guardian ad litem or any party to the proceedings may call the person as a witness.<\/p>\n<p>(9) Nothing in this section shall operate to require a person to provide a guardian ad litem appointed for a child with any information that the person would be entitled to refuse to provide on the grounds of legal professional privilege.]<\/p>\n<p>F258[Provision of information by Child and Family Agency<\/p>\n<p>35G. \u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F258<br \/>\nInserted by Child Care (Amendment) Act 2022(21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C35<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F258[35G.\u2014(1) A guardian ad litem appointed for a child may request the Child and Family Agency to provide to him or her any information relating to the welfare of the child necessary for the performance by the guardian ad litem of his or her functions under this Act.<\/p>\n<p>(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018 \u2014<\/p>\n<p>(a) the Child and Family Agency shall comply with a request under subsection (1), and<\/p>\n<p>(b) the guardian ad litem may apply to the court to determine any dispute between the guardian ad litem and the Agency in relation to the requirement of the Agency to provide information under this section.<\/p>\n<p>(3) The Child and Family Agency, in complying with a request under subsection (1), is not required to furnish information that would be exempt from production in proceedings in a court on the grounds of legal professional privilege.]<\/p>\n<p>F259[Cessation of appointment and re-appointment of guardian ad litem<\/p>\n<p>35H.\u2014]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F259<br \/>\nInserted by Child Care (Amendment) Act 2022(21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C36<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F259[35H.\u2014(1) Subject to subsections (3) and (4), an order under section 35B(2) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:<\/p>\n<p>(a) where the High Court makes a special care order\u2014<\/p>\n<p>(i) on the expiration of the period specified in the special care order or such extended period (within the meaning of section 23J(9)), if any, for which the special care order has effect, or<\/p>\n<p>(ii) upon the discharge of the special care order under section 23NE,whichever is the earlier;<\/p>\n<p>(b) where the High Court makes an interim special care order\u2014<\/p>\n<p>(i) on the expiration of the period specified in the interim special care order or such extended period (within the meaning of section 23N(9)), if any, for which the interim special care order has effect, or<\/p>\n<p>(ii) upon the discharge of the interim special care order under section 23NE,whichever is the earlier;<\/p>\n<p>(c) upon a determination by the High Court not to make a special care order or an interim special care order, as the case may be, in respect of the child to whom the order relates;<\/p>\n<p>(d) by direction of the High Court; or<\/p>\n<p>(e) when the child to whom the order relates attains the age of 18 years.<\/p>\n<p>(2) Subject to subsections (3) and (4), an order under section 35B(3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:<\/p>\n<p>(a) where the District Court makes an interim care order under section 17, on the expiration of the period specified in the interim care order or any extension of such period under subsection (2) of that section;<\/p>\n<p>(b) upon a determination by the District Court to refuse to make an interim care order under section 17;<\/p>\n<p>(c) upon a determination by the District Court of an application under section 18(1) for a care order;<\/p>\n<p>(d) upon a determination by the District Court of an application under section 19(1) for a supervision order;<\/p>\n<p>(e) upon a determination by the District Court of an application under\u2014<\/p>\n<p>(i) section 22(a), (b) or (c),<\/p>\n<p>(ii) section 43A, or<\/p>\n<p>(iii) section 43B(1);<\/p>\n<p>(f) other than where the child to whom the order relates is in the care of the Child and Family Agency under section 17, upon a determination by the District Court of an application under\u2014<\/p>\n<p>(i) section 37(2) or (3), or<\/p>\n<p>(ii) section 47;<\/p>\n<p>(g) by direction of the District Court; or<\/p>\n<p>(h) when the child to whom the order relates attains the age of 18 years.<\/p>\n<p>(3) Where a court by order directs that proceedings in which an order has been made under section 35B(2) or (3) are to be kept under review, the court may\u2014<\/p>\n<p>(a) direct that the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect until such time as a hearing of a review is due to take place, and<\/p>\n<p>(b) prior to the date of the review, by order direct that a guardian ad litem previously appointed for the child in the proceedings be re\u2011appointed for that child.<\/p>\n<p>(4) Where a child in respect of whom a court has made an order under section 35B(2) or (3), as the case may be, becomes a party to the proceedings by order under section 25(1), or otherwise than by reason of such an order, the court shall determine when the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect having regard to the matters referred to in paragraphs (a) to (g) of section 24(2).<\/p>\n<p>(5) In subsections (1) and (2), a reference to an order, a determination or a direction is a reference to such order, determination or direction in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.<\/p>\n<p>(6) For the purposes of subsection (1)(a)(i), where the High Court, pursuant to an application to which subsection (2)(b) or (5)(b) of section 23NJ applies, makes a special care order (in this subsection referred to as the &#8220;subsequent care order&#8221;)\u2014<\/p>\n<p>(a) a reference in subsection (1)(a)(i) to the expiration of the period specified in a special care order shall be construed as including a reference to the expiration of the period specified in the subsequent care order, and<\/p>\n<p>(b) a reference to the expiration of an extended period for which the special care order has effect shall be construed as including a reference to the expiration of an extended period for which the subsequent care order has effect.<\/p>\n<p>(7) Where an interim special care order referred to in subsection (1)(b) is an order made in accordance with section 23L(3), a reference in that subsection to an interim special care order shall be construed as including a reference to such interim special care order that the High Court may make at a hearing referred to in section 23M(1)(a).]<\/p>\n<p>F260[Costs<\/p>\n<p>35I.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F260<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C37<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F260[35I.\u2014(1) Any costs or expenses reasonably incurred by a guardian ad litem in the exercise of his or her functions under this Act shall be paid by the Minister and the Minister may apply to the court to have the amount of any such costs or expenses measured or taxed.<\/p>\n<p>(2) The court may, on the application to it in that behalf by the Minister, order a party to proceedings in which a guardian ad litem is appointed to pay to the Minister any costs or expenses payable by the Minister under subsection (1).<\/p>\n<p>(3) In this section, &#8220;costs or expenses&#8221; means costs or expenses in respect of work done on or after the relevant date.]<\/p>\n<p>F261[Regulations<\/p>\n<p>35J.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F261<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C38<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F261[35J.\u2014(1) The Minister may, for the purpose of promoting high professional standards and good practice on the part of guardians ad litem, make regulations relating to the standard of performance by guardians ad litem of their functions under this Act, and, without prejudice to the generality of the foregoing, such regulations may:<\/p>\n<p>(a) specify the standards to be applied to guardians ad litem in the performance by them of their functions under this Act;<\/p>\n<p>(b) make provision for the training of guardians ad litem;<\/p>\n<p>(c) make provision for codes of conduct for guardians ad litem;<\/p>\n<p>(d) make provision for the procedures that are to apply to monitor, measure and evaluate the performance by guardians ad litem of their functions under this Act;<\/p>\n<p>(e) make provision for the establishment and administration of a system of investigation and adjudication of complaints against guardians ad litem;<\/p>\n<p>(f) make provision for the procedures that are to apply in respect of the keeping of records by guardians ad litem;<\/p>\n<p>(g) specify such fees and expenses to be paid to guardians ad litem as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine;<\/p>\n<p>(h) make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of the provision, or arrangement for the provision of, legal advice to, and legal representation for, guardians ad litem;<\/p>\n<p>(i) make provision for such other matters as the Minister considers necessary to ensure that guardians ad litem are capable of performing their functions under this Act.<\/p>\n<p>(2) Regulations under this section may make different provision in relation to different classes of persons and different classes of proceedings, and contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]<\/p>\n<p>F262[Provision of information by guardians ad litem to Minister<\/p>\n<p>35K.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F262<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C39<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F262[35K.\u2014(1) The Minister may request a guardian ad litem to provide the Minister with such information relating to the performance of the functions of the guardian ad litem under this Act (including information relating to the proceedings in which he or she has been appointed for a child) as is necessary for the performance by the Minister of his or her functions under this Part.<\/p>\n<p>(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, a guardian ad litem shall comply with a request under subsection (1).<\/p>\n<p>(3) The Minister may use such information provided in response to a request under subsection (1) as he or she requires for the performance of his or her functions under this Part.]<\/p>\n<p>F263[Authorisation<\/p>\n<p>35L.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F263<br \/>\nInserted by Child Care (Amendment) Act 2022(21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C40<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022(21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F263[35L.\u2014(1) Subject to this section, the Minister may issue an authorisation in writing to such and so many persons as the Minister considers appropriate to perform the functions conferred on a guardian ad litem by or under this Act.<\/p>\n<p>(2) A person will not be considered appropriate for the purposes of subsection (1) unless\u2014<\/p>\n<p>(a) the person is a member of a class prescribed under subsection (3)(a), and<\/p>\n<p>(b) subject to subsection (3)(c), the person satisfies such requirements as may be specified under subsection (3)(b).<\/p>\n<p>(3) The Minister may by regulations\u2014<\/p>\n<p>(a) prescribe a class or classes of persons who, in the opinion of the Minister, are suitable to be guardians ad litem,<\/p>\n<p>(b) specify the requirements that a member of a class or classes prescribed under paragraph (a) shall satisfy in order to be considered appropriate for the purposes of subsection (1), and<\/p>\n<p>(c) provide for exemptions from any requirement referred to in paragraph (b) for a specified class or classes of persons.<\/p>\n<p>(4) When prescribing a class or classes of persons under subsection (3)(a), the Minister shall have regard to\u2014<\/p>\n<p>(a) the functions to be performed by guardians ad litem under this Act, and<\/p>\n<p>(b) the qualifications, minimum level of professional experience, training and expertise of such class or classes of persons.<\/p>\n<p>(5) When specifying requirements under subsection (3)(b) and providing for exemptions under subsection (3)(c) in respect of such requirements, the Minister shall have regard to\u2014<\/p>\n<p>(a) the functions to be performed by guardians ad litem under this Act, and<\/p>\n<p>(b) the promotion of high professional standards and good practice on the part of guardians ad litem.<\/p>\n<p>(6) Where the Minister is considering issuing an authorisation to a person, the Minister may request the person to provide the Minister with such information as the Minister may require in order to decide whether to issue the authorisation and the person shall comply with the request concerned.<\/p>\n<p>(7) Where in the opinion of the Minister a person fails without good cause to comply with a request under subsection (6), the Minister may have regard to such failure when considering whether to issue an authorisation to the person.]<\/p>\n<p>F264[Notification of relevant matters<\/p>\n<p>35M.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F264<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C41<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F264[35M.\u2014(1) A guardian ad litem shall notify the Minister in writing of any relevant matter in relation to him or her which would be likely to affect his or her authorisation, as soon as practicable and in any event not later than 14 days after that matter comes to the knowledge of the guardian ad litem.<\/p>\n<p>(2) In this section, &#8220;relevant matter&#8221;, includes a criminal record within the meaning of section 2 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, other than a conviction to which section 14A of that Act applies.]<\/p>\n<p>F265[Revocation of authorisation<\/p>\n<p>35N.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F265<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C42<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F265[35N.\u2014The Minister may revoke an authorisation issued in respect of a person if it appears to the Minister that\u2014<\/p>\n<p>(a) any requirement for the granting of the authorisation is no longer satisfied,<\/p>\n<p>(b) the person has failed to comply with section 35M(1),<\/p>\n<p>(c) the person has committed a serious breach of regulations made under this Part,<\/p>\n<p>(d) the person has become incapable through ill-health or otherwise of performing the functions of a guardian ad litem under this Act, or<\/p>\n<p>(e) there are other good and sufficient reasons to do so.]<\/p>\n<p>F266[Cessation of authorisation<\/p>\n<p>35O. \u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F266<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C43<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F266[35O.\u2014(1) An authorisation issued in respect of a person shall cease to have effect\u2014<\/p>\n<p>(a) where it is revoked under section 35N,<\/p>\n<p>(b) in the case of a person who is an officer of the Minister, where the person ceases to be an officer of the Minister,<\/p>\n<p>(c) in the case of a person with whom the Minister has entered into a contract for services under section 35P, on the expiry of the period of the contract, or on the expiry of such further period as the Minister may direct in accordance with subsection (3), or<\/p>\n<p>(d) at the request of the person.<\/p>\n<p>(2) Where an authorisation ceases in accordance with subsection (1) and the person in respect of whom the authorisation was issued stands appointed for a child, the person concerned shall cease to be so appointed.<\/p>\n<p>(3) Where the period of a contract referred to in subsection (1)(c) is due to expire before the conclusion of proceedings in which a person is appointed for a child, the Minister may direct that the authorisation issued in respect of the person shall continue for such period as the Minister considers necessary having regard to the proceedings concerned.]<\/p>\n<p>F267[Contracts for services<\/p>\n<p>35P.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F267<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C44<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F267[35P.\u2014(1) This section applies to a person who the Minister is satisfied is appropriate to perform the functions conferred on a guardian ad litem by or under this Act.<\/p>\n<p>(2) The Minister may enter into contracts for services with such and so many persons to whom the section applies as the Minister considers necessary for the performance by him or her of the functions under section 35C(1) or 35L(1).<\/p>\n<p>(3) A contract for services entered into under subsection (2) shall contain such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.<\/p>\n<p>(4) The Minister may issue an authorisation to a person with whom he or she has entered into a contract for services under subsection (2).]<\/p>\n<p>F268[Transitional and saving provisions (Part VA)<\/p>\n<p>35Q.\u2014 &#8230;]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F268<br \/>\nInserted by Child Care (Amendment) Act 2022 (21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C45<br \/>\nProspective affecting provision: section inserted by Child Care (Amendment) Act 2022(21\/2022), s. 7, not commenced as of date of revision.<\/p>\n<p>F268[35Q.\u2014(1) Where immediately prior to the relevant date a person\u2014<\/p>\n<p>(a) stands appointed under section 26 as a guardian ad litem,<\/p>\n<p>(b) is a person in respect of whom the Minister has received a vetting disclosure, and<\/p>\n<p>(c) is a person who the Minister is satisfied is a fit and proper person to be a guardian ad litem,<\/p>\n<p>then, on and from that date, the appointment shall be deemed to be an appointment under section 35C(1).<\/p>\n<p>(2) Where an appointment is deemed under subsection (1) to be an appointment under section 35C(1), this Part shall apply to the person concerned subject to the following modifications and any other necessary modifications\u2014<\/p>\n<p>(a) an order made under section 26 prior to the relevant date\u2014<\/p>\n<p>(i) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IVA, shall be treated as if it was an order made under section 35B(2), and<\/p>\n<p>(ii) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IV, IVB or VI, shall be treated as if it was an order made under section 35B(3),<\/p>\n<p>(b) an order referred to in paragraph (a)(i) shall cease to have effect\u2014<\/p>\n<p>(i) in accordance with section 35H(1), or<\/p>\n<p>(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,<\/p>\n<p>whichever is the earlier,<\/p>\n<p>(c) an order referred to in paragraph (a)(ii) shall cease to have effect\u2014<\/p>\n<p>(i) in accordance with section 35H(2), or<\/p>\n<p>(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,<\/p>\n<p>whichever is the earlier, and<\/p>\n<p>(d) where prior to the relevant date the person had instructed a solicitor or counsel, or both, to represent him or her in proceedings under this Act, then on and from that date, the solicitor or counsel, or both, as the case may be, may continue to represent the person in such proceedings for such period as the order has effect, in accordance with paragraph (b) or (c), as the case may be.<\/p>\n<p>(3) In this section, &#8220;vetting disclosure&#8221; has the same meaning as it has in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.]<\/p>\n<p>&nbsp;<\/p>\n<p>PART VI<\/p>\n<h4>Children in the Care of\u00a0 Child and Family Agency<\/h4>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F269<br \/>\nSubstituted (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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E105<br \/>\nPower conferred on 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\/2013), s. 58 (1), S.I. No. 502 of 2013.<\/p>\n<p>E106<br \/>\nPrevious affecting provision: term \u201chealth board\u201d construed as \u201cHealth Service Executive\u201d (1.01.2005) by Health Act 2004 (42\/2004), ss. 56 and 66, S.I. No. 887 of 2004; superseded as per F-note above.<\/p>\n<h4>Accommodation and maintenance of children in care.<\/h4>\n<p>36.\u2014(1) Where a child is in the F270[care of the F271[Child and Family Agency]], F272[subject to subsection (4),] F270[the F273[Agency] 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\u2014<\/p>\n<p>(a) by placing him with a foster parent, or<\/p>\n<p>(b) by placing him in residential care (whether in a children\u2019s residential centre registered under Part VIII, in a residential home maintained F270[by the F273[Agency]] or in a school or other suitable place of residence), or<\/p>\n<p>(c) in the case of a child 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<\/p>\n<p>(d) by making such other suitable arrangements (which may include placing the child with a relative) F270[as the F273[Agency]] thinks proper.<\/p>\n<p>(2) In this Act, \u201cfoster parent\u201d means a person other than a relative of a child who is taking care of the child on behalf of F270[the F271[Child and Family Agency]] in accordance with regulations made under section 39 and \u201cfoster care\u201c shall be construed accordingly.<\/p>\n<p>(3) Nothing in this section shall prevent F270[the F271[Child and Family Agency]] sending a child in its care to any hospital or to any institution which provides nursing or care for children suffering from physical or mental disability.<\/p>\n<p>F272[(4) A placement referred to in subsection (1) shall not be made in respect of a child who is the subject of a special care order or an interim special care order during the period for which that order has effect.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F270<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 42(a) and (b), S.I. No. 887 of 2004.<\/p>\n<p>F271<br \/>\nSubstituted (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.<\/p>\n<p>F272<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 7, S.I. No. 636 of 2017.<\/p>\n<p>F273<br \/>\nSubstituted (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.<\/p>\n<p>F274<br \/>\nSubstituted by Health Act 2007, s. 105 and sch. 2 part 1 item 4, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C46<br \/>\nProspective affecting provision: subs. (1)(b) substituted by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 4, not commenced as of date of revision.<\/p>\n<p>F274[ (b) by placing him or her in residential care (whether in a children\u2019s residential centre or in a school or other suitable place of residence), or ]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E107<br \/>\nPrevious affecting provision: subs. (1) amended and subs. (4) inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 20, not commenced; s. 20 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 15 and sch. 2, S.I. No. 626 of 2017.<\/p>\n<h4>Access to children in care.<\/h4>\n<p>37.\u2014(1) Where a child is in the care of F275[the F276[Child and Family Agency]] whether by virtue of an order under Part III or IV or otherwise, F275[the F277[Agency]] shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of F275[the F277[Agency]], has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.<\/p>\n<p>F278[(1A) Where a child is in the care of the F276[Child and Family Agency] pursuant to a special care order or an interim special care order, the F276[Child and Family Agency] shall, subject to this Act, and to a direction, if any, given under section 23NA(2)(a) (inserted by the Child Care (Amendment) Act 2011), and in accordance with that special care order or interim special care order and that direction, if any, facilitate reasonable access to the child in the special care unit by his or her parents, a person acting in loco parentis, a guardian or any other person who, in the opinion of the F276[Child and Family Agency], has a bona fide interest in the child.]<\/p>\n<p>F279[(2) Any person who is dissatisfied with arrangements made by the Child and Family Agency under subsection (1) or (1A) or by the Health Service Executive under those subsections before the establishment of that Agency may apply to the court, and the court may\u2014<\/p>\n<p>(a) make such order as it thinks proper regarding access to the child by that person, and<\/p>\n<p>(b) vary or discharge that order on the application of any person.]<\/p>\n<p>(3) The court, on the application of F275[the F276[Child and Family Agency]], and if it considers that it is necessary to do so in order to safeguard or promote the child\u2019s welfare, may\u2014<\/p>\n<p>(a) make an order authorising F275[the F277[Agency]] to refuse to allow a named person access to a child in its care, and<\/p>\n<p>(b) vary or discharge that order on the application of any person.<\/p>\n<p>(4) This section is without prejudice to section 4 (2).<\/p>\n<p>F280[(5) In this section, in proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), &#8220;court&#8221; means the High Court.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F275<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 43(a)-(c), S.I. No. 887 of 2004.<\/p>\n<p>F276<br \/>\nSubstituted (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 and (31.12.2017) Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 8, S.I. No. 636 of 2017.<\/p>\n<p>F277<br \/>\nSubstituted (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.<\/p>\n<p>F278<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 21(a), S.I. No. 637 of 2017.<\/p>\n<p>F279<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 4 item 13, S.I. No. 502 of 2013.<\/p>\n<p>F280<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2011 (19\/2011), s. 21(c), S.I. No. 637 of 2017.<\/p>\n<p>F281<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 43(a)-(c), S.I. No. 887 of 2004.<\/p>\n<p>F282<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 21(b), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C47<br \/>\nProspective affecting provisions: words in subs. (2) inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 21(b), not commenced as of date of revision.<\/p>\n<p>(2) Any person who is dissatisfied with arrangements made F281[by the F276[Child and Family Agency] under subsection (1) or by a health board under that subsection before the amendment of the subsection by the Health Act 2004] F282[or with arrangements made by the F276[Child and Family Agency] under subsection (1A) (inserted by the Child Care (Amendment) Act 2011)] may apply to the court, and the court may\u2014&#8230;<\/p>\n<h4>Provision of residential care by Child and Family Agency<\/h4>\n<p>38.\u2014F284[The F283[Child and Family Agency]] shall make arrangements with the registered proprietors of children\u2019s residential centres or with other suitable persons to ensure the provision of an adequate number of residential places for children in its care.<\/p>\n<p>(2) F284[The F283[Child and Family Agency]] may, with the approval of the Minister, provide and maintain a residential centre or other premises for the provision of residential care for children in care.<\/p>\n<p>(3) The Minister shall make regulations with respect to the conduct of homes or other premises provided by F284[the F283[Child and Family Agency]] under this section and for securing the welfare of children maintained therein.<\/p>\n<p>(4) Without prejudice to the generality of subsection (3), regulations under this section may\u2014<\/p>\n<p>(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,<\/p>\n<p>(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,<\/p>\n<p>(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,<\/p>\n<p>(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,<\/p>\n<p>(e) prescribe requirements as to the food provided for children while being maintained in centres,<\/p>\n<p>(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 officers of the Minister.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F283<br \/>\nSubstituted (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.<\/p>\n<p>F284<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 44, S.I. No. 887 of 2004.<\/p>\n<p>F285<br \/>\nSubstituted by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 5(a), (b), not commenced as of date of revision.<\/p>\n<p>F286<br \/>\nRepealed by Health Act 2007 (23\/2007), s. 104 and sch. 1 part 1, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C48<br \/>\nProspective affecting provisions: subss. (1), (2) substituted and subss. (3), (4) repealed by Health Act 2007 (23\/2007), s. 105 and sch. 2 part 1 item 5 and s. 104 and sch. 1 part 1, not commenced as of date of revision.<\/p>\n<p>38.\u2014F285[(1) The F283[Child and Family Agency] may make arrangements with suitable persons to ensure the provision of an adequate number of residential places for children in its care.<\/p>\n<p>(2) The F283[Child and Family Agency] may provide and maintain a children\u2019s residential centre or other premises for the provision of residential care for children in care.]<\/p>\n<p>(3) F286[\u2026]<\/p>\n<p>(4) F286[\u2026]<\/p>\n<p>C49<br \/>\nMeaning of premises under section extended by Children Act 2001 (24\/201), s. 159(5); as substituted (1.03.2007) by Criminal Justice Act 2006 (26\/2006), s. 146, S.I. No. 65 of 2007.<\/p>\n<p>[Certified schools under Act of 1908.<\/p>\n<p>159.\u2014 &#8230;<\/p>\n<p>(5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the F283[Child and Family Agency] under section 38(2) of the Act of 1991.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E108<br \/>\nProspective affecting provision: subss. (1) and (2) amended by substitution of \u201cChild and Family Agency\u201d for \u201cHealth Service Executive\u201d by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 9, not commenced as of date of revision. This amendment was already made by Child and Family Agency Act 2013, see F-note and C-note above.<\/p>\n<p>E109<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).<\/p>\n<h4>Regulations as to foster care.<\/h4>\n<p>39.\u2014(1) The Minister shall make regulations in relation to the placing of children in foster care by F287[the F288[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), regulations under this section may\u2014<\/p>\n<p>(a) fix the conditions under which children may be placed in foster care;<\/p>\n<p>(b) prescribe the form of contract to be entered into by F287[the F288[Child and Family Agency]] with foster parents;<\/p>\n<p>(c) provide for the supervision and visiting by F287[the F288[Child and Family Agency]] of children in foster care.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F287<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 45(a), (b), S.I. No. 887 of 2004.<\/p>\n<p>F288<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E110<br \/>\nPower pursuant to section exercised (3.02.2021) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) Regulations 2021 (S.I. No. 41 of 2021).<\/p>\n<p>E111<br \/>\nPower pursuant to section exercised (5.11.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 540 of 2020).<\/p>\n<p>E112<br \/>\nPower pursuant to section exercised (19.08.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 312 of 2020).<\/p>\n<p>E113<br \/>\nPower pursuant to section exercised (12.05.2020) by Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) Regulations 2020 (S.I. No. 170 of 2020).<\/p>\n<p>E114<br \/>\nRole assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.<\/p>\n<p>E115<br \/>\nPower pursuant to section exercised (21.12.2015) by Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015 (S.I. No. 606 of 2015).<\/p>\n<p>E116<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).<\/p>\n<p>E117<br \/>\nPrevious affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.<\/p>\n<h4>Regulations as to residential care.<\/h4>\n<p>40.\u2014(1) The Minister shall make regulations in relation to the placing of children in residential care (whether in children\u2019s residential centres or in other institutions) by F289[the F290[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), regulations under this section may\u2014<\/p>\n<p>(a) fix the conditions under which children may be placed in residential care;<\/p>\n<p>(b) prescribe the form of contract to be entered into by F289[the F290[Child and Family Agency]] with persons providing residential care;<\/p>\n<p>(c) provide for the supervision and visiting by F289[the F290[Child and Family Agency]] of children in residential care.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F289<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 46(a) and (b), S.I. No. 887 of 2004.<\/p>\n<p>F290<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E118<br \/>\nRole assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.<\/p>\n<p>E119<br \/>\nPower pursuant to section exercised (21.12.2015) by Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015 (S.I. No. 605 of 2015).<\/p>\n<p>E120<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).<\/p>\n<p>E121<br \/>\nPrevious affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.<\/p>\n<h4>Regulations as to placement with relatives.<\/h4>\n<p>41.\u2014(1) The Minister shall make regulations in relation to the making of arrangements by F291[the F292[Child and Family Agency]] under section 36 (1) (d) for the care of children and for securing generally the welfare of such children.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), regulations under this section may\u2014<\/p>\n<p>(a) fix the conditions under which children may be placed by F291[the F292[Child and Family Agency]] with relatives;<\/p>\n<p>(b) prescribe the form of contract to be entered into by F291[the F292[Child and Family Agency]] with relatives;<\/p>\n<p>(c) provide for the supervision and visiting by F291[the F292[Child and Family Agency]] of children placed with relatives.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F291<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 47(a)-(c), S.I. No. 887 of 2004.<\/p>\n<p>F292<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E122<br \/>\nPower pursuant to section exercised (3.02.2021) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) Regulations 2021 (S.I. No. 42 of 2021).<\/p>\n<p>E123<br \/>\nPower pursuant to section exercised (5.11.2020) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 541 of 2020).<\/p>\n<p>E124<br \/>\nPower pursuant to section exercised (19.08.2020) by Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 313 of 2020).<\/p>\n<p>E125<br \/>\nPower pursuant to section exercised (12.05.2020) by CChild Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest &#8211; Covid-19) (Amendment) Regulations 2020 (S.I. No. 171 of 2020).<\/p>\n<p>E126<br \/>\nRole assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.<\/p>\n<p>E127<br \/>\nPower pursuant to section exercised (21.12.2015) by Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015 (S.I. No. 607 of 2015).<\/p>\n<p>E128<br \/>\nPower pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).<\/p>\n<p>E129<br \/>\nPrevious affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.<\/p>\n<h4>Review of cases of children in care.<\/h4>\n<p>42.\u2014(1) The Minister shall make regulations requiring the case of each child in the care of F293[the F294[Child and Family Agency]] to be reviewed in accordance with the provisions of the regulations.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision\u2014<\/p>\n<p>(a) as to the manner in which each case is to be reviewed,<\/p>\n<p>(b) as to the frequency of reviews, and<\/p>\n<p>(c) requiring the F294[Child and Family Agency] to consider whether it would be in the best interests of the child to be given into the custody of his parents.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F293<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 48(a) and (b), S.I. No. 887 of 2004.<\/p>\n<p>F294<br \/>\nSubstituted (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.<\/p>\n<p>F295<br \/>\nInserted by Child Care (Amendment) Act 2011 (19\/2011), s. 22, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C50<br \/>\nProspective affecting provision: subs. (3) inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 22, not commenced as of date of revision.<\/p>\n<p>Review of cases of children in care.<\/p>\n<p>42.\u2014 &#8230;<\/p>\n<p>F295[(3) Regulations under this section shall not apply to children who are the subject of special care orders or interim special care orders during the period those orders have effect.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E130<br \/>\nRole assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a)(ii); as substituted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 14 and sch. 1 part 2 item 2, S.I. No. 636 of 2017.<\/p>\n<p>E131<br \/>\nPower pursuant to section exercised (24.09.2004) by Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004).<\/p>\n<p>E132<br \/>\nPower pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).<\/p>\n<p>E133<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).<\/p>\n<p>E134<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).<\/p>\n<p>E135<br \/>\nPrevious affecting provision: &#8220;Health Service Eecutive&#8221; substituted (1.01.2005) for &#8220;board&#8221; in subs. (2)(c) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 48(b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>E136<br \/>\nPrevious affecting provision: role assigned to Chief Inspector to inspect performance by the Child and Family Agency of its functions under section by Health Act 2007 (23\/2007), s. 41(1)(a), not commenced; as amended (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 20 item 7, S.I. No. 502 of 2013; s. 41(1) substituted (31.12.2017) as per E-note above.<\/p>\n<h4>Removal from placement.<\/h4>\n<p>43.\u2014F296[(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.]<\/p>\n<p>(2) Where a person refuses or neglects to comply with a request of F297[the F298[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F297[the F299[Agency]] may apply to the District Court for an order directing that person to deliver up the child to the custody of F297[the F299[Agency]] and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.<\/p>\n<p>(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody of F297[the F298[Child and Family Agency]]), any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F297[the F299[Agency]], to give up the child to F297[the F299[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.<\/p>\n<p>(4) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (2) if that person was present at the sitting of the court at which such an order was made.<\/p>\n<p>(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between F297[the F298[Child and Family Agency]] and that person in respect of the child shall terminate immediately upon the removal.<\/p>\n<p>(6) The provisions of this section are without prejudice to the power of F297[the F298[Child and Family Agency]] to apply for an order under Part III or IV.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F296<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 4 item 14, S.I. No. 502 of 2013.<\/p>\n<p>F297<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 49(a)-(e), S.I. No. 887 of 2004.<\/p>\n<p>F298<br \/>\nSubstituted (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.<\/p>\n<p>F299<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E137<br \/>\nA fine of \u00a3500 converted (1.01.1999) to \u20ac634.86. This translates into a class D fine, not greater than \u20ac1,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.<\/p>\n<p>E138<br \/>\nPower pursuant to section exercised (31.11.1995) by Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995).<\/p>\n<p>E139<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995).<\/p>\n<p>E140<br \/>\nPower pursuant to section exercised (31.10.1995) by Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995).<\/p>\n<p>F300[<\/p>\n<h4>Orders relating to children in care of same foster parent or relative for five years or more.<\/h4>\n<p>43A.\u2014 (1) This section applies to a child in the care of the F301[Child and Family Agency] whether in care under section 4 or under section 18 and whether the child has been placed under section 36(1)(a) with a foster parent or under section 36(1)(d) with a relative.<\/p>\n<p>(2) On the application of a foster parent or relative with whom the child has been placed, the court may grant an order under this section, but only if it is satisfied that\u2014<\/p>\n<p>(a) the foster parent or relative has been taking care of the child for a period of not less than five years beginning on the date of placement in accordance with this Act and ending on the date of application,<\/p>\n<p>(b) the granting of the order is in the child\u2019s best interests,<\/p>\n<p>(c) the F301[Child and Family Agency] has consented in advance to the granting of the order,<\/p>\n<p>(d) the F301[Child and Family Agency] has, on behalf of the foster parent or relative\u2014<\/p>\n<p>(i) if the child is in its care under section 4, obtained the consent to the granting of the order of a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, or<\/p>\n<p>(ii) if the child is in its care under section 18, given notice of the application to a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, and<\/p>\n<p>(e) the child\u2019s wishes have, in so far as is practicable, been given due consideration having regard to the age and understanding of the child.<\/p>\n<p>(3) In determining whether a foster parent or relative has been taking care of a child for the period required by subsection (2)(a), any interruption of the placement during that period shall be disregarded unless the total number of days of interruption, whether consecutive or not, exceeds 30.<\/p>\n<p>(4) The requirement of subsection (2)(d) as to the consent or notification of a parent or other person does not apply if\u2014<\/p>\n<p>(a) the court is satisfied that he or she is missing and cannot be found by the F301[Child and Family Agency], or<\/p>\n<p>(b) the court, having regard to the child\u2019s welfare, so directs.<\/p>\n<p>(5) Subject to any conditions or restrictions imposed under subsection (6), an order under this section shall authorise the foster parent or relative to whom it is granted\u2014<\/p>\n<p>(a) to have, on behalf of the F301[Child and Family Agency], the like control over the child as if the foster parent or relative were the child\u2019s parent, and<\/p>\n<p>(b) to do, on behalf of the F301[Child and Family Agency], what is reasonable (subject to the provisions of this Act and of the regulations for the time being in force under this Act) in all the circumstances of the case for the purpose of safeguarding and promoting the child\u2019s health, development or welfare and, in particular, give consent to\u2014<\/p>\n<p>(i) any necessary medical or psychiatric examination, treatment or assessment with respect to the child, and<\/p>\n<p>(ii) the issue of a passport to, or the provision of passport facilities for, the child to enable the child to travel abroad for a limited period.<\/p>\n<p>(6) In granting the order, the court may impose any conditions or restrictions it thinks fit as to the extent of the authority of the foster parent or relative to whom the order is granted.<\/p>\n<p>(7) Any consent given by a foster parent or relative of the child in accordance with an order under this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.<\/p>\n<p>(8) In the absence of a consent referred to in subsection (5) being given by the foster parent or relative to whom an order under this section was granted, the F301[Child and Family Agency] has authority to give consent in accordance with section 18(3) in relation to the child.<\/p>\n<p>(9) Nothing in this section or section 18 shall be construed as making ineffective any consent that, by virtue of section 23 of the Non-Fatal Offences Against the Person Act 1997, would otherwise be an effective consent.<\/p>\n<p>(10) Any arrangement that is in place or order that is in force under section 37 with respect to access to the child immediately before an order under this section is granted continues in place or in force, unless when granting the order\u2014<\/p>\n<p>(a) in the case of an arrangement under subsection (1) of section 37, the court makes an order under subsection (2) of that section, or<\/p>\n<p>(b) in the case of an order under subsection (2) or (3) of section 37, the court varies or discharges that order.<\/p>\n<p>(11) Subsection (10) is without prejudice to the jurisdiction of the court to make, at any time, an order under section 37 with respect to access to the child or to vary or discharge such an order, including an order continued or varied pursuant to that subsection.<\/p>\n<p>(12) This section and section 43B are without prejudice to any other provisions of this Act, or any provisions of the regulations for the time being in force under this Act, that in the interests of a child in care assign functions to the F301[Child and Family Agency].<\/p>\n<p>(13) For the purpose of this section and section 43B, &#8220;relevant time&#8221; means\u2014<\/p>\n<p>(a) in relation to a child in care under section 4, immediately before the child was taken into care under that section, and<\/p>\n<p>(b) in relation to a child in care under section 18, immediately before a care order was made in relation to the child.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F300<br \/>\nInserted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 4, S.I. No. 509 of 2007.<\/p>\n<p>F301<br \/>\nSubstituted (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.<\/p>\n<p>F302[<\/p>\n<h4>Variation, discharge or cessation of order<\/h4>\n<p>under section 43A.<\/p>\n<p>43B.\u2014 (1) The court may vary or discharge an order under section 43A or any condition or restriction attaching to that order on the application of any of the following persons:<\/p>\n<p>(a) the F303[Child and Family Agency];<\/p>\n<p>(b) a foster parent or relative to whom the order was granted;<\/p>\n<p>(c) a parent having custody of the child concerned at the relevant time;<\/p>\n<p>(d) a person (other than the foster parent or relative to whom the order was granted) acting in loco parentis to the child concerned;<\/p>\n<p>(e) a person who, in the opinion of the court, has a bona fide interest in the child concerned.<\/p>\n<p>(2) An order under section 43A ceases to have effect\u2014<\/p>\n<p>(a) if the child concerned is in care under section 4, when care of the child is resumed by the parent or other person whose wishes the F303[Child and Family Agency] is required under that section to have regard to,<\/p>\n<p>(b) if the child concerned is the subject of a care order, when the care order is discharged under section 22 or ceases to have effect under section 44(2),<\/p>\n<p>(c) if the child concerned is, in accordance with section 43 and regulations made by the Minister, removed from the custody of the foster parent or relative to whom the order under section 43A was granted, immediately on the child\u2019s removal,<\/p>\n<p>(d) if the foster parent or relative to whom the order under section 43A was granted requests the F303[Child and Family Agency] to remove the child concerned from his or her custody, when the child is removed in accordance with the request, or<\/p>\n<p>(e) when the child concerned attains the age of 18 years or marries,<\/p>\n<p>whichever is the sooner.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F302<br \/>\nInserted (23.07.2007) by Child Care (Amendment) Act 2007 (26\/2007), s. 4, S.I. No. 509 of 2007.<\/p>\n<p>F303<br \/>\nSubstituted (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.<\/p>\n<h4>Children who become adopted.<\/h4>\n<p>44.\u2014F304[(1) Where a child is adopted under the Adoption Act 2010 and the child, immediately before the adoption, was being maintained in foster care by the F305[Child and Family Agency] with the adopter or adopters, the F305[Child and Family Agency], subject to\u2014<\/p>\n<p>(a) any general directions that may be given by the Minister, and<\/p>\n<p>(b) any conditions that may be imposed by the F305[Child and Family Agency],<\/p>\n<p>may contribute to the child\u2019s maintenance as if the child continued to be in foster care.<\/p>\n<p>(2) Where a child is adopted under the Adoption Act 2010, any care order in force in respect of the child ceases to have effect.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F304<br \/>\nSubstituted (1.11.2010) by Adoption Act 2010 (21\/2010), s. 158(e), S.I. No. 511 of 2010.<\/p>\n<p>F305<br \/>\nSubstituted (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E141<br \/>\nPrevious affecting provision: subss. (1) substituted and (2) amended (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6, item 50(a) and (b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>&nbsp;<\/p>\n<p>F310<br \/>\nInserted (1.09.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 9, S.I. No. 296 of 2017.<\/p>\n<h4>Recovery of children removed from care etc.<\/h4>\n<p>46.\u2014(1) The provisions of this section shall apply to any child who is in the care of F311[the F312[Child and Family Agency]] F313[, other than special care under Part IVA,] and who is, without lawful authority, removed from the custody of F311[the F314[Agency]] or from the custody of any person who is taking care of him on behalf of F311[the F314[Agency]] or prevented from returning to such custody at the end of any period of leave.<\/p>\n<p>(2) The F311[the F314[Agency]] may request the Garda S\u00edoch\u00e1na to search for the child and to deliver him up to the custody of the F314[Agency] and the Garda S\u00edoch\u00e1na may take all reasonable measures to comply with such a request.<\/p>\n<p>F315[(2A) A request made by the Health Service Executive to the Garda S\u00edoch\u00e1na under subsection (2) before the establishment of the Child and Family Agency shall be deemed to have been made by the Child and Family Agency if the child in respect of whom the request was made is not delivered up to the Health Service Executive before the establishment day of the Agency.]<\/p>\n<p>(3) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child named in the application, make an order directing that person to deliver up the child to the custody of the F311[the F312[Child and Family Agency]].<\/p>\n<p>(4) Without prejudice to the law as to contempt of court where the District Court has made an order under subsection (3) directing that a child be delivered up to the care of F311[the F312[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F311[the F314[Agency]], to give up the child to F311[the F314[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.<\/p>\n<p>(5) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (3) if that person was present at the sitting of the court at which such an order was made.<\/p>\n<p>(6) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that the child named in the application is in any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) specified in the information, issue a warrant authorising a member of the Garda S\u00edoch\u00e1na, accompanied by such other members of the Garda S\u00edoch\u00e1na or such other persons as may be necessary to enter (if need be by force) and to search the house or other place for the child; and if the child is found he shall be returned to the custody of F311[the F312[Child and Family Agency]].<\/p>\n<p>(7) An application for an order under subsection (3) may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte.<\/p>\n<p>(8) An application for an order under subsection (3) or for a warrant under subsection (6) may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.<\/p>\n<p>(9) Without prejudice to section 28\u2014<\/p>\n<p>(a) an order under subsection (3) may be made by a justice of the District Court for the time being assigned to the district court district where the person specified in the information resides or is for the time being, and<\/p>\n<p>(b) a warrant under subsection (6) may be issued by a justice for the time being assigned to the district where the house or other place specified in the information is situated,<\/p>\n<p>and, in either case, where such justice is not immediately available the order may be made, or the warrant issued, by any justice of the District Court.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F311<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 52(a), (b), (d), (e) and (f), S.I. No. 887 of 2004.<\/p>\n<p>F312<br \/>\nSubstituted (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.<\/p>\n<p>F313<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 10, S.I. No. 636 of 2017.<\/p>\n<p>F314<br \/>\nSubstituted (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.<\/p>\n<p>F315<br \/>\nSubstituted (1.01.2014) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 4 item 15, S.I. No. 502 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E145<br \/>\nA fine of \u00a3500 converted (1.01.1999) to \u20ac634.86. This translates into a class D fine, not greater than \u20ac1,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.<\/p>\n<p>E146<br \/>\nPrevious affecting provision: words inserted in subs. (1) by Child Care (Amendment) Act 2011 (19\/2011), s. 24, not commenced; s. 24 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 15 and sch. 2, S.I. No. 636 of 2017.<\/p>\n<p>E147<br \/>\nThe insertion of subs. (2A) by Child and Family Agency Act 2013 (40\/2013), s. 97 and sch. 2 part 4 item 15, S.I. No. 502 of 2013, is here treated as a substitution, and the previous subs. (2A) is mentioned below as a previous affecting provision.<\/p>\n<p>E148<br \/>\nPrevious affecting provision: \u201cHealth Service Executive\u201d substituted for \u201chealth board\u201d (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7, part 6 item 52(b), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<p>E149<br \/>\nPrevious affecting provision: subs. (2A) inserted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 52(c), S.I. No. 887 of 2004; substituted as per F-note above.<\/p>\n<h4>Application for directions.<\/h4>\n<p>47.\u2014Where a child is in the care of F316[the F317[Child and Family Agency]] F318[, other than special care under Part IVA,], the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F316<br \/>\nSubstituted (1.01.2005) by Health Act 2004 (42\/2004), s. 75 and sch. 7 part 6 item 53, S.I. No. 887 of 2004.<\/p>\n<p>F317<br \/>\nSubstituted (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.<\/p>\n<p>F318<br \/>\nInserted (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 13 and sch. 1 part 1 item 11, S.I. No. 636 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E150<br \/>\nPrevious affecting provision: words inserted by Child Care (Amendment) Act 2011 (19\/2011), s. 25, not commenced; s. 25 repealed (31.12.2017) by Child Care (Amendment) Act 2015 (45\/2015), s. 15 and sch. 2, S.I. No. 636 of 2017.<\/p>\n<h4>Transitional provisions.<\/h4>\n<p>48.\u2014(1) On the commencement of Part IV any child who is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908 shall be deemed to be the subject of a care order committing him to the care of that health board and the provisions of Part IV shall apply with the necessary modifications.<\/p>\n<p>(2) Where, on the commencement of Part IV, a child is in the care of a health board pursuant to an order made under section 21 or 24 of the Children Act, 1908 in respect of the commission of an offence against him and the person charged with the commission of the offence is acquitted of the charge or the charge is dismissed for want of prosecution, any care order to which the child is deemed to be subject under subsection (1) shall forthwith be void, but without prejudice to anything that may have been lawfully done under it.<\/p>\n<p>(3) Nothing in this Act shall affect an order made under Part II or IV of the Children Act, 1908 committing a child to the care of a relative or fit person other than a health board.<\/p>\n<p>(4) On the commencement of Part III, any child who is being detained in a place of safety under any provision of the Children Act, 1908 shall be deemed to have been received into that place pursuant to an emergency care order on the date of such commencement.<\/p>\n<p>(5) Where, on the commencement of Part II, a child is in the care of a health board otherwise than by virtue of a court order, he shall be deemed to have been taken into care under section 4 on the date of such commencement.<\/p>\n<p>(6) Where, on the commencement of Part VI, a child is boarded-out by a health board, he shall be deemed to have been placed by the health board in foster care under an arrangement made under section 36.<\/p>\n<p>(7) Where, on the commencement of Part VI, a health board is contributing towards the maintenance of a child in accordance with section 55 (9) (c) of the Health Act, 1953, the board may, subject to such conditions as it sees fit, continue to contribute to the maintenance of the child as if he were in foster care.<\/p>\n<p>(8) Where, on the commencement of Part VI, a child is being maintained by a health board in a home or school approved by the Minister for the purposes of section 55 of the Health Act, 1953, he shall be deemed to have been placed in residential care by the health board under an arrangement made under section 36.<\/p>\n<p>(9) Nothing in section 67 shall affect the operation of an order committing a child to a certified industrial school to which that section applies.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-28468\" data-postid=\"28468\" class=\"themify_builder_content themify_builder_content-28468 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Protection of Children in Emergencies This Part enables the Gardai or CFA staff to intervene quickly where there is an immediate and serious threat to the safety and welfare of a child. The Gardai may remove to safety, without warrant, a child who is in immediate danger where it would not be sufficient to await [&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":[296],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28468"}],"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=28468"}],"version-history":[{"count":20,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28468\/revisions"}],"predecessor-version":[{"id":33149,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28468\/revisions\/33149"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=28468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=28468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=28468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}