IE-2001-act-24 — Children Act 2001 | Law Reform

PART 1 Preliminary 1. —(1) This Act may be cited as the Children Act, 2001 . (2) Part 2, section 267 and the Child Care Act, 1991 , may be cited together as the Child Care Acts, 1991 and 2001. 2. —(1) This Act shall, subject to subsection (2) , come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions. (2) ( a ) Parts 2 and 3 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, may be fixed generally in relation to either or both of these Parts or with reference to any particular purpose or provision thereof, and different days may be so fixed for different purposes and different such provisions. F1 [ ( aa ) Part 5 shall come into operation 3 months after the passing of the Criminal Justice Act 2006. ] ( b ) Section 77 shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint. ( c ) F2 [ … ] ( d ) Part 10 shall come into operation on such day or days as, by order or orders made by the Minister F3 [ … ] , may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions. ( e ) Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint. F4 [ ( f ) The amendments made to Part 11 in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint. ] 3. —(1) In this Act, unless the context otherwise requires— “Act of 1907” means the Probation of Offenders Act, 1907; “Act of 1951” means the Criminal Justice Act, 1951 ; “Act of 1967” means the Criminal Procedure Act, 1967 ; “Act of 1984” means the Criminal Justice Act, 1984 ; “Act of 1991” means the Child Care Act, 1991 ; “action plan”, where it occurs in Part 4 , has the meaning assigned to it by section 39 and, where it occurs in Part 8 , has the meaning assigned to it by section 80 (1) or 82(2)(a) , as the case may be; “adult” means any person of or over the age of 18 years; F5 [ “ anti-social behaviour ” is to be construed in accordance with section 257A(2) ; ] F6 [ … ] “child” means a person under the age of 18 years; “children detention order” has the meaning assigned to it by section 142 ; “children detention school” means— ( a ) any certified reformatory school or industrial school that becomes a children detention school by virtue of F7 [ section 159 , ] F7 [ ( b ) a place, school, premises or building designated as a children detention school pursuant to section 160 , or ] F8 [ ( c ) an amalgamated school within the meaning of section 163A (inserted by section 14 of the Children (Amendment) Act 2015); ] “Commissioner” means the Commissioner of the Garda Síochána; “community sanction” has the meaning assigned to it by section 115 ; “Court”, in Parts 7 and 8 , means the Children Court; “criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child; “detention” means detention in a children detention school F9 [ … ] ; “family conference” means a conference convened by a probation and welfare officer pursuant to section 79 ; “family welfare conference” means a conference convened by F10 [ the F11 [ Child and Family Agency ] ] pursuant to section 7 ; “Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ; “guardian” means— ( a ) any legal guardian of a child, ( b ) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or ( c ) any person who has custody or care of a child by order of a court, but does not include F10 [ the F11 [ Child and Family Agency ] ] ; F9 [ … ] “juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part; “legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964 , or who is appointed to be his or her guardian by deed or will or by order of a court; “member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act; F7 [ "Minister" when used without qualification means the Minister for Justice and Equality, other than in subsections (4), (6), (9) and (11) of section 88, section 88A, section 88B and Part 10 where it means the Minister for Children and Youth Affairs; ] “parents”, in relation to a child, means— ( a ) in case one parent has the sole custody, charge or care of the child, that parent, ( b ) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and ( c ) in any other case, both parents; F7 [ "prescribed" means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, as appropriate; ] “principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service; “probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer; “probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform; “relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child; “remand centre” means a centre designated as such under section 88 ; F12 [ … ] “school” means a children detention school; F13 [ "secondary victimisation" has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017; ] F14 [ "special care order" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991; ] “summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986 ; “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death; “victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property F5 [ and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour ] . (2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires. (3) For the purposes of this Act— ( a ) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other provision is intended, ( b ) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, ( c ) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act. 4. —Every regulation made by the Minister F15 [ … ] or the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. 5. —(1) The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule; but the repeal shall not affect any notice or certificate given or any appointment or rules made under any of the repealed enactments and every such notice, certificate, appointment and rules shall have effect as if given or made under this Act. (2) Every order, regulation and rule made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister F16 [ … ] or the Minister for Health and Children may by regulations make for the purpose of bringing any such order, regulation or rule into conformity with this Act. 6. —Any expenses incurred by the Minister F17 [ … ] or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Family Welfare Conferences 7. —(1) Where— ( a ) F18 [ the F19 [ Child and Family Agency ] ] receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or F21 [ ( b ) a family welfare conference is to be convened pursuant to section 23F (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991, ] F18 [ the F19 [ Child and Family Agency ] shall ] appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child. (2) The coordinator shall act as chairperson of a family welfare conference. (3) F18 [ The F19 [ Child and Family Agency ] ] may direct that a family welfare conference shall consider such matters in relation to the child as F18 [ the F19 [ Child and Family Agency ] ] considers appropriate. 8. —(1) F25 [ A family welfare conference ] — ( a ) F25 [ referred to in section 7(1)(b) , shall consider whether ] a child in respect of whom the conference is being convened F25 [ requires ] special care F25 [ under Part IVA (as amended by the Child Care (Amendment) Act 2011) ] of the Act of 1991, ( b ) F25 [ referred to in section 7(1)(b) , shall, if it is considered that the child requires special care ] , recommend to the F22 [ F23 [ Child and Family Agency ] ] that it should apply for F25 [ a special care order, ] ( c ) F25 [ referred to in section 7(1)(a) shall, ] make such recommendations to the F22 [ F23 [ Child and Family Agency ] ] concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the F22 [ F23 [ Child and Family Agency ] ] should apply for F25 [ a care order, a supervision order, a special care order or other care ] under the Act of 1991 F25 [ in respect of the child, and ] F26 [ ( d ) referred to in section 7(1)(b) shall, if it is considered that the child does not require special care, make such recommendations to the F23 [ Child and Family Agency ] in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, care, other than special care, under the Act of 1991. ] (2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person’s agreement. (3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2) ), the matter shall be referred to the F24 [ F23 [ Child and Family Agency ] ] for determination. 9. —(1) The following persons shall be entitled to attend a family welfare conference— ( a ) the child in respect of whom the conference is being convened, ( b ) the parents or guardian of the child, ( c ) any guardian ad litem appointed for the child, ( d ) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child’s parents or guardian, F27 [ ( e ) an employee or employees of the F28 [ Child and Family Agency ] ; ] ( f ) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person’s knowledge of the child or the child’s family or because of his or her particular expertise. (2) If, before or during a family welfare conference, the coordinator is of opinion that the presence or continued presence of any person is not in the best interests of the conference or the child, the coordinator may exclude that person from participation or further participation in the conference. (3) The coordinator shall take all reasonable steps to ensure that notice of the time, date and place of a family welfare conference is given to every person who is entitled to attend. (4) Failure to notify any person entitled to attend a family welfare conference, or failure of any such person to attend it, shall not invalidate its proceedings. 10. —(1) Subject to the provisions of this Part or any regulations under section 15 , a family welfare conference may regulate its procedure in such manner as it thinks fit. (2) Subject to any direction of the Children Court pursuant to section 77 , a family welfare conference may be adjourned to a time and place to be determined by it. (3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it. F29 [ (4) The procedure referred to in subsection (1) shall — ( a ) be consistent with fairness and natural justice, and ( b ) include a procedure for consulting with the child and for ascertaining the wishes of the child in respect of whom the conference, referred to in subsection (1) , has been convened. ] 11. — F30 [ The F31 [ Child and Family Agency ] ] shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions. 12. —The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference: ( a ) the child in respect of whom the conference was convened, ( b ) the parents or guardian of the child, ( c ) any guardian ad litem appointed for the child, ( d ) any other persons who attended the conference, F32 [ ( e ) the F33 [ Child and Family Agency ] ; ] ( f ) if the child was referred to the F32 [ F33 [ Child and Family Agency ] ] by another body, that body, and ( g ) any other body or persons who should, in the coordinator’s opinion, be so notified. 13. —(1) On receipt of the recommendations of a family welfare conference, the F34 [ F35 [ Child and Family Agency ] ] may— ( a ) F36 [ … ] ( b ) apply for a care order or a supervision order under that Act, or ( c ) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference. (2) Where a family welfare conference has been convened following a direction of the Children Court under section 77 , the F34 [ F35 [ Child and Family Agency ] ] shall communicate with that Court in accordance with subsection (2) of that section. 14. —(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference. (2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference. (3) Section 51 shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held. 15. —The Minister for Health and Children may make regulations prescribing any or all of the following matters: ( a ) the arrangements for convening a family welfare conference and the appointment and role of the coordinator, ( b ) subject to section 9 , the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and ( c ) the arrangements for notifying any other body or person of any recommendations of such a conference, or for the purposes of enabling any provision of this Part to have full effect and for its due administration. 15A. — (1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004. (2) Where a family welfare conference convened under section 7 on behalf of a health board has not discharged its functions before the establishment day of the F38 [ Child and Family Agency ] , the conference shall be deemed to have been convened on behalf of the Executive. (3) Where a direction given by a health board under section 7(3) to a family welfare conference is not complied with before the establishment day of the F38 [ Child and Family Agency ] , the direction shall be deemed to have been given to the Executive. (4) Where a recommendation has been made or a matter has been referred to a health board by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the F38 [ Child and Family Agency ] , the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Executive. ] 15B. — (1) In this section, a reference to a provision of this Act is to that provision as it was before it was amended by the Child and Family Agency Act 2013. (2) Where a family welfare conference convened under section 7 on behalf of the Health Service Executive has not discharged its functions before the establishment day of the Child and Family Agency, the conference shall be deemed to have been convened by or on behalf of the Agency. (3) Where a direction given by the Health Service Executive under section 7(3) to a family welfare conference is not complied with before the establishment day of the Child and Family Agency, the direction shall be deemed to have been given by the Agency. (4) Where a recommendation has been made or a matter has been referred to the Health Service Executive by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Child and Family Agency, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Agency. ] PART 3 Amendment of Act of 1991 16. —The Act of 1991 is hereby amended by the insertion of the following Parts after section 23: “PART IVA Children in need of Special Care or Protection Duty of health board where child requires special care or protection. Duty of health board where child requires special care or protection. 23A.—(1) Where it appears to a health board with respect to a child who resides or is found in its area that the child requires special care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child, being either— ( a ) an order under section 23B (in this Part referred to as a ‘special care order’), or ( b ) an order under section 23C (in this Part referred to as an ‘interim special care order’), it shall, subject to subsection (2), be the duty of the health board to apply for whichever of such orders is appropriate in the particular circumstances. (2) Before applying for an order under this Part the health board shall— ( a ) arrange for the convening of a family welfare conference (within the meaning of the Children Act, 2001 ) in respect of the child, and ( b ) where, on the conclusion of the conference proceedings, it proposes to apply for a special care order in respect of the child, seek the views of the Special Residential Services Board established under section 226 of that Act on the proposal. (3) Where a parent or guardian of a child requests a health board to apply for an order under this Part in respect of the child and the board decides not to do so, it shall inform the parent in writing of the reasons for its decision. 23A.—(1) Where it appears to a health board with respect to a child who resides or is found in its area that the child requires special care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child, being either— ( a ) an order under section 23B (in this Part referred to as a ‘special care order’), or ( b ) an order under section 23C (in this Part referred to as an ‘interim special care order’), it shall, subject to subsection (2), be the duty of the health board to apply for whichever of such orders is appropriate in the particular circumstances. (2) Before applying for an order under this Part the health board shall— ( a ) arrange for the convening of a family welfare conference (within the meaning of the Children Act, 2001 ) in respect of the child, and ( b ) where, on the conclusion of the conference proceedings, it proposes to apply for a special care order in respect of the child, seek the views of the Special Residential Services Board established under section 226 of that Act on the proposal. (3) Where a parent or guardian of a child requests a health board to apply for an order under this Part in respect of the child and the board decides not to do so, it shall inform the parent in writing of the reasons for its decision. Special care order. Special care order. 23B.—(1) A court may, on the application of a health board with respect to a child who is in its care or who resides or is found within its area and having taken into account the views of the Special Residential Services Board referred to in section 23A(2)( b ), make a special care order in respect of the child if it is satisfied that— ( a ) the behaviour of the child is such that it poses a real and substantial risk to his or her health,safety, development or welfare,and ( b ) the child requires special care or protection which he or she is unlikely to receive unless the court makes such an order. (2) A special care order shall commit the child to the care of the health board concerned for so long as the order remains in force and shall authorise it to provide appropriate care, education and treatment for the child and, for that purpose, to place and detain the child in a special care unit provided by or on behalf of the health board pursuant to section 23K. (3) Where a child is detained in a special care unit pursuant to a special care order, the health board may take such steps as are reasonably necessary to prevent the child from— ( a ) causing injury to himself or herself or to other persons in the unit, or ( b ) absconding from the unit. (4) ( a ) Subject to subsections (5) and (6), a special care order shall remain in force for a period to be specified in the order, being a period which is not less than 3 months or more than 6 months. ( b ) The court may, on the application of the health board concerned, extend the period of validity of a special care order if and so often as the court is satisfied that the grounds for making the order continue to exist with respect to the child concerned. (5) If, while a special care order is in force in respect of a child, it appears to the health board concerned that the circumstances which led to the making of the order no longer exist with respect to the child, the board shall, as soon as practicable, apply to the court which made the order to have the order discharged. (6) A special care order shall cease to have effect when the person in respect of whom it was made ceases to be a child. (7) Where a special care order is in force, the health board may— ( a ) as part of its programme for the care, education and treatment of the child, place the child on a temporary basis in such other accommodation as the board is empowered to provide for children in its care under section 36, or ( b ) arrange for the temporary release of the child from the unit on health, education or compassionate grounds, and any such placement or arrangement shall be subject to its control and supervision. (8) Subject to this section, subsections (3), (4), (6), (7) and (8) of section 18 shall apply in relation to a special care order as they apply in relation to a care order, with any necessary modifications. 23B.—(1) A court may, on the application of a health board with respect to a child who is in its care or who resides or is found within its area and having taken into account the views of the Special Residential Services Board referred to in section 23A(2)( b ), make a special care order in respect of the child if it is satisfied that— ( a ) the behaviour of the child is such that it poses a real and substantial risk to his or her health,safety, development or welfare,and ( b ) the child requires special care or protection which he or she is unlikely to receive unless the court makes such an order. (2) A special care order shall commit the child to the care of the health board concerned for so long as the order remains in force and shall authorise it to provide appropriate care, education and treatment for the child and, for that purpose, to place and detain the child in a special care unit provided by or on behalf of the health board pursuant to section 23K. (3) Where a child is detained in a special care unit pursuant to a special care order, the health board may take such steps as are reasonably necessary to prevent the child from— ( a ) causing injury to himself or herself or to other persons in the unit, or ( b ) absconding from the unit. (4) ( a ) Subject to subsections (5) and (6), a special care order shall remain in force for a period to be specified in the order, being a period which is not less than 3 months or more than 6 months. ( b ) The court may, on the application of the health board concerned, extend the period of validity of a special care order if and so often as the court is satisfied that the grounds for making the order continue to exist with respect to the child concerned. (5) If, while a special care order is in force in respect of a child, it appears to the health board concerned that the circumstances which led to the making of the order no longer exist with respect to the child, the board shall, as soon as practicable, apply to the court which made the order to have the order discharged. (6) A special care order shall cease to have effect when the person in respect of whom it was made ceases to be a child. (7) Where a special care order is in force, the health board may— ( a ) as part of its programme for the care, education and treatment of the child, place the child on a temporary basis in such other accommodation as the board is empowered to provide for children in its care under section 36, or ( b ) arrange for the temporary release of the child from the unit on health, education or compassionate grounds, and any such placement or arrangement shall be subject to its control and supervision. (8) Subject to this section, subsections (3), (4), (6), (7) and (8) of section 18 shall apply in relation to a special care order as they apply in relation to a care order, with any necessary modifications. Interim special care order. Interim special care order. 23C.—(1) Where a judge of the Children Court is satisfied on the application of a health board— ( a ) that the health board is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child, and ( b ) that there is reasonable cause to believe that— (i) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and (ii) it is necessary in the interests of the child, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit provided under section 23K, the judge may make an interim special care order in respect of the child. (2) An interim special care order shall require that the child named in the order be placed and detained in a special care unit— ( a ) for a period not exceeding twenty-eight days, or ( b ) where the health board and the parent having custody of the child or a person acting in loco parentis consent, for a period exceeding twenty-eight days, and the judge concerned may be order extend any such period, on the application of any of the persons specified in paragraph ( b ) and, where the period of the extension exceeds twenty-eight days, with the consent of those persons, if he or she is satisfied that the grounds for making the interim special care order continue to exist with respect to the child. (3) An application for an interim special care order or for an extension of a period mentioned in subsection (2) shall be made on notice to a parent having custody of the child or a person acting in loco parentis or, where appropriate, to the health board concerned, except where, having regard to the welfare of the child, the judge otherwise directs. (4) Subsections (3) to (7) of section 13 shall apply in relation to an interim special care order as they apply in relation to an emergency care order, with any necessary modifications. 23C.—(1) Where a judge of the Children Court is satisfied on the application of a health board— ( a ) that the health board is complying with the requirements of section 23A(2) in relation to the making of an application for a special care order in respect of a child, and ( b ) that there is reasonable cause to believe that— (i) the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare, and (ii) it is necessary in the interests of the child, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit provided under section 23K, the judge may make an interim special care order in respect of the child. (2) An interim special care order shall require that the child named in the order be placed and detained in a special care unit— ( a ) for a period not exceeding twenty-eight days, or ( b ) where the health board and the parent having custody of the child or a person acting in loco parentis consent, for a period exceeding twenty-eight days, and the judge concerned may be order extend any such period, on the application of any of the persons specified in paragraph ( b ) and, where the period of the extension exceeds twenty-eight days, with the consent of those persons, if he or she is satisfied that the grounds for making the interim special care order continue to exist with respect to the child. (3) An application for an interim special care order or for an extension of a period mentioned in subsection (2) shall be made on notice to a parent having custody of the child or a person acting in loco parentis or, where appropriate, to the health board concerned, except where, having regard to the welfare of the child, the judge otherwise directs. (4) Subsections (3) to (7) of section 13 shall apply in relation to an interim special care order as they apply in relation to an emergency care order, with any necessary modifications. Duty of Garda Síochána where child needs special care or protection. Duty of Garda Síochána where child needs special care or protection. 23D.— 23D.— Notification by health board. Notification by health board. 23E.—(1) Where a child is placed in a special care unit pursuant to an interim special care order, the health board concerned shall as soon as possible inform or cause to be informed a parent having custody of the child or a person acting in loco parentis of the placement unless the parent or person is missing and cannot be found. (2) For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in a special care unit if the person is given or shown a copy of the interim special care order or if the person was present at the sitting of the court at which the order was made. 23E.—(1) Where a child is placed in a special care unit pursuant to an interim special care order, the health board concerned shall as soon as possible inform or cause to be informed a parent having custody of the child or a person acting in loco parentis of the placement unless the parent or person is missing and cannot be found. (2) For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in a special care unit if the person is given or shown a copy of the interim special care order or if the person was present at the sitting of the court at which the order was made. Variation or discharge of special care orders. Variation or discharge of special care orders. 23F.—(1) Without prejudice to section 23B(5), the court may, of its own motion or on the application of any person, vary or discharge a special care order. (2) In discharging a special care order, the court may, of its own motion or on the application of a health board either— ( a ) make a supervision order in respect of the child, or ( b ) if the court is of opinion that— (i) the child requires care and protection which he or she is unlikely to receive unless he or she remains in the care of the health board, or (ii) the delivery or return of the child to a parent or any other person would not be in the best interests of the child, make a care order in respect of the child. 23F.—(1) Without prejudice to section 23B(5), the court may, of its own motion or on the application of any person, vary or discharge a special care order. (2) In discharging a special care order, the court may, of its own motion or on the application of a health board either— ( a ) make a supervision order in respect of the child, or ( b ) if the court is of opinion that— (i) the child requires care and protection which he or she is unlikely to receive unless he or she remains in the care of the health board, or (ii) the delivery or return of the child to a parent or any other person would not be in the best interests of the child, make a care order in respect of the child. Appeals. Appeals. 23G.—Section 21 shall apply to an appeal from an interim special care order or a special care order as it applies to an appeal from an order under Part IV. 23G.—Section 21 shall apply to an appeal from an interim special care order or a special care order as it applies to an appeal from an order under Part IV. Powers of court in case of invalidity of order. Powers of court in case of invalidity of order. 23H.—Section 23 shall apply to a special care order as it applies to a care order, with the modification that the court may, as an alternative to making a special care order, make a care order in respect of the child. 23H.—Section 23 shall apply to a special care order as it applies to a care order, with the modification that the court may, as an alternative to making a special care order, make a care order in respect of the child. Application of Part V. Application of Part V. 23I.—Part V shall apply to proceedings relating to an application for an interim special care order or a special care order, with any necessary modifications. 23I.—Part V shall apply to proceedings relating to an application for an interim special care order or a special care order, with any necessary modifications. Application of Part VI. Application of Part VI. 23J.—Section 37, 42, 45 and 47 shall apply to a child who is committed to the care of a health board pursuant to an interim special care order or a special care order. 23J.—Section 37, 42, 45 and 47 shall apply to a child who is committed to the care of a health board pursuant to an interim special care order or a special care order. Provision of special care units by health boards. Provision of special care units by health boards. 23K.—(1) A health board may, with the approval of the Minister, for the purposes of section 23B and 23C— ( a ) provide and maintain a special care unit, or ( b ) make arrangements with a voluntary body or any other person for the provision and operation of such a unit by that body or person on behalf of the board. (2) The Minister shall not approve of the provision of a special care unit unless— ( a ) having caused the unit to be inspected by a person authorised in that behalf by the Minister, and ( b ) having considered a report in writing of the inspection, he or she is satisfied that the requirements of regulations under this section will be complied with by the health board, voluntary body or other person, as the case may be, in relation to the unit. (3) The duration of an approval of a special care unit by the Minister shall be 3 years from the date of approval, and thereafter the Minister may renew the approval for a further period, or further periods, of the like duration. (4) The Minister, on approving of a special care unit, shall cause a certificate to that effect to be issued to the health board concerned and the certificate shall without further proof, unless the contrary is shown, be admissible in any proceedings as evidence that the unit has been approved of by the Minister for the purposes of sections 23B and 23C. (5) The Minister may cancel such a certificate if he or she is of opinion that the special care unit concerned is no longer suitable for use as such a unit or is no longer required for that purpose. (6) The Minister shall make regulations with respect to the operation of special care units provided by or on behalf of health boards under this section and for securing the welfare of children detained therein. (7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to— ( a ) the maintenance, care and welfare of children while being detained in special care units, ( b ) the staffing of those units, ( c ) the physical standards in those units, including the provision of adequate and suitable accommodation and facilities, ( d ) the periodical review of the cases of children in those units and the matters to be considered in such reviews, ( e ) the records to be kept in those units and the examination and copying of any such records or of extracts therefrom by persons authorised in that behalf by the Minister, and ( f ) the periodical inspection of those units by persons authorised in that behalf by— (i) in case the units were provided under section 23K(1)( b ) by a voluntary body or other person, the health board concerned, and (ii) in any other case, the Minister n accordance with section 69. (8) Section 10 shall apply in relation to arrangements made under subsection (1)( b ), with any necessary modifications. (9) Nothing in this section shall empower a health board to delegate to a voluntary body or any other person the power to apply for an order under section 23B or 23C. (10) Where a child is detained in a special care unit provided under subsection (1)( b ), the provisions of section 23B(3) shall apply in relation to the voluntary body or other person providing or operating the unit. (11) Nothing in this section shall authorise the placing of a child in a special care unit otherwise than in accordance with an interim special care order or a special care order. 23K.—(1) A health board may, with the approval of the Minister, for the purposes of section 23B and 23C— ( a ) provide and maintain a special care unit, or ( b ) make arrangements with a voluntary body or any other person for the provision and operation of such a unit by that body or person on behalf of the board. (2) The Minister shall not approve of the provision of a special care unit unless— ( a ) having caused the unit to be inspected by a person authorised in that behalf by the Minister, and ( b ) having considered a report in writing of the inspection, he or she is satisfied that the requirements of regulations under this section will be complied with by the health board, voluntary body or other person, as the case may be, in relation to the unit. (3) The duration of an approval of a special care unit by the Minister shall be 3 years from the date of approval, and thereafter the Minister may renew the approval for a further period, or further periods, of the like duration. (4) The Minister, on approving of a special care unit, shall cause a certificate to that effect to be issued to the health board concerned and the certificate shall without further proof, unless the contrary is shown, be admissible in any proceedings as evidence that the unit has been approved of by the Minister for the purposes of sections 23B and 23C. (5) The Minister may cancel such a certificate if he or she is of opinion that the special care unit concerned is no longer suitable for use as such a unit or is no longer required for that purpose. (6) The Minister shall make regulations with respect to the operation of special care units provided by or on behalf of health boards under this section and for securing the welfare of children detained therein. (7) Without prejudice to the generality of subsection (6), regulations under this section may prescribe requirements as to— ( a ) the maintenance, care and welfare of children while being detained in special care units, ( b ) the staffing of those units, ( c ) the physical standards in those units, including the provision of adequate and suitable accommodation and facilities, ( d ) the periodical review of the cases of children in those units and the matters to be considered in such reviews, ( e ) the records to be kept in those units and the examination and copying of any such records or of extracts therefrom by persons authorised in that behalf by the Minister, and ( f ) the periodical inspection of those units by persons authorised in that behalf by— (i) in case the units were provided under section 23K(1)( b ) by a voluntary body or other person, the health board concerned, and (ii) in any other case, the Minister n accordance with section 69. (8) Section 10 shall apply in relation to arrangements made under subsection (1)( b ), with any necessary modifications. (9) Nothing in this section shall empower a health board to delegate to a voluntary body or any other person the power to apply for an order under section 23B or 23C. (10) Where a child is detained in a special care unit provided under subsection (1)( b ), the provisions of section 23B(3) shall apply in relation to the voluntary body or other person providing or operating the unit. (11) Nothing in this section shall authorise the placing of a child in a special care unit otherwise than in accordance with an interim special care order or a special care order. Recovery of absconding child. Recovery of absconding child. 23L.—Section 46 shall apply to the recovery of a child who absconds from a special care unit. 23L.—Section 46 shall apply to the recovery of a child who absconds from a special care unit. Amendment of section 4. Amendment of section 4. 23M.—References in section 4 to Parts III, IV and VI shall be construed as including references to this Part. 23M.—References in section 4 to Parts III, IV and VI shall be construed as including references to this Part. Restriction. Restriction. 23N.—A child on being found guilty of an offence may not be ordered to be placed or detained in a special care unit. 23N.—A child on being found guilty of an offence may not be ordered to be placed or detained in a special care unit. PART IVB Private Foster Care Definitions. Definitions. 23O.—In this Part— ‘authorised officer’ means a person appointed by a health board under section 23S; ‘health board’ means the health board for the area in which a child resides before being placed under a private foster care arrangement and also, if the child, on or after being so placed, goes to reside in the area of another health board, that other health board; ‘private foster care arrangement’ means any arrangement or undertaking whereby a child is for more than 14 days in the full-time care, for reward or otherwise, of a person other than his or her parent or guardian, a person cohabiting with a parent or guardian or a relative, except where the child— ( a ) is residing at a boarding school and receiving full-time education, ( b ) is in an institution managed by or on behalf of a Minister of the Government or a health board, ( c ) is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness, ( d ) is in an institution for the care and maintenance of children with a disability, ( e ) is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966, ( f ) is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001, ( g ) is placed for adoption under the Adoption Acts, 1952 to 1998, ( h ) is in the care of a health board, ( i ) is on holidays for a continuous period not exceeding 42 days, ( j ) is placed with a person or body for primarily educational purposes, or ( k ) is placed with a friend of the child’s parent or guardian for a period not exceeding 42 days, while the parent or guardian is on holidays; ‘relative’, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the whole blood, half blood or by affinity, and includes the spouse of any such person and any person cohabiting with any such person. 23O.—In this Part— ‘authorised officer’ means a person appointed by a health board under section 23S; ‘health board’ means the health board for the area in which a child resides before being placed under a private foster care arrangement and also, if the child, on or after being so placed, goes to reside in the area of another health board, that other health board; ‘private foster care arrangement’ means any arrangement or undertaking whereby a child is for more than 14 days in the full-time care, for reward or otherwise, of a person other than his or her parent or guardian, a person cohabiting with a parent or guardian or a relative, except where the child— ( a ) is residing at a boarding school and receiving full-time education, ( b ) is in an institution managed by or on behalf of a Minister of the Government or a health board, ( c ) is in an institution in which the majority of persons being cared for and maintained are being treated for acute illness, ( d ) is in an institution for the care and maintenance of children with a disability, ( e ) is in a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966, ( f ) is detained in a children detention school or children detention centre within the meaning of the Children Act, 2001, ( g ) is placed for adoption under the Adoption Acts, 1952 to 1998, ( h ) is in the care of a health board, ( i ) is on holidays for a continuous period not exceeding 42 days, ( j ) is placed with a person or body for primarily educational purposes, or ( k ) is placed with a friend of the child’s parent or guardian for a period not exceeding 42 days, while the parent or guardian is on holidays; ‘relative’, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the whole blood, half blood or by affinity, and includes the spouse of any such person and any person cohabiting with any such person. Notice of private foster care arrangement. Notice of private foster care arrangement. 23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the health board in the manner specified in section 23Q not less than thirty days before the placement. (2) Where a child is placed in a private foster care arrangement owing to an unforeseen emergency, both the person making the arrangement and the person undertaking it shall notify the health board in the manner specified in section 23Q as soon as practicable and not more than 14 days after the placement. (3) Any person arranging or undertaking a private foster care arrangement on the commencement of this Part who has submitted to the health board before such commencement the information it requires in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1). 23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the health board in the manner specified in section 23Q not less than thirty days before the placement. (2) Where a child is placed in a private foster care arrangement owing to an unforeseen emergency, both the person making the arrangement and the person undertaking it shall notify the health board in the manner specified in section 23Q as soon as practicable and not more than 14 days after the placement. (3) Any person arranging or undertaking a private foster care arrangement on the commencement of this Part who has submitted to the health board before such commencement the information it requires in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1). Information to be submitted to relevant health board. Information to be submitted to relevant health board. 23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the health board in writing— ( a ) the person’s name and address, ( b ) the name, sex, date and place of birth and address of the child concerned, ( c ) the name and address of the parent or guardian of the child, ( d ) if the child’s residence is changed, the child’s new address, ( e ) if the private foster care arrangement terminates, the reasons for its termination, and any other information that the health board may consider necessary in relation to any persons involved in the arrangement. (2) Any person arranging a private foster care arrangement shall submit to the relevant health board, in writing, the name and address of the person undertaking the arrangement and any other information in respect of that person that the health board may consider necessary. 23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the health board in writing— ( a ) the person’s name and address, ( b ) the name, sex, date and place of birth and address of the child concerned, ( c ) the name and address of the parent or guardian of the child, ( d ) if the child’s residence is changed, the child’s new address, ( e ) if the private foster care arrangement terminates, the reasons for its termination, and any other information that the health board may consider necessary in relation to any persons involved in the arrangement. (2) Any person arranging a private foster care arrangement shall submit to the relevant health board, in writing, the name and address of the person undertaking the arrangement and any other information in respect of that person that the health board may consider necessary. Duty in respect of children in private foster care. Duty in respect of children in private foster care. 23R.—Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the child’s welfare as the first and paramount consideration. (2) Any person undertaking such an arrangement shall take all reasonable measures to safeguard the health, safety and welfare of the child concerned. (3) Any person arranging such an arrangement shall make all reasonable enquiries to ensure that the person undertaking it is in a position to comply with subsection (2). 23R.—Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the child’s welfare as the first and paramount consideration. (2) Any person undertaking such an arrangement shall take all reasonable measures to safeguard the health, safety and welfare of the child concerned. (3) Any person arranging such an arrangement shall make all reasonable enquiries to ensure that the person undertaking it is in a position to comply with subsection (2). Authorised officers. Authorised officers. 23S.—(1) A health board shall appoint such and so many of its officers as it thinks fit to be authorised officers for the purposes of this Part. (2) Each authorised officer shall be given a warrant of his or her appointment and, when exercising any power conferred by this Part, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification. 23S.—(1) A health board shall appoint such and so many of its officers as it thinks fit to be authorised officers for the purposes of this Part. (2) Each authorised officer shall be given a warrant of his or her appointment and, when exercising any power conferred by this Part, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification. Inspection by authorised persons. Inspection by authorised persons. 23T.—(1) Where the relevant health board has received a notice in accordance with section 23P in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing. (2) A judge of the District Court may, if satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken and that the health board has not received the requisite notice, issue a warrant authorising an authorised officer, accompanied if necessary by other persons, to enter, if need by reasonable force, and inspect any premises (including a private dwelling) in which the child may be residing. (3) An authorised officer, on entering any such premises, shall investigate the care and attention that the child is receiving and the condition of the premises with a view to ensuring that the person undertaking the arrangement is complying with his or her duty to take all reasonable measures to safeguard the child’s health, safety and welfare. (4) An authorised officer may request a member of the Garda Síochána to accompany him or her when carrying out an inspection. 23T.—(1) Where the relevant health board has received a notice in accordance with section 23P in respect of a private foster care arrangement, an authorised officer may at all reasonable times enter any premises (including a private dwelling) in which the child concerned is residing. (2) A judge of the District Court may, if satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken and that the health board has not received the requisite notice, issue a warrant authorising an authorised officer, accompanied if necessary by other persons, to enter, if need by reasonable force, and inspect any premises (including a private dwelling) in which the child may be residing. (3) An authorised officer, on entering any such premises, shall investigate the care and attention that the child is receiving and the condition of the premises with a view to ensuring that the person undertaking the arrangement is complying with his or her duty to take all reasonable measures to safeguard the child’s health, safety and welfare. (4) An authorised officer may request a member of the Garda Síochána to accompany him or her when carrying out an inspection. Institution of proceedings by health board. Institution of proceedings by health board. 23U.—If a health board believes— ( a ) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or ( b ) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned, it may apply to the District Court for one of the following orders: (i) that a supervision order under section 19 be made in respect of the child, (ii) that the child be taken into the care of the health board under section 13, 17 or 18, or (iii) that the arrangement be terminated and the child returned to his or her parents or guardian, and the Court may order accordingly. 23U.—If a health board believes— ( a ) that a person who is arranging or undertaking a private foster care arrangement has not notified it under section 23P, or ( b ) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned, it may apply to the District Court for one of the following orders: (i) that a supervision order under section 19 be made in respect of the child, (ii) that the child be taken into the care of the health board under section 13, 17 or 18, or (iii) that the arrangement be terminated and the child returned to his or her parents or guardian, and the Court may order accordingly. Restrictions on private foster care arrangements in certain cases. Restrictions on private foster care arrangements in certain cases. 23V.—(1) A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under the Adoption Acts, 1952 to 1998. (2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless— ( a ) the child is eligible for adoption under the Adoption Acts, 1952 to 1998, and ( b ) the relevant health board has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts. (3) If a health board believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) or (2), it may apply to the District Court for an order either— ( a ) that the child be taken into its care under section 13, 17 or 18, or ( b ) that the arrangement be terminated and the child returned to his or her parents or guardian, and the Court may order accordingly. 23V.—(1) A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under the Adoption Acts, 1952 to 1998. (2) Any person undertaking a private foster care arrangement in respect of a child shall not apply under those Acts to adopt the child unless— ( a ) the child is eligible for adoption under the Adoption Acts, 1952 to 1998, and ( b ) the relevant health board has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts. (3) If a health board believes that a person who is arranging or undertaking a private foster care arrangement is doing so in contravention of subsection (1) o