Child Care Act 1991 Flashcards
Section 3
Function of the HSE and CFA to identify neglected/ abused children
o recognises the rights of parents
o welfare of child is paramount
section 4
VOLUNTARY CARE ORDERS where the health board takes the child with the consent of the parent after there is recognised ISSUES
section 12
Guarda may remove child if there is an immediate risk
section 13
Emergency Care orders can be invoked by the district court to remove the child for a max of 8 days unless otherwise extended
Section 17 Interim case orders
Where there is already a pending care order in place an interim care order can be set up for 8 days
Section 18
care order
(a) the child has been or is being assaulted, ill-treated, neglected or sexually abused, or
(b) the child’s health, development or welfare has been or is being avoidably impaired or neglected, or
(c) the child’s health, development or welfare is likely to be avoidably impaired or neglected,
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 “care order”) in respect of the child.
Can be taken into court order
Types of care orders
1 Interim Care Order – S17 1991 Act 28 Day Order
- Care Order – S18 1991 Act – Maximum - as long as he remains a child
- Children in need of Special Care and Attention – Children Act 2001
- Special Care Orders Act 2011 & 1991 3 month Order – may be extended by HSE application
- Interim Special Care Orders Act 2011 14 day order
- Supervision Order - S19 Child Care Act 1991
- Reciprocal Care Orders
Interim Care Order –
S17 1991 Act
Max 28 days
Child may be placed in care pending a Care Order Application where District Court Judge satisfied that – A care Order has / is about to be made and that it is necessary for the child’s health & welfare
Reciprocal Care Orders : HSE v W
EU Article 15 Regulation in Public Law Child Care Proceedings – Permits the Courts of another member jurisdiction to hear a case where it is in the best interests of the child
Supervision order
Periodic visits may be made by the Health Board to ensure the welfare of the child where the conditions for a Care Order per S 18 (1991 Act) are not met
Interim Special Care Orders
Child Care Amendment Act Act 2011 23L
14 day order
If the child’s behaviour poses a substantial risk to himself and can only be addressed by special care. Must be at least 11 years old
23L. — (1) Where the High Court is satisfied that there is reasonable cause to believe that —
( a ) the child has attained the age of 11 years,
( b ) the F126 [ Child and Family Agency ] is taking all steps reasonably open to it to make a determination under section 23F ,
( c ) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,
( d ) the risk of harm, referred to in paragraph (c) , is immediate,
( e ) having regard to that behaviour and risk of harm and the care requirements of the child —
(i) the provision , or the continuation of the provision, by the F126 [ Child and Family Agency ] to that child of care, other than special care, and
(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001 ,
will not adequately address that behaviour and risk of harm and those care requirements,
( f ) having regard to paragraph (e) , the child requires special care to adequately address —
(i) that behaviour and risk of harm, and
(ii) those care requirements,
which the F126 [ Child and Family Agency ] cannot provide to the child unless an interim special care order is made in respect of that child,
( g ) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care,
( h ) having regard to paragraph (d) , the child requires special care immediately and it is required to be provided before the determination under section 23F is made in respect of that child, and
( i ) having regard to paragraphs (a) to (h) , the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,
the High Court may make an interim special care order in respect of that child.
Special Care Order
Child Care Amendment Act 2011 & 1991 3 month Order – may be extended by HSE application 23H
Permits the Courts to commit the child to a HSE Special Care Unit where -
If the child’s behaviour poses a substantial risk to himself and can only be addressed by special care.
The child is unlikely to receive said care unless Court ordered
23H. — (1) Where the High Court is satisfied that —
( a ) the child has attained the age of 11 years,
( b ) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare,
( c ) having regard to that behaviour and risk of harm and the care requirements of the child —
(i) the provision, or the continuation of the provision, by the F116 [ Child and Family Agency ] to that child of care, other than special care, and
(ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001 ,
will not adequately address that behaviour and risk of harm and those care requirements,
( d ) having regard to paragraph (c) , the child requires special care to adequately address —
(i) that behaviour and risk of harm, and
(ii) those care requirements,
which the F116 [ Child and Family Agency ] cannot provide to the child unless a special care order is made in respect of that child,
( e ) the F116 [ Child and Family Agency ] has carried out the consultation referred to in section 23F(3) or, where the F116 [ Child and Family Agency ] has not carried out that consultation, the High Court is satisfied that it is in the best interests of the child not to have carried out that consultation having regard to the grounds provided in accordance with section 23F(9) ,
( f ) in respect of the family welfare conference referred to in section 23F(5) —
(i) the F116 [ Child and Family Agency ] has convened the family welfare conference and the F116 [ Child and Family Agency ] has had regard to the recommendations notified in accordance with section 12 of the Act of 2001, or
(ii) it is in the best interests of the child that the family welfare conference was not convened having regard to the information and grounds provided in accordance with section 23F(10) ,
( g ) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and
( h ) having regard to paragraphs (a) to (g) , the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child,
the High Court may make a special care order in respect of that child.
(2) A special care order shall specify the period for which it has effect and that period shall not exceed 3 months from the day on which that order is made unless that period is extended under section 23J and shall —
( a ) commit the child in respect of whom it is made to the care of the F116 [ Child and Family Agency ] ,
( b ) direct the F116 [ Child and Family Agency ] to detain that child in a special care unit, which the F116 [ Child and Family Agency ] considers appropriate for that child, for the purpose of providing that child with special care, and
( c ) direct the F116 [ Child and Family Agency ] to provide special care to the child and to generally care for and maintain the child,
and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child.
(3) For the purposes of executing a special care order the High Court may —
( a ) make an order directing a person who has actual custody of the child to deliver that child to the custody of the F116 [ Child and Family Agency ] ,
( b ) make an order directing the Garda S í och á na to search for and find the child and to deliver the child to the custody of the F116 [ Child and Family Agency ] , at a special care unit specified by the F116 [ Child and Family Agency ] , and
Children in Need of Special Care and Attention
Children Act 2001
Allows for detention of children for their own care and protection in Special Care Units
Child was transferred to secure institution in England with better facilities – HSE v SC (2012)
Care Order
S18 1991 Act – Maximum - as long as he remains a child
Where District Court Judge is satisfied that –
Assault, Ill Treatment, Neglect or Sexual Abuse has or is taking place or
Health, Development or Welfare has, is or will be avoidably impaired or neglected.
An Order may be granted for HSE to act as if it was the parent re safeguarding health, welfare etc
section 19
Supervision - social worker can visit the home where they suspect abuse
