CHILDREN ACT, 1989

AN ACT TO AMEND AND EXTEND THE CHILDREN ACTS, 1908 TO 1957. [9th November, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 “Fit person”.

1.—The expression “fit person” in section 38 of the Children Act, 1908, includes and shall be deemed always to have included a health board established under the Health Act, 1970, and the functions of a health board shall include and be deemed always to have included the functions conferred on a fit person by the first-mentioned Act as amended by any subsequent Act.

2 Construction of orders made before passing of this Act.

2.—Every order made before the passing of this Act pursuant to Part II or IV of the Children Act, 1908, in relation to the care of a child or young person shall be construed and have effect as if this Act were in force when the order was made.

3 Children and young persons in care at passing of this Act.

3.—Where on the passing of this Act a child or young person is in the actual possession or control of any person in consequence of an order made or purporting to have been made under Part II or IV of the Children Act, 1908, placing the child or young person in the care of a health board, whether solely or in conjunction with another person and the order would have been valid at the time it was made or purported to have been made if this Act had been in force at that time, he shall be deemed to be lawfully in such possession or control, and any person may apply to a court for an order under Part II or IV of that Act providing for the care of the child or young person or the renewal, variation or revocation of any such order as if he were the subject of an order made under that Act.

4 Maintenance of children and young persons in care.

4.—(1) Where a child or young person is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908, the health board 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—

• (a) by placing him in foster care, or

• (b) by placing him in a suitable home, school, certified industrial school or other place of residence, or

• (c) in the case of a child or young person 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

• (d) by making such other suitable arrangements as the health board thinks proper.

• (2) Nothing in this section shall prevent a health board from sending a child or young person in its care to any hospital or to any institution which provides nursing or care for persons suffering from physical or mental disability.

• (3) Without prejudice to subsection (1) a health board may, either for a fixed period or until the health board otherwise determines, allow a child or young person who has been committed to its care under an order made pursuant to Part II or IV of the Children Act, 1908, to be under the charge and control of a parent or other suitable person.

• (4) Where a child or young person is dealt with under paragraph (a) of subsection (1) he shall be deemed to be boarded out under section 55 of the Health Act, 1953, but the consent of any person under that section shall not be required.

• (5) In this section, references to a health board include references to any officer or servant of the health board acting on its behalf whether by himself or in conjunction with the health board.

5 Functions of chief executive officer.

5.—The functions of a health board referred to in sections 1 and 4 of this Act shall be functions of the chief executive officer of the board, or a person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970.

6 Powers of court in case of invalidity of orders.

6.—Where an order committing a child or young person to the care of a fit person has been made under Part II or IV of the Children Act, 1908, and a court finds or declares in any proceedings that the order, for whatever reason, is invalid, that court may of its own motion or on the application of any interested person refuse to exercise any power to order the delivery or return of the child or young person 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 interested person, may—

• (a) make an order committing the child or young person to the care of a fit person under Part II or IV of that Act as if it were a court before which the child or young person had been brought under section 24, 58 or 59 of that Act,

• (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 or young person 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 the child or young person shall be deemed to have been brought before that justice under section 24, 58 or 59 of that Act as the court may direct,

• (c) where a person having the custody, charge or care of a child or young person has been—

• (i) convicted of committing in respect of such child or young person an offence under Part II of the said Act or any of the offences mentioned in the First Schedule to that Act, or

• (ii) committed for trial for any such offence, or

• (iii) bound over to keep the peace towards such child or young person,

make an order under section 21 of that Act, or remit the question whether such an order should be made to the court by which such person was so convicted, committed or bound over,

• (d) direct that any order under paragraph (a) or (c) shall, if necessary, be deemed for the purposes of the Children Act, 1908, 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

• (e) where it makes an order under paragraph (b) or (c), 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.

7 Saving.

7.—Nothing in this Act shall affect any order of a court made before the passing of this Act finding or declaring an order under Part II or IV of the Children Act, 1908, invalid.

8 Short title, collective citation and construction.

8.—(1) This Act may be cited as the Children Act, 1989.

• (2) The Children Acts, 1908 to 1957, and this Act may be cited together as the Children Acts, 1908 to 1989, and shall be construed as one Act.