Child Care Act , 1991

PART I Preliminary

1. Short title and commencement.

1.—(1)This Act may be cited as the Child Care Act, 1991.

(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.

2. Interpretation.

2.—(1)In this Act, except where the context otherwise requires—

F1[“Act of 2001”means theChildren Act 2001;]

F2[“Act of 2011”means theChild Care (Amendment) Act 2011;

“aftercare plan”means an aftercare plan prepared undersection 45Bor45C;

“assessment of need”shall be construed in accordance withsection 45A;]

F3["broadcast" has the same meaning as it has insection 2of theBroadcasting Act 2009;]

F4[…]

“child” means a person under the age of 18 years other than a person who is or has been married;

F5[“Data Protection Regulation”means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1on 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);]

F2[“eligible adult”, subject tosubsections (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;

“eligible child”, subject tosubsections (1C)and(1D), means a child aged 16 years or over who—

(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

(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;]

“functions” includes powers and duties;

F6[…]

F1["interim special care order" has the meaning assigned to it byPart IVA(as amended by the Child Care (Amendment) Act 2011);]

F7["Minister" means the Minister for Children and Youth Affairs.]

“parents” 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;

F8["personal data" has the same meaning as it has in the Data Protection Regulation;]

“prescribed” means prescribed by regulations made by the Minister.

F3["publish" means publish, other than by way of broadcast, to the public or a portion of the public.]

F1["special care" has the meaning assigned to it byPart IVA(as amended by the Child Care (Amendment) Act 2011);

"special care order" has the meaning assigned to it byPart IVA(as amended by the Child Care (Amendment) Act 2011);

"special care unit" has the meaning assigned to it byPart IVA(as amended by the Child Care (Amendment) Act 2011).]

F2[(1A) (a) Where prior to the coming into operation ofsection 82of theChild and Family Agency Act 2013a 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.

(b) Where a person was in the care of the Child and Family Agency for a period (including a period referred to inparagraph (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 ofsection 82of theChild and Family Agency Act 2013, undersection 5in 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.

(1B) A reference in the definition of eligible adult to the care of the Child and Family Agency includes—

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order underPart IVA, and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning ofPart IVA.

(1C) (a) Where prior to the coming into operation ofsection 82of theChild and Family Agency Act 2013a 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.

(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 inparagraph (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 ofsection 82of theChild and Family Agency Act 2013, undersection 5since 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.

(1D) A reference in the definition of eligible child to the care of the Child and Family Agency includes—

(a) a reference to the care of the Child and Family Agency pursuant to an interim special care order or a special care order underPart IVA, and

(b) on or after the coming into operation of section 10 of the Act of 2011, a reference to special care within the meaning ofPart IVA.]

(2)In 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 a reference to some other enactment 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.

PART II Promotion of Welfare of Children

3. Functions of F13[Child and Family Agency].

3.—(1)It shall be a function of F14[theF13[Child and Family Agency]] to promote the welfare of children F15[…] who are not receiving adequate care and protection.

(2)In the performance of this function, F16[theF13[Child and Family Agency]] shall—

(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 F17[…];

(b)having regard to the rights and duties of parents, whether under the Constitution or otherwise—

(i)regard the welfare of the child as the first and paramount consideration, and

(ii)in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and

(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.

(3)F18[TheF13[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.

(4) F19[…]

4. Voluntary care.

4.—(1)Where it appears to F20[theF21[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 F20[theF22[Agency]] to take him into its care under this section.

(2)Without prejudice to the provisions of Parts III,IV F23[,IVA(as amended by the Child Care (Amendment) Act 2011)] and VI, nothing in this section shall authorise F24[theF21[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.

(3)Where F25[theF21[Child and Family Agency]] has taken a child into its care under this section, it shall be the duty of F25[theF22[Agency]]—

(a)subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to F25[theF22[Agency]] to require it and while he remains a child, and

(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.

(4)Without prejudice to the provisions of Parts III, IV and VI, where F26[theF21[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, F26[theF22[Agency]] shall endeavour to reunite him with that parent where this appears to F26[theF22[Agency]] to be in his best interests.

(5) F27[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.]

5. Accommodation for homeless children.

5.—Where it appears to F28[theF29[Child and Family Agency]that a child is homeless, theF30[Agency]shall] enquire into the child’s circumstances, and F31[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 F32[care of theF30[Agency]] under the provisions of this Act, F33[theF30[Agency]shall take] such steps as are reasonable to make available suitable accommodation for him.

6. Provision of adoption service.

6.—F34[(1) TheF35[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.]

F34[(2) For the purposes of this section, theF35[Child and Family Agency]may enter into arrangements with an accredited body within the meaning ofsection 3(1) of the Adoption Act 2010.]

(3)F36[TheF35[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.

(4)Without prejudice to Parts III, IV and VI, nothing in this section shall authorise F37[theF35[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.

(5)The provisions of section 10 shall apply with any necessary modifications in relation to any arrangement made under subsection (2).

7. Child care advisory committees.

7.—F38[(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.]

F39[(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 withsubsection (1)of this section.]

(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.

(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but F40[theF41[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.

(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.

(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 F42[theF41[Child and Family Agency]and each child care advisory committee] shall comply with any such directions.

F43[(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 undersubsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.

(5B) The Minister may amend or revoke directions given in relation to child care advisory committees.]

(6) F44[TheF41[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 F45[…] and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.

(7) Each child care advisory committee shall—

(a) have access to non-personal information in relation to child care and family support services in its area,

(b) consult with voluntary bodies providing child care and family support services in its area,

(c) report on child care and family support services in its area, either on its own initiative or when so requested by the F41[Child and Family Agency],

(d) review the needs of children in its area who are not receiving adequate care and protection,

and where more than one child care advisory committee is established F46[…], the provisions of this subsection shall apply with the necessary modifications.

8. Review of services.

8.—F47[(1) The Child and Family Agency shall—

(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

(b) annually thereafter prepare a report on the adequacy of the child care and family support services available.]

(2) Without prejudice to the generality of subsection (1), F48[theF49[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—

(a) children whose parents are dead or missing,

(b) children whose parents have deserted or abandoned them,

(c) children who are in the care of F50[theF51[Agency]],

(d) children who are homeless,

(e) children who are at risk of being neglected or ill-treated, and

(f) children whose parents are unable to care for them due to ill-health or for any other reason.

F52[(3) The Child and Family Agency shall give notice of the preparation of a report undersubsection (1)to—

(a) each child care advisory committee, and

(b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services,

and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.]

(4) F53[TheF49[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).

9. Provision of services by voluntary bodies and other persons.

9.—(1) F54[…]

F55[(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 undersection 4to receive certain children into care or the power to apply for an order underPart III,IV,IVA(as amended by the Child Care (Amendment) Act 2011) orVI.]

10. Assistance for voluntary bodies and other persons.

10.— F56[…]

11. Research.

11.—(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.

(2)F57[TheF58[Child and Family Agency]] may conduct or assist other persons in conducting research into any matter connected with the functions assigned to F57[theF59[Agency]] under this Act.

PART III Protection of Children in Emergencies

12. Power of Garda Síochána to take a child to safety.

12.—(1)Where a member of the Garda Síochána has reasonable grounds for believing that—

(a)there is an immediate and serious risk to the health or welfare of a child, and

(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 F60[theF61[Child and Family Agency]] under section 13, F62[or an application for a warrant undersection 35].

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.

(2)The provisions of subsection (1) are without prejudice to any other powers exercisable by a member of the Garda Síochána.