CHILD CARE ACT, 1991

• (6) Where the High Court is satisfied by information on oath that there are reasonable grounds for believing that a child referred to in subsection (1), and who is named in an application, is in a house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, specified in the information, the High Court may, on the application of the F182[Child and Family Agency] in respect of a child referred to in subsection (1), issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter, if need be by force, and to search any house or other place specified in the warrant, where the child is, or where there are reasonable grounds for believing that he or she is, and to return the child to the custody of the F182[Child and Family Agency] at the special care unit specified by the F182[Child and Family Agency].

• (7) An application for an order under subsection (3) may be made ex parte and may be heard if the High Court is satisfied—

• (a) of the urgency of the matter,

• (b) that it is necessary for the purpose of protecting the life, health, safety, development or welfare of the child, or

• (c) that it is in the interests of justice to do so.

• (8) Where a member of the Garda Síochána has reasonable grounds for believing that—

• (a) there is an immediate and serious risk to the life, health, safety, development or welfare of a child referred to in subsection (1), and

• (b) it would not be sufficient for the protection of that child from such immediate and serious risk to await the making of an application for a warrant under subsection (6),

the member, accompanied by such other persons as may be necessary, may, without a 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 or aircraft, and remove the child to safety and return the child to the custody of the F182[Child and Family Agency] at the special care unit specified by the F182[Child and Family Agency].

• (9) Subsection (8) is without prejudice to any other powers exercisable by a member of the Garda Síochána.

• (10) Where a child is removed to safety by a member of the Garda Síochána in accordance with subsection (8), the child shall be returned to the custody of the F182[Child and Family Agency] at the special care unit specified by the F182[Child and Family Agency].]

23NJ. F184[Applications for special care orders or interim special care orders generally.

23NJ.—(1) Nothing in this Act shall be construed as preventing the F185[Child and Family Agency] from applying for a special care order or an interim special care order, in respect of a child who has previously been the subject of—

• (a) an application for a special care order or an interim special care order,

• (b) a special care order, whether or not the period for which it had effect was extended in accordance with section 23J, or

• (c) an interim special care order, whether or not the period for which it had effect was extended in accordance with section 23N.

• (2) Where a special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23J, the F185[Child and Family Agency] may apply for another special care order in respect of that child—

• (a) at any time after the first-mentioned special care order ceased to have effect, or

• (b) during the period for which the first-mentioned special care order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order, the first-mentioned special care order shall cease to have effect immediately following the making of that special care order.

• (3) Where an interim special care order has been made in respect of a child, whether or not the period for which it had effect was extended in accordance with section 23N, the F185[Child and Family Agency] may apply for another interim special care order in respect of that child, subject to subsection (4), at any time after the first-mentioned interim special care order ceased to have effect.

• (4) Subsection (3) shall not apply in respect of a hearing, referred to in section 23M(1)(a), held pursuant to the making of an interim special care order ex parte.

• (5) Where an interim special care order has been made in respect of a child, whether or not the period for which it had, or has, effect was extended in accordance with section 23N, the F185[Child and Family Agency] may apply for a special care order in respect of that child—

• (a) at any time after the interim special care order ceased to have effect, or

• (b) during the period for which the interim special care order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers—

• (i) makes the special care order, the interim special care order shall cease to have effect immediately following the making of that special care order, or

• (ii) if the High Court refuses to make the special care order it shall discharge the interim special care order.

• (6) The F185[Child and Family Agency] may apply for a special care order, or an interim special care order, in respect of a child who is, or has previously been the subject of an order of the High Court the effect of which was to detain a child in secure residential accommodation and such application may be made, in accordance with this Part—

• (a) at any time after that High Court order ceased to have effect, or

• (b) during the period for which that High Court order has effect,

and where the High Court, pursuant to an application to which paragraph (b) refers, makes the special care order or, as the case may be, the interim special care order it shall give directions in respect of the cessation of the effect of that High Court order.]

23NK. F187[Application for directions.

23NK.—Where a child is in the care of the F188[Child and Family Agency] pursuant to a special care order or an interim special care order, the High Court may—

• (a) of its own motion, or

• (b) on the application of the F188[Child and Family Agency], a parent, F189[the guardian of the child, a guardian ad litem, where such guardian ad litem is appointed in accordance with Part VA in respect of proceedings under this Part,] or a relative,

give directions or make an order on any question affecting the welfare of the child as the High Court thinks proper and may vary or discharge any such direction or order.]

23NL. F191[Existing orders.

23NL.—(1) Where an existing order has effect in respect of a child on the day on which a special care order or an interim special care order is made in respect of that child, subject to subsection (2), the provision of special care to that child by the F192[Child and Family Agency] shall take precedence over the care provided to the child pursuant to such existing order during the period for which the special care order or interim special care order has effect.

• (2) Where an existing order has effect for a specified period, nothing in subsection (1) shall be construed as affecting that period.

• (3) In this section “existing order” means—

• (a) an interim care order made under section 17,

• (b) a care order made under section 18,

• (c) an emergency order made under section 13, or

• (d) a supervision order made under section 19.]

23NM. F193[Provision of information to certain persons.

23NM.—(1) The F194[Child and Family Agency] shall, from time to time during the period for which a special care order or an interim special care order has effect and subject to a direction under section 23NA(2)(a), provide—

• (a) a parent having custody of the child unless the parent is dead, missing or cannot be found, and

• (b) a guardian of the child unless the guardian is missing or cannot be found, or a relative,

with information relating to the child having regard to the special care provided to him or her, his or her care requirements, the behaviour of the child before the provision of special care and the risk it poses to his or her life, health, safety, development or welfare.

• (2) The F194[Child and Family Agency] shall, for the purposes of subsection (1), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1).

• (3) Without prejudice to the generality of subsection (1), information provided pursuant to that subsection includes information in respect of—

• (a) the benefits of special care having regard to the care requirements of the child, and

• (b) an incident, if any, relating to the child which—

• (i) has occurred in the special care unit or during a period for which the child was released from the special care unit pursuant to section 23NF or 23NG, and

• (ii) has had, or is likely to have, an adverse affect on that child.]

23NN. F195[Request for appraisal of special care provided to child.

23NN.—(1) A parent of a child who is the subject of a special care order or an interim special care order, a guardian or a person who has a bona fide interest in the child, may request, in writing, the F196[Child and Family Agency] to carry out an appraisal of the child in respect of the special care provided to him or her, the care requirements of the child, the behaviour of the child before the provision of such special care and the risk such behaviour poses to his or her life, health, safety, development or welfare.

• (2) Where a request under subsection (1) is made, the F196[Child and Family Agency] shall, subject to subsection (3), carry out an appraisal referred to in subsection (1).

• (3) Where, pursuant to a request referred to in subsection (1), the F196[Child and Family Agency] decides not to carry out an appraisal, the F196[Child and Family Agency] shall inform, in writing, the person who made the request of that decision and the reasons for it.

• (4) Where the F196[Child and Family Agency] decides not to carry out an appraisal pursuant to a request referred to in subsection (1), the person who made that request may appeal the decision in accordance with this section within 14 days of receipt of the written notification in the prescribed form stating the reasons for the appeal.

• (5) Where the F196[Child and Family Agency] receives an appeal under subsection (4) it shall, with the consent of the Minister, appoint a person who—

• (a) has, in the opinion of the F196[Child and Family Agency], the necessary qualifications, training or experience, or a combination thereof, and

• (b) is not an employee of the F196[Child and Family Agency].

• (6) The person appointed pursuant to subsection (5) to consider an appeal under subsection (4) shall—

• (a) be independent in the performance of his or her functions,

• (b) comply with guidelines issued under subsection (10) by the F196[Child and Family Agency] in respect of the procedure to be followed with respect to the consideration of the appeal,

• (c) consider any written or oral objections made by the appellant in support of the appeal,

• (d) make a decision in writing determining the appeal as soon as practicable in all the circumstances of the case, and

• (e) send a copy of the decision referred to in paragraph (d) to the appellant and the F196[Child and Family Agency] together with the reasons for that decision.

• (7) The appellant or the F196[Child and Family Agency] may appeal to the High Court against the decision referred to in subsection (6)(d) on a point of law.

• (8) An appeal under subsection (7) shall, where the appellant requests, be heard otherwise than in public.

• (9) A decision of the High Court on an appeal under subsection (7) shall be final except that, by leave of the High Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.

• (10) The F196[Child and Family Agency] shall issue guidelines in respect of the procedure to be followed in respect of an appeal under this section.]

23NO. F198[Guidelines.

23NO.—The F199[Child and Family Agency] shall prepare and publish guidelines in respect of—

• (a) the procedures for—

• (i) the discharge of children from special care units including the discharge or release of children who are to remain in the care of the F199[Child and Family Agency] pursuant to an order under the Act other than under this Part, and

• (ii) the release, in accordance with section 23NF and 23NG, of children from a special care unit,

• F200[(b) (i) the provision of care under this Act to a child when a special care order or an interim special care order made in respect of that child ceases to have effect, and

• (ii) the assistance which may be provided by the Child and Family Agency in accordance with an aftercare plan where a person has been the subject of an interim special care order or a special care order and is an eligible child or eligible adult,

and]

• (c) informing the Garda Síochána and other persons, of children—

• (i) who are, without lawful authority or the consent or knowledge of the F199[Child and Family Agency], removed from the custody of the F199[Child and Family Agency] or a special care unit,

• (ii) who abscond from a special care unit or the custody of the F199[Child and Family Agency],

• (iii) who fail to return, or are prevented from returning, to a special care unit or the custody of the F199[Child and Family Agency], or

• (iv) who are missing or otherwise absent, without the consent or knowledge of the F199[Child and Family Agency], from the special care unit or place to which children are released in accordance with sections 23NF and 23NG.]

23NP. F201[Offences.

23NP.—(1) Without prejudice to the law relating to contempt of court, where the High Court—

• (a) makes an order under section 23H(3)(a),

• (b) makes an order under section 23L(4)(a), or

• (c) makes an order under section 23NI(4),

and the person who has actual custody of the child has been given or shown a copy of the order referred to in paragraph (a), (b) or (c) and has been required, by or on behalf of the F202[Child and Family Agency], to give up that child to the F202[Child and Family Agency], and that person fails or refuses to comply with the order, that person shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

• (2) Without prejudice as to the law as to contempt of court, where a special care order or an interim special care order has been made in respect of a child, a person who—

• (a) without lawful authority, removes that child from—

• (i) a special care unit,

• (ii) the custody of the F202[Child and Family Agency], any person who is taking care of the child on behalf of the F202[Child and Family Agency] or a person referred to in section 23B(4), or

• (iii) the place to which he or she has been released under section 23NF or 23NG,

or

• (b) prevents the child, where that child is released from the special care unit in accordance with section 23NF or 23NG, from returning to—

• (i) the special care unit, or

• (ii) the custody of the F202[Child and Family Agency] or a person referred to in paragraph (a)(ii),

shall be guilty of an offence and shall be liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both.

• (3) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order referred to in paragraph (a), (b) or (c) of subsection (1) if that person was present at the sitting of the High Court at which that order was made.]

F204[PART IVB Private Foster Care]

23O. F204[Definitions.

23O.—In this Part—

F206[“authorised officer” means a person appointed by the F207[Child and Family Agency] under section 23S;]

F208[…]

“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 F206[the F207[Child and Family Agency]],

• (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,

• F209[(g) is placed for adoption under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or is the subject of an intercountry adoption effected outside the State recognised by that Act,]

• (h) is in the care of F206[the F207[Child and Family Agency]],

• (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.]

23P. F210[Notice of private foster care arrangement.

23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the F211[Child and Family Agency] 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 F211[Child and Family Agency] in the manner specified in section 23Q as soon as practicable and not more than 14 days after the placement.

• F212[(3) Any person arranging or undertaking a private foster care arrangement who has submitted to the Health Service Executive before the establishment of the Child and Family Agency the information the Health Service Executive required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).]]

23Q. F213[Information to be submitted to F214[Child and Family Agency].

23Q.—(1) Any person arranging or undertaking a private foster care arrangement shall submit to the F214[Child and Family Agency] in writing—

• (a) the person’s name and address,

• (b) the name, sex, date and place of birth and address of the child concerned,]

• F213[(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 F214[Child and Family Agency] 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 F214[Child and Family Agency], in writing, the name and address of the person undertaking the arrangement and any other information in respect of that person that F215[the F216[Agency]] may consider necessary.

23R. F217[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).]

23S. F218[Authorised officers.

23S.—(1) F219[The F220[Child and Family Agency] shall appoint such and so many of its employees] 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.]

23T. F221[Inspection by authorised persons.

23T.—(1) Where the F222[Child and Family Agency] 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 F222[Child and Family Agency] 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.]

23U. F223[Institution of proceedings by F224[Child and Family Agency].

23U.—If F225[the F224[Child and Family Agency]] 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 F225[the F224[Child and Family Agency]] 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.]

23V. F227[Restrictions on private foster care arrangements in certain cases.

23V.—A person shall not arrange or undertake a private foster care arrangement for the purpose of adopting a child under F228[an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or an intercountry adoption effected outside the State recognised by that Act.]

• (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 F229[the Adoption Act 2010], and

• (b) the F230[Child and Family Agency]has consented to the continuance of the arrangement pending the completion of an assessment of that person under those Acts.

• (3) If the F230[Child and Family Agency] 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.]

23W. F232[Offences.

23W.—(1) Any person—

• (a) who while arranging or undertaking a private foster care arrangement does not notify the F233[Child and Family Agency] under section 23P,

• (b) who contravenes subsection (2) or (3) of section 23R,

• (c) who refuses to allow an authorised officer to enter any premises in accordance with subsection (1) or (2) of section 23T or obstructs or impedes an authorised officer in the exercise of his or her powers under that section,

• (d) who while arranging or undertaking a private foster care arrangement knowingly or wilfully makes or causes or procures any other person to make a false or misleading statement to the F233[Child and Family Agency],

• (e) who contravenes section 23V(1), or

• (f) who does not comply with an order under paragraph (ii) or (iii) of section 23U or under section 23V(3),

is guilty of an offence and liable on summary conviction to a fine not exceeding £1,500.

• (2) Where a person is convicted of an offence under this section, the District Court may by order prohibit the person from arranging or undertaking a private foster care arrangement for such period as may be specified in the order.]

23X. F235[Saver.

23X.—This Part is without prejudice to any other provision of this Act or any provision of the Children Act, 2001, which imposes, in the interests of a child, duties or obligations on F236[the F237[Child and Family Agency]] or a member of the Garda Síochána.]

PART V Jurisdiction and Procedure

24. Welfare of child to be paramount.

F238[24.—(1) In any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the High Court under Part IVA in relation to special care, the court shall regard the best interests of the child as the paramount consideration in the resolution of such proceedings.

• (2) In determining for the purposes of subsection (1) what is in the best interests of the child, the court shall have regard to all of the factors or circumstances that it considers relevant to the child including—

• (a) the child’s age, maturity and any special characteristics of the child,

• (b) the benefit to the child of having a meaningful relationship with his or her parents and with any other relatives and persons who are involved in the child’s upbringing,

• (c) the views of the child where he or she is capable of forming, and has chosen to express, such views,

• (d) the physical, psychological and emotional needs of the child,

• (e) the social, intellectual and educational needs of the child,

• (f) the religious, spiritual, cultural and linguistic upbringing and needs of the child, and

• (g) any harm which the child has suffered or is at risk of suffering, including harm as a result of household violence, and the protection of the child’s safety and psychological well-being.

• (3) In this section, “household violence” has the same meaning as it has in section 31 (7) of the Guardianship of Infants Act 1964.]

24A. F240[Views of child

24A.—Where in any proceedings before a court under this Act in relation to the care and protection of a child, including proceedings before the High Court under Part IVA in relation to special care, the child is capable of forming his or her own views, the court, in so far as practicable shall—

• (a) determine the means by which to facilitate the expression by the child of his or her views in the proceedings, and

• (b) give due weight to such views as the child wishes to express, having regard to the age and maturity of the child.]

25. Power of court to join child as a party and costs of child as a party.

25.—(1) If in any proceedings under Part IV F242[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the child to whom the proceedings relate is not already a party, the court may, where it is satisfied having regard to the age, understanding and wishes of the child and the circumstances of the case that it is necessary in the interests of the child and in the interests of justice to do so, order that the child be joined as a party to, or shall have such of the rights of a party as may be specified by the court in, either the entirety of the proceedings or such issues in the proceedings as the court may direct. The making of any such order shall not require the intervention of a next friend in respect of the child.

• (2) Where the court makes an order under subsection (1) or a child is a party to the proceedings otherwise than by reason of such an order, the court may, if it thinks fit, appoint a solicitor to represent the child in the proceedings and give directions as to the performance of his duties (which may include, if necessary, directions in relation to the instruction of counsel).

• (3) The making of an order under subsection (1) or the fact that a child is a party to the proceedings otherwise than by reason of such an order shall not prejudice the power of the court under section 30(2) to refuse to accede to a request of a child made thereunder.

• (4) Where a solicitor is appointed under subsection (2), the costs and expenses incurred on behalf of a child exercising any rights of a party in any proceedings under this Act shall be paid by the F243[Child and Family Agency] F244[the F245[Agency]] may apply to the court to have the amount of any such costs or expenses measured or taxed.

• (5) The court which has made an order under subsection (2) may, on the application to it of F244[the F243[Child and Family Agency]], order any other party to the proceedings in question to pay to F244[the F245[Agency]] any costs or expenses payable by F244[the F245[Agency]] under subsection (4).

• F246[(6) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

26. Appointment of guardian ad litem for a child.

26.—F248[…]

27. Power to procure reports on children.

27.—(1) In any proceedings under Part IV F249[IVA (as amended by the Child Care (Amendment) Act 2011)] or VI the court may, of its own motion or on the application of any party to the proceedings, by an order under this section give such directions as it thinks proper to procure a report from such person as it may nominate on any question affecting the welfare of the child.

• (2) In deciding whether or not to request a report under subsection (1) the court shall have regard to the wishes of the parties before the court where ascertainable but shall not be bound by the said wishes.

• (3) A copy of any report prepared under subsection (1) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

• (4) Where any person prepares a report pursuant to a request under subsection (1), the fees and expenses of that person shall be paid by such party or parties to the proceedings as the court shall order.

• (5) The court, if it thinks fit, or any party to the proceedings, may call the person making the report as a witness.

• F250[(6) In subsection (3), a reference to a party includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.

• (7) In this section, where the proceedings are proceedings under Part IVA, “court” means the High Court.]

28. Jurisdiction.

28.—(1) The District Court and the Circuit Court on appeal from the District Court shall have jurisdiction to hear and determine proceedings under Part III, IV or VI F252[and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011).]

• (2) Proceedings under Part III, IV or VI F253[, and summary proceedings for an offence under section 23NP (inserted by the Child Care (Amendment) Act 2011),] may be brought, heard and determined before and by a justice of the District Court for the time being assigned to the district court district where the child resides or is for the time being.

• F254[(3) The High Court shall have jurisdiction to hear and determine—

• (a) proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), other than proceedings under section 23NP (inserted by the Child Care (Amendment) Act 2011),

• (b) any application or other matter under, and in accordance with, this Act (as amended by the Child Care (Amendment) Act 2011) that relates to a special care order, an interim special care order or the hearing and determination of proceedings for special care under Part IVA (as amended by the Child Care (Amendment) Act 2011),

• (c) without prejudice to the generality of paragraph (b), any application or other matter under, and in accordance with, Part V (as amended by the Child Care (Amendment) Act 2011) F255[or Part VA] that relates to proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011) for special care, and the hearing and determination of such proceedings other than proceedings under section 31(3) which relate to proceedings under Part IVA, and

• (d) without prejudice to the generality of paragraph (b), any proceedings relating to section 37 (as amended by the Child Care (Amendment) Act 2011) in so far as they concern a child who is the subject of a special care order or an interim special care order during the period for which the order concerned has effect.

• (4) The District Court, and the Circuit Court on appeal from the District Court, shall have jurisdiction to hear and determine an application for a care order or a supervision order notwithstanding that, at the time that application is made, a special care order or an interim special care order has effect in respect of the child concerned.]

29. Hearing of proceedings.

29.—(1) Proceedings under F258[Part III, IV, IVA or VI] shall be heard otherwise than in public.

• (2) The provisions of sections 33 (1), 33 (2) and 45 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to proceedings under F258[Part III, IV, IVA or VI] as they apply to proceedings to which those provisions relate.

• (3) The District Court and the Circuit Court on appeal from the District Court shall sit to hear and determine proceedings under Part III, IV or VI at a different place or at different times or on different days from those at or on which the ordinary sittings of the Court are held.

• (4) Proceedings before the High Court in relation to proceedings under Part III, IV or VI shall be as informal as is practicable and consistent with the administration of justice.

• F259[(5) Nothing contained in this section shall operate to prohibit—

• (a) the preparation of a report of proceedings under F260[Part III, IV, IVA or VI] by—

• (i) a barrister or a solicitor, F261[or]

• (ii) F262[…]

• (iii) a person falling within any other class of persons specified in regulations made under subsection (7) for the purposes of this subsection,

• (b) the publication of a report prepared in accordance with paragraph (a), or

• (c) the publication of the decision of any court in such proceedings,

in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing such a report—

• (i) attend the proceedings, and

• (ii) have access to any F263[relevant documents],

subject to any directions the court may give in that behalf.

• F264[(5A)
• (a) Subject to paragraph (b), nothing contained in this section shall operate to prohibit bona fide representatives of the Press from attending proceedings referred to in subsection (1).

• (b) Subject to paragraphs (c) and (d), where, in proceedings referred to in subsection (1), a court is satisfied that it is necessary to do so—

• (i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

• (ii) by reason of the nature or circumstances of the case, or

• (iii) as it is otherwise necessary in the interests of justice,

the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

• (I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

• (II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

• (c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

• (i) the best interests of a child to whom the proceedings relate;

• (ii) the views, if any, of—

• (I) a party to the proceedings, and

• (II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

• (iii) whether information given or likely to be given in evidence is sensitive personal information;

• (iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

• (v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

• (vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings; and

• (vii) whether information of the type referred to in subparagraphs (iii) and (vi) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

• (d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

• (e) Where evidence in proceedings referred to in subsection (1) concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

• (f) In this subsection—

“party to the proceedings” includes a witness in the proceedings;

“sensitive personal information” means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

• (i) information relating to the medical, psychiatric or psychological history of the person,

• (ii) information relating to the tax affairs of the person,

• (iii) information relating to the sexual conduct or sexual orientation of the person.]]

• F265[(5B)
• (a) Where the Minister is satisfied that the attendance by an officer of the Minister at proceedings referred to in subsection (1) will assist the Minister in—

• (i) the performance of his or her functions pursuant to Part VA and any regulations made thereunder, including the promotion of high professional standards and good practice by guardians ad litem in the performance of their functions under this Act, or

• (ii) the review of the operation of this Act, in particular in relation to the care and protection of children,

the Minister may grant an approval to the officer (in this subsection referred to as an “approved officer”) for the purposes of such attendance.

• (b) An approval under paragraph (a) shall specify—

• (i) the name of the approved officer to whom it is granted,

• (ii) the purpose for which it is granted,

• (iii) the period for which it is valid,

• (iv) the proceedings that the approved officer is permitted to attend,

• (v) the purposes for which information, obtained by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), may be processed, which shall include the preparation of a report under paragraph (c)(iii) and the assistance of the Minister for a purpose referred to in paragraph (a),

• (vi) without prejudice to any other requirement of the Data Protection Regulation or the Data Protection Act 2018, a requirement that personal data and special categories of personal data contained in information obtained, by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), shall be kept in such form that does not permit the identification of the parties to the proceedings or any child to whom the proceedings relate, and

• (vii) such other matters as the Minister considers appropriate.

• (c) Subject to any directions the court may give, nothing contained in this section shall operate to prohibit for the purposes specified in an approval—

• (i) the attendance of an approved officer at proceedings referred to in subsection (1),

• (ii) the access by such officer to any relevant documents of the proceedings referred to in subsection (1), and

• (iii) the preparation by such officer of a report of the proceedings to assist the Minister for a purpose referred to in paragraph (a), provided that the report does not contain any information which would enable the parties to the proceedings or any child to whom the proceedings relate to be identified.

• (d) In this subsection—

F266[…]

“proceedings” include proceedings commenced but not completed before the commencement of this subsection;

“special categories of personal data” has the same meaning as it has in the Data Protection Act 2018.]

• (6) F267[…]

• (7) The Minister may, after consultation with the Minister for Justice, Equality and Law Reform, make regulations specifying a class of persons for the purposes of subsection (5) if the Minister is satisfied that the publication of reports prepared in accordance with subsection (5)(a) by persons falling within that class is likely to provide information which will assist in the better operation of this Act, in particular in relation to the care and protection of children.

• (8) Nothing contained in this section shall be construed to prejudice the generality of—

• (a) any other provision of this Act (including this Act as amended by the Child Care (Amendment) Act 2007) or any thing which may be done under any such provision, or

• (b) section 267(2) of the Children Act 2001.

• (9) In subsection (5), “proceedings” include proceedings commenced but not completed before the commencement of that subsection.

• F268[(10) In subsections (5) and (5B), “relevant documents”, in relation to any proceedings referred to in those subsections, means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):

• (a) the originating document in the proceedings;

• (b) pleadings and other documents (including the terms of settlement, if any) produced to, or lodged with, the court or included in the book of pleadings;

• (c) reports prepared in the course of the proceedings or otherwise under this Act and produced to, or lodged with, the court including—

• (i) a report prepared by the Child and Family Agency, and

• (ii) a report furnished by a guardian ad litem under section 35E(2);

and

• (d) any order, decision or judgment of the court in the proceedings.]

30. Power to proceed in absence of child.

30.—(1) It shall not be necessary in proceedings under Part III, IV F270[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI for the child to whom the proceedings relate to be brought before the court or to be present for all or any part of the hearing unless the court, either of its own motion or at the request of any of the parties to the case, is satisfied that this is necessary for the proper disposal of the case.

• (2) Where the child requests to be present during the hearing or a particular part of the hearing of the proceedings the court shall grant the request unless it appears to the court that, having regard to the age of the child or the nature of the proceedings, it would not be in the child’s interests to accede to the request.

• F271[(3) In subsection (1) and (2), where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

31. Prohibition on publication or broadcast of certain matters.

31.—(1) No matter likely to lead members of the public to identify a child who is or has been the subject of proceedings under Part III, IV F273[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI F274[shall be published or broadcast.]

• (2) Without prejudice to subsection (1), the court may, in any case if satisfied that it is appropriate to do so in the interests of the child, by order dispense with the prohibitions of that subsection in relation to him to such extent as may be specified in the order.

• (3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

• (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

• (b) in the case of any other publication, the person who publishes it, and

• (c) in the case of a broadcast, F275[any person] who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

F276[shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.]

• F277[(3A)
• (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

• (4) Nothing in this section shall affect the law as to contempt of court.

• (5) F278[…]

• F279[(5A) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

32. Presumption and determination of age.

32.—F281[(1)] In any application for an order under Part III, IV or VI, the court F282[, or for a special care order or an interim special care order under Part IVA (as amended by the Child Care (Amendment) Act 2011), the High Court)] shall make due inquiry as to the age of the person to whom the application relates and the age presumed or declared by the court F283[, or as the case may be, the High Court,] to be the age of that person shall, until the contrary is proved, for the purposes of this Act, be deemed to be the true age of that person.

• F284[(2) Without prejudice to subsection (1), and subject to Chapter 3 of Part 3 of the International Protection Act 2026, an applicant within the meaning of that Act shall, following a notification under section 45 (1), (3) or (4) of that Act, be presumed to be a minor for the purposes of this Act.]

33. Rules of court.

33.—(1) For the purpose of ensuring the expeditious hearing of applications under Part III, F286[IV, VA] or VI, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act, 1964 (as amended by section 22 of the Courts Act, 1971) in circumstances to which the said section 7 relates.

• F287[(1A) For the purposes of ensuring the expeditious hearing of applications and proceedings under, and in relation to, Part IVA (as amended by the Child Care (Amendment) Act 2011), rules of court may make provision for the service of superior court documents otherwise than under section 23 of the Courts Act 1971.]

• (2) Rules of court may make provision for the furnishing of information and documents by parties to proceedings under Part III, IV F288[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI to each other or to solicitors acting for them.

• (3) This section is without prejudice to section 17 of the Interpretation Act, 1937, which provides for rules of court.

• F289[(4) In subsection (2), a reference to parties to proceedings includes a reference to a guardian ad litem, if any, appointed in accordance with Part VA in respect of the proceedings concerned.]

34. Failure or refusal to deliver up a child.

34.—(1) Without prejudice to the law as to contempt of court, where the District Court has made an order under Part III or IV directing that a child be placed or maintained in the care of F290[the F291[Child and Family Agency]], any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of F290[the F292[Agency]], to give up the child to F290[the F292[Agency]], fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.

• (2) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under Part III or IV if that person was present at the sitting of the court at which such an order was made.

35. Warrant to search for and deliver up a child.

35.—Where a justice has made an order under Part IV directing that a child be placed or maintained in the care of F294[the F295[Child and Family Agency]], a justice may for the purpose of executing that order issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) any house or other place specified in the warrant (including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) where the child is or where there are reasonable grounds for believing that he is and to deliver the child into the custody of F294[the F295[Child and Family Agency]].

F297[PART VA Guardians ad Litem]

35A. F298[Interpretation (Part VA)

35A.—(1) In this Part—

“appointed” means appointed under section 35C(1);

“authorisation” means an authorisation issued to a person under section 35L(1);

“child”, in relation to a guardian ad litem, means the child to whom the proceedings under Part IV, IVA, IVB or VI relate, and for whom the guardian ad litem is, or is to be, appointed;

“guardian ad litem“ means a person in respect of whom an authorisation is issued;

“relevant date” means the date on which section 7 of the Child Care (Amendment) Act 2022 comes into operation.

• (2) In this Part—

• (a) a reference to the District Court shall be construed as including a reference to the Circuit Court on appeal from the District Court, and

• (b) where the proceedings are proceedings under Part IVA, “court” means the High Court.]

35B. F300[Order directing appointment of guardian ad litem

35B.—(1) A guardian ad litem shall not be appointed for a child in proceedings under this Act unless an order directing such appointment has been made under this section.

• (2) In proceedings under Part IVA, the High Court shall by order direct that a guardian ad litem be appointed for a child.

• (3) In proceedings under Part IV, IVB or VI, the District Court shall by order direct that a guardian ad litem be appointed for a child, unless the court—

• (a) is satisfied, having regard to all of the circumstances that the court considers relevant to the child including the matters referred to in paragraphs (a) to (g) of section 24(2), that the best interests of the child can be determined without such appointment being made, and

• (b) in respect of a child who is capable of forming his or her own views, it has determined other means by which to facilitate the expression by the child of those views.

• (4) Where the District Court decides not to make an order under subsection (3), it shall give reasons for its decision in writing.

• (5) Where a court makes an order under subsection (2) or (3), the court shall give directions relating to—

• (a) the service on the Minister of such documents relating to the proceedings as he or she may require for the performance of his or her functions under section 35C,

• (b) the service on such guardian ad litem as may be appointed of documents relating to the proceedings, and

• (c) the notification of the making of the order and the appointment of a guardian ad litem under section 35C(1) to the parties to the proceedings.]

35C. F302[Appointment of guardian ad litem for child

35C.—(1) Where an order under section 35B(2), (3) or 35H(3)(b) is made, the Minister shall appoint a guardian ad litem for the child to whom the order relates.

• (2) The Minister shall notify the court that made the order under section 35B(2), (3) or 35H(3)(b), as the case may be, of an appointment under subsection (1) as soon as practicable after the making of such an appointment.

• F303[(3) The power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem for the child concerned in place of—

• (a) a person who stood appointed for the child and whose appointment in relation to that child ceased in accordance with section 35O(2),

• (b) a person who was deemed under section 35Q(1) to be appointed for the child and the order pursuant to which he or she was appointed ceased to have effect under paragraph (b)(ii) or (c)(ii) of section 35Q(2),

• (c) a guardian ad litem who stands appointed for the child and is unable to perform his or her functions in respect of that child due to the absence or incapacity of the guardian ad litem, or

• (d) a guardian ad litem who stands appointed for the child (in this paragraph referred to as the “relevant guardian ad litem”) where it appears to the Minister that there are good and sufficient grounds to so appoint for one or more of the following reasons:

• (i) a complaint that relates to the performance by the relevant guardian ad litem of his or her functions under this Act is the subject of an ongoing investigation;

• (ii) child safeguarding concerns arise in relation to the relevant guardian ad litem where there has been a report, under section 14 of the Children First Act 2015 or otherwise, of harm (within the meaning of that Act), or the risk of harm, being caused, or having been caused, to a child;

• (iii) the child has requested that a different guardian ad litem be appointed for him or her;

• (iv) the relevant guardian ad litem has requested that a different guardian ad litem be appointed for the child;

• (v) the relevant guardian ad litem, having regard, in particular, to his or her obligations under section 35E(5), agrees that a different guardian ad litem be appointed for the child.]

• (4) Where the Minister appoints a guardian ad litem for a child pursuant to an order undersection 35H(3)(b), the power to appoint a guardian ad litem under subsection (1) includes the power to appoint a guardian ad litem other than the guardian ad litem previously appointed for the child in the proceedings and to whom the order relates.]

35D. F304[Legal advice and legal representation

35D.—(1) In proceedings underPart IVA, where a guardian ad litem is appointed for a child pursuant to an order under section 35B(2) or 35H(3)(b), the Minister shall provide, or arrange for the provision, to the guardian ad litem of legal advice and legal representation for the purposes of the proceedings for which the guardian ad litem is appointed.

• (2) In proceedings under Part IV, IVB or VI, following the making of an order under section 35B(3) or 35H(3)(b), at the request of the guardian ad litem appointed for the child, the Minister, for the purposes of the proceedings for which the guardian ad litem is appointed—

• (a) shall provide, or arrange for the provision, to the guardian ad litem of legal advice, F305[…]

• F306[(b) shall provide, or arrange for the provision of, legal representation to the guardian ad litem—

• (i) where the court making the order under section 35B(3) or 35H(3)(b) expresses the view—

• (I) at the time that order is made, or

• (II) at any time after that order is made,

having regard to the nature of the case, that it is necessary and in the best interests of the child and in the interests of justice that such representation be provided,

• (ii) for the purposes of the guardian ad litem making an application under this Act in relation to the child, or

• (iii) where an order has been made under section 35E(11), and]

• F307[(c) may provide, or arrange for the provision of, such legal representation as the Minister considers appropriate to the guardian ad litem, having regard to all of the circumstances of the case, including the matters set out in subsection (3).]

• F306[(3) Without prejudice to the generality of paragraph (c) of subsection (2), the matters referred to in that paragraph to which the Minister shall have regard include:

• (a) the views of the guardian ad litem having regard, in particular, to his or her obligations under section 35E(5);

• (b) the nature of additional functions (if any) that the court, under section 35E(2)(d), has directed the guardian ad litem to perform;

• (c) the nature and complexity of the evidence that the guardian ad litem may be required to give in the case;

• (d) whether the court has made an order under section 25(2) appointing a solicitor to represent the child in the proceedings;

• (e) whether the proceedings relate to an application on consent or otherwise;

• (f) the nature and complexity of the proceedings.]

• F307[(4) Where under subsection (2)(b)(i) the court expresses the view that legal representation be provided to the guardian ad litem that view shall—

• (a) where clause (I) of that subsection applies, be recorded in the order under section 35B(3) or 35H(3)(b), as the case may be, and

• (b) where clause (II) of that subsection applies, be recorded in an appropriate form.]]

35E. F308[Functions of guardians ad litem appointed under section 35C

35E.—(1) The functions of a guardian ad litem appointed for a child shall be—

• (a) in so far as practicable and where the child is capable of forming his or her own views, to ascertain the views of the child in relation to any matter to which the proceedings relate, and

• (b) to make recommendations to the court regarding what is in the best interests of the child—

• (i) where the child has expressed views referred to in paragraph (a), after having considered those views, or

• (ii) where the child is not capable of forming or expressing his or her views or is unwilling to express his or her views.

• (2) Without prejudice to the generality of subsection (1), a guardian ad litem appointed for a child shall—

• (a) furnish to the court a report that—

• (i) conveys any views expressed by the child in relation to the matters to which the proceedings relate, and

• (ii) contains the recommendations of the guardian ad litem regarding what is in the best interests of the child and the reasons for those recommendations,

• (b) having regard to the age and maturity of the child, inform him or her of—

• (i) the recommendations referred to in paragraph (a)(ii),

• (ii) the outcome of the proceedings, and

• (iii) such other matters relevant to the proceedings as the guardian ad litem considers appropriate,

• (c) inform the court of any additional matters, relevant to the best interests of the child, coming to his or her knowledge as a result of the performance by the guardian ad litem of his or her functions, and

• (d) perform such additional functions as the court, having regard to subsection (3), may of its own motion direct either generally or for a specified purpose.

• (3) In determining for the purpose of subsection (2)(d) whether to direct the performance by a guardian ad litem of such additional functions as the court may specify, the court shall have regard to the nature of the case and whether such performance is necessary and in the best interests of the child.

• (4) Subject to this Part, a guardian ad litem appointed for a child shall be independent in the performance of his or her functions.

• (5) A guardian ad litem shall, in the performance of his or her functions under this Part, regard the best interests of the child as the paramount consideration.

• (6) In determining for the purposes of this section what is in the best interests of the child, a guardian ad litem appointed for the child shall have regard to all of the circumstances that he or she considers relevant to that child, including the matters referred to in paragraphs (a) to (g) of section 24(2).

• (7) Subject to subsection (9), a copy of a report furnished to the court under subsection (2)(a) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings, or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

• (8) The court or any party to the proceedings may call a guardian ad litem appointed for a child as a witness.

• (9) The court may, where it considers appropriate, order that such part of the report as is specified in the order shall be omitted from a copy made available under subsection (7).

• (10) A guardian ad litem appointed for a child is not a party to the proceedings.

• (11) Notwithstanding subsection (10), the court may, in any proceedings under this Act in which a guardian ad litem has been appointed for a child pursuant to an order under section 35B(2), (3) or 35H(3)(b), of its own motion or on the application of the guardian ad litem, where it is satisfied, having regard to the nature of the case, that it is necessary and in the best interests of the child and in the interests of justice to do so, order that the guardian ad litem shall have such of the rights of a party as may be specified by the court in the entirety of the proceedings or in respect of such issues in the proceedings as the court may direct.]

35F. F309[Powers of guardians ad litem appointed under section 35C

35F.—(1) A guardian ad litem appointed for a child may make an application to the court—

• (a) subject to subsection (4), to procure a report on any question affecting the welfare of the child where—

• (i) there is no report on the question concerned, or

• (ii) the information in a report on the question concerned is out of date,