CHILD CARE ACT, 1991

Type Act

Publication 1991-07-10

Last updated 2026-07-21

State Partially repealed

Text Latest available text

Source Irish Statute Book

articles 162

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

68 amending acts · 2026-07-21, revised-IE-1991-act-17@2026-07-21

Reform history JSON API

(b) for the provision of information to the guardian ad litem by any person, or

(2) The court may by order—

(a) on an application under subsection (1)(a), direct the Child and Family Agency to procure a report from such person as the court may nominate on any question affecting the welfare of the child,

(b) on an application under subsection (1)(b), direct such person as the court considers appropriate to provide specified information to the guardian ad litem appointed for the child, and

(3) In deciding whether or not to give a direction under subsection (2)(a), the court shall have regard to the wishes of the parties to the proceedings.

(4) A guardian ad litem appointed for a child shall consult the parties to the proceedings or the counsel or solicitor, if any, representing such parties before making an application under subsection (1)(a).

(5) Where a court gives a direction under subsection (2), a person to whom the direction is made shall, subject to subsection (9), comply with such direction.

(6) A copy of a report prepared pursuant to a direction under subsection (2)(a) shall be made available to the guardian ad litem appointed for the child, 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.

(7) The court may, where it considers appropriate, order that such part of a report prepared pursuant to a direction under subsection (2)(a) as is specified in the order shall be omitted from a copy made available under subsection (6).

(8) Where a person prepares a report pursuant to a direction under subsection (2)(a)—

(a) the fees and expenses of the person shall be paid by such party to the proceedings as the court shall order, and

(b) the court, the guardian ad litem or any party to the proceedings may call the person as a witness.

(9) Nothing in this section shall operate to require a person to provide a guardian ad litem appointed for a child with any information that the person would be entitled to refuse to provide on the grounds of legal professional privilege.]

35G. F310[Provision of information by Child and Family Agency

35G.—(1) A guardian ad litem appointed for a child may request the Child and Family Agency to provide to him or her any information relating to the welfare of the child necessary for the performance by the guardian ad litem of his or her functions under this Act.

(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018 —

(a) the Child and Family Agency shall comply with a request under subsection (1), and

(b) the guardian ad litem may apply to the court to determine any dispute between the guardian ad litem and the Agency in relation to the requirement of the Agency to provide information under this section.

(3) The Child and Family Agency, in complying with a request under subsection (1), is not required to furnish information that would be exempt from production in proceedings in a court on the grounds of legal professional privilege.]

35H. F311[Cessation of appointment and re-appointment of guardian ad litem

35H.—(1) Subject to subsections (3) and (4), an order under section 35B(2) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the High Court makes a special care order—

(i) on the expiration of the period specified in the special care order or such extended period (within the meaning of section 23J(9)), if any, for which the special care order has effect, or

(ii) upon the discharge of the special care order under section 23NE, whichever is the earlier;

(b) where the High Court makes an interim special care order—

(i) on the expiration of the period specified in the interim special care order or such extended period (within the meaning of section 23N(9)), if any, for which the interim special care order has effect, or

(ii) upon the discharge of the interim special care order under section 23NE, whichever is the earlier;

(c) upon a determination by the High Court not to make a special care order or an interim special care order, as the case may be, in respect of the child to whom the order relates;

(d) by direction of the High Court; or

(e) when the child to whom the order relates attains the age of 18 years.

(2) Subject to subsections (3) and (4), an order under section 35B(3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the District Court makes an interim care order under section 17, on the expiration of the period specified in the interim care order or any extension of such period under subsection (2) of that section;

(b) upon a determination by the District Court to refuse to make an interim care order under section 17;

(d) upon a determination by the District Court of an application under section 19(1) for a supervision order;

(e) upon a determination by the District Court of an application under—

(i) section 22(a), (b) or (c),

(ii) section 43A, or

(iii) section 43B(1);

(f) other than where the child to whom the order relates is in the care of the Child and Family Agency under section 17, upon a determination by the District Court of an application under—

(i) section 37(2) or (3), or

(ii) section 47;

(g) by direction of the District Court; or

(h) when the child to whom the order relates attains the age of 18 years.

(3) Where a court by order directs that proceedings in which an order has been made under section 35B(2) or (3) are to be kept under review, the court may—

(a) direct that the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect until such time as a hearing of a review is due to take place, and

(b) prior to the date of the review, by order direct that a guardian ad litem previously appointed for the child in the proceedings be re‑appointed for that child.

(4) Where a child in respect of whom a court has made an order under section 35B(2) or (3), as the case may be, becomes a party to the proceedings by order under section 25(1), or otherwise than by reason of such an order, the court shall determine when the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect having regard to the matters referred to in paragraphs (a) to (g) of section 24(2).

(5) In subsections (1) and (2), a reference to an order, a determination or a direction is a reference to such order, determination or direction in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(6) For the purposes of subsection (1)(a)(i), where the High Court, pursuant to an application to which subsection (2)(b) or (5)(b) of section 23NJ applies, makes a special care order (in this subsection referred to as the “subsequent care order”)—

(a) a reference in subsection (1)(a)(i) to the expiration of the period specified in a special care order shall be construed as including a reference to the expiration of the period specified in the subsequent care order, and

(b) a reference to the expiration of an extended period for which the special care order has effect shall be construed as including a reference to the expiration of an extended period for which the subsequent care order has effect.

(7) Where an interim special care order referred to in subsection (1)(b) is an order made in accordance with section 23L(3), a reference in that subsection to an interim special care order shall be construed as including a reference to such interim special care order that the High Court may make at a hearing referred to in section 23M(1)(a).]

35I. F313[Costs

35I.—(1) Any costs or expenses reasonably incurred by a guardian ad litem in the exercise of his or her functions under this Act shall be paid by the Minister and the Minister may apply to the court to have the amount of any such costs or expenses measured or taxed.

(2) The court may, on the application to it in that behalf by the Minister, order a party to proceedings in which a guardian ad litem is appointed to pay to the Minister any costs or expenses payable by the Minister under subsection (1).

(3) In this section, “costs or expenses” means costs or expenses in respect of work done on or after the relevant date.]

35J. F314[Regulations

35J.—(1) The Minister may, for the purpose of promoting high professional standards and good practice on the part of guardians ad litem, make regulations relating to the standard of performance by guardians ad litem of their functions under this Act, and, without prejudice to the generality of the foregoing, such regulations may:

(a) specify the standards to be applied to guardians ad litem in the performance by them of their functions under this Act;

(b) make provision for the training of guardians ad litem;

(d) make provision for the procedures that are to apply to monitor, measure and evaluate the performance by guardians ad litem of their functions under this Act;

(e) make provision for the establishment and administration of a system of investigation and adjudication of complaints against guardians ad litem;

(f) make provision for the procedures that are to apply in respect of the keeping of records by guardians ad litem;

(g) specify such fees and expenses to be paid to guardians ad litem as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine;

(h) make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of the provision, or arrangement for the provision of, legal advice to, and legal representation for, guardians ad litem;

(i) make provision for such other matters as the Minister considers necessary to ensure that guardians ad litem are capable of performing their functions under this Act.

(2) Regulations under this section may make different provision in relation to different classes of persons and different classes of proceedings, and contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

35K. F315[Provision of information by guardians ad litem to Minister

35K.—(1) The Minister may request a guardian ad litem to provide the Minister with such information relating to the performance of the functions of the guardian ad litem under this Act (including information relating to the proceedings in which he or she has been appointed for a child) as is necessary for the performance by the Minister of his or her functions under this Part.

(2) Notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, a guardian ad litem shall comply with a request under subsection (1).

(3) The Minister may use such information provided in response to a request under subsection (1) as he or she requires for the performance of his or her functions under this Part.]

35L. F316[Authorisation

35L.—(1) Subject to this section, the Minister may issue an authorisation in writing to such and so many persons as the Minister considers appropriate to perform the functions conferred on a guardian ad litem by or under this Act.

(2) A person will not be considered appropriate for the purposes of subsection (1) unless—

(a) the person is a member of a class prescribed under subsection (3)(a), and

(b) subject to subsection (3)(c), the person satisfies such requirements as may be specified under subsection (3)(b).

(3) The Minister may by regulations—

(a) prescribe a class or classes of persons who, in the opinion of the Minister, are suitable to be guardians ad litem,

(b) specify the requirements that a member of a class or classes prescribed under paragraph (a) shall satisfy in order to be considered appropriate for the purposes of subsection (1), and

(c) provide for exemptions from any requirement referred to in paragraph (b) for a specified class or classes of persons.

(4) When prescribing a class or classes of persons under subsection (3)(a), the Minister shall have regard to—

(a) the functions to be performed by guardians ad litem under this Act, and

(b) the qualifications, minimum level of professional experience, training and expertise of such class or classes of persons.

(5) When specifying requirements under subsection (3)(b) and providing for exemptions under subsection (3)(c) in respect of such requirements, the Minister shall have regard to—

(a) the functions to be performed by guardians ad litem under this Act, and

(b) the promotion of high professional standards and good practice on the part of guardians ad litem.

(6) Where the Minister is considering issuing an authorisation to a person, the Minister may request the person to provide the Minister with such information as the Minister may require in order to decide whether to issue the authorisation and the person shall comply with the request concerned.

(7) Where in the opinion of the Minister a person fails without good cause to comply with a request under subsection (6), the Minister may have regard to such failure when considering whether to issue an authorisation to the person.]

35M. F317[Notification of relevant matters

35M.— (1) A guardian ad litem shall notify the Minister in writing of any relevant matter in relation to him or her which would be likely to affect his or her authorisation, as soon as practicable and in any event not later than 14 days after that matter comes to the knowledge of the guardian ad litem.

(2) In this section, “relevant matter”, includes a criminal record within the meaning of section 2 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, other than a conviction to which section 14A of that Act applies.]

35N. F318[Revocation of authorisation

35N.— The Minister may revoke an authorisation issued in respect of a person if it appears to the Minister that—

(a) any requirement for the granting of the authorisation is no longer satisfied,

(b) the person has failed to comply with section 35M(1),

(d) the person has become incapable through ill-health or otherwise of performing the functions of a guardian ad litem under this Act, or

(e) there are other good and sufficient reasons to do so.]

35O. F319[Cessation of authorisation

35O.—(1) An authorisation issued in respect of a person shall cease to have effect—

(a) where it is revoked under section 35N,

(b) in the case of a person who is an officer of the Minister, where the person ceases to be an officer of the Minister,

(c) in the case of a person with whom the Minister has entered into a contract for services under section 35P, on the expiry of the period of the contract, or on the expiry of such further period as the Minister may direct in accordance with subsection (3), or

(d) at the request of the person.

(2) Where an authorisation ceases in accordance with subsection (1) and the person in respect of whom the authorisation was issued stands appointed for a child, the person concerned shall cease to be so appointed.

(3) Where the period of a contract referred to in subsection (1)(c) is due to expire before the conclusion of proceedings in which a person is appointed for a child, the Minister may direct that the authorisation issued in respect of the person shall continue for such period as the Minister considers necessary having regard to the proceedings concerned.]

35P. F320[Contracts for services

35P.—(1) This section applies to a person who the Minister is satisfied is appropriate to perform the functions conferred on a guardian ad litem by or under this Act.

(2) The Minister may enter into contracts for services with such and so many persons to whom the section applies as the Minister considers necessary for the performance by him or her of the functions under section 35C(1) or 35L(1).

(3) A contract for services entered into under subsection (2) shall contain such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(4) The Minister may issue an authorisation to a person with whom he or she has entered into a contract for services under subsection (2).]

35Q. F321[Transitional and saving provisions (Part VA)

35Q.—(1) Where immediately prior to the relevant date a person—

(a) stands appointed under section 26 as a guardian ad litem,

(b) is a person in respect of whom the Minister has received a vetting disclosure, and

then, on and from that date, the appointment shall be deemed to be an appointment under section 35C(1).

(2) Where an appointment is deemed under subsection (1) to be an appointment under section 35C(1), this Part shall apply to the person concerned subject to the following modifications and any other necessary modifications—

(a) an order made under section 26 prior to the relevant date—

(i) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IVA, shall be treated as if it was an order made under section 35B(2), and

(ii) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IV, IVB or VI, shall be treated as if it was an order made under section 35B(3),

(b) an order referred to in paragraph (a)(i) shall cease to have effect—

(i) in accordance with section 35H(1), or

(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,

whichever is the earlier,

(i) in accordance with section 35H(2), or

(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,

whichever is the earlier, and

(d) where prior to the relevant date the person had instructed a solicitor or counsel, or both, to represent him or her in proceedings under this Act, then on and from that date, the solicitor or counsel, or both, as the case may be, may continue to represent the person in such proceedings for such period as the order has effect, in accordance with paragraph (b) or (c), as the case may be.

(3) In this section, “vetting disclosure” has the same meaning as it has in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.]

PART VI Children in the Care of F322[Child and Family Agency]

36. Accommodation and maintenance of children in care.

36.—(1) Where a child is in the F323[care of the F324[Child and Family Agency]], F325[subject to subsection (4),] F323[the F326[Agency] 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 with a foster parent, or

(b) by placing him in residential care (whether in a children’s residential centre registered under Part VIII, in a residential home maintained F323[by the F326[Agency]] or in a school or other suitable place of residence), or

(c) in the case of a child 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 (which may include placing the child with a relative) F323[as the F326[Agency]] thinks proper.

(2) In this Act, “foster parent” means a person other than a relative of a child who is taking care of the child on behalf of F323[the F324[Child and Family Agency]] in accordance with regulations made under section 39 and “foster care“ shall be construed accordingly.

(3) Nothing in this section shall prevent F323[the F324[Child and Family Agency]] sending a child in its care to any hospital or to any institution which provides nursing or care for children suffering from physical or mental disability.

F325[(4) A placement referred to in subsection (1) shall not be made in respect of a child who is the subject of a special care order or an interim special care order during the period for which that order has effect.]

37. Access to children in care.

37.—(1) Where a child is in the care of F328[the F329[Child and Family Agency]] whether by virtue of an order under Part III or IV or otherwise, F328[the F330[Agency]] shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of F328[the F330[Agency]], has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.

F331[(1A) Where a child is in the care of the F329[Child and Family Agency] pursuant to a special care order or an interim special care order, the F329[Child and Family Agency] shall, subject to this Act, and to a direction, if any, given under section 23NA(2)(a) (inserted by the Child Care (Amendment) Act 2011), and in accordance with that special care order or interim special care order and that direction, if any, facilitate reasonable access to the child in the special care unit by his or her parents, a person acting in loco parentis, a guardian or any other person who, in the opinion of the F329[Child and Family Agency], has a bona fide interest in the child.]

F332[(2) Any person who is dissatisfied with arrangements made by the Child and Family Agency under subsection (1) or (1A) or by the Health Service Executive under those subsections before the establishment of that Agency may apply to the court, and the court may—

(a) make such order as it thinks proper regarding access to the child by that person, and

(b) vary or discharge that order on the application of any person.]

(3) The court, on the application of F328[the F329[Child and Family Agency]], and if it considers that it is necessary to do so in order to safeguard or promote the child’s welfare, may—

(a) make an order authorising F328[the F330[Agency]] to refuse to allow a named person access to a child in its care, and

(b) vary or discharge that order on the application of any person.

(4) This section is without prejudice to section 4 (2).

F333[(5) In this section, in proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), “court” means the High Court.]

38. Provision of residential care by F337[Child and Family Agency].

38.—F338[The F337[Child and Family Agency]] shall make arrangements with the registered proprietors of children’s residential centres or with other suitable persons to ensure the provision of an adequate number of residential places for children in its care.

(2) F338[The F337[Child and Family Agency]] may, with the approval of the Minister, provide and maintain a residential centre or other premises for the provision of residential care for children in care.

(3) The Minister shall make regulations with respect to the conduct of homes or other premises provided by F338[the F337[Child and Family Agency]] under this section and for securing the welfare of children maintained therein.

(4) Without prejudice to the generality of subsection (3), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by officers of the Minister.

39. Regulations as to foster care.

39.—(1) The Minister shall make regulations in relation to the placing of children in foster care by F341[the F342[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) fix the conditions under which children may be placed in foster care;

(b) prescribe the form of contract to be entered into by F341[the F342[Child and Family Agency]] with foster parents;

40. Regulations as to residential care.

40.—(1) The Minister shall make regulations in relation to the placing of children in residential care (whether in children’s residential centres or in other institutions) by F343[the F344[Child and Family Agency]] under section 36 and for securing generally the welfare of such children.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) fix the conditions under which children may be placed in residential care;

(b) prescribe the form of contract to be entered into by F343[the F344[Child and Family Agency]] with persons providing residential care;

41. Regulations as to placement with relatives.

41.—(1) The Minister shall make regulations in relation to the making of arrangements by F345[the F346[Child and Family Agency]] under section 36 (1) (d) for the care of children and for securing generally the welfare of such children.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) fix the conditions under which children may be placed by F345[the F346[Child and Family Agency]] with relatives;

(b) prescribe the form of contract to be entered into by F345[the F346[Child and Family Agency]] with relatives;

(c) provide for the supervision and visiting by F345[the F346[Child and Family Agency]] of children placed with relatives.

42. Review of cases of children in care.

42.—(1) The Minister shall make regulations requiring the case of each child in the care of F347[the F348[Child and Family Agency]] to be reviewed in accordance with the provisions of the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) as to the manner in which each case is to be reviewed,

(b) as to the frequency of reviews, and

(c) requiring the F348[Child and Family Agency] to consider whether it would be in the best interests of the child to be given into the custody of his parents.

43. Removal from placement.

43.—F350[(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.]

(2) Where a person refuses or neglects to comply with a request of F351[the F352[Child and Family Agency]] to deliver up a child in accordance with regulations made under subsection (1), F351[the F353[Agency]] may apply to the District Court for an order directing that person to deliver up the child to the custody of F351[the F353[Agency]] and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.

(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody of F351[the F352[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 F351[the F353[Agency]], to give up the child to F351[the F353[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.

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

(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between F351[the F352[Child and Family Agency]] and that person in respect of the child shall terminate immediately upon the removal.

(6) The provisions of this section are without prejudice to the power of F351[the F352[Child and Family Agency]] to apply for an order under Part III or IV.

43A. F356[Orders relating to children in care of same foster parent or relative for five years or more.

43A.— (1) This section applies to a child in the care of the F357[Child and Family Agency] whether in care under section 4 or under section 18 and whether the child has been placed under section 36(1)(a) with a foster parent or under section 36(1)(d) with a relative.

(2) On the application of a foster parent or relative with whom the child has been placed, the court may grant an order under this section, but only if it is satisfied that—

(a) the foster parent or relative has been taking care of the child for a period of not less than five years beginning on the date of placement in accordance with this Act and ending on the date of application,

(b) the granting of the order is in the child’s best interests,

(d) the F357[Child and Family Agency] has, on behalf of the foster parent or relative—

(i) if the child is in its care under section 4, obtained the consent to the granting of the order of a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, or

(ii) if the child is in its care under section 18, given notice of the application to a parent having custody of the child at the relevant time or of a person (other than the foster parent or relative) acting in loco parentis to the child, and

(e) the child’s wishes have, in so far as is practicable, been given due consideration having regard to the age and understanding of the child.

(3) In determining whether a foster parent or relative has been taking care of a child for the period required by subsection (2)(a), any interruption of the placement during that period shall be disregarded unless the total number of days of interruption, whether consecutive or not, exceeds 30.

(4) The requirement of subsection (2)(d) as to the consent or notification of a parent or other person does not apply if—

(a) the court is satisfied that he or she is missing and cannot be found by the F357[Child and Family Agency], or

(b) the court, having regard to the child’s welfare, so directs.

(5) Subject to any conditions or restrictions imposed under subsection (6), an order under this section shall authorise the foster parent or relative to whom it is granted—

(a) to have, on behalf of the F357[Child and Family Agency], the like control over the child as if the foster parent or relative were the child’s parent, and

(b) to do, on behalf of the F357[Child and Family Agency], what is reasonable (subject to the provisions of this Act and of the regulations for the time being in force under this Act) in all the circumstances of the case for the purpose of safeguarding and promoting the child’s health, development or welfare and, in particular, give consent to—

(i) any necessary medical or psychiatric examination, treatment or assessment with respect to the child, and

(ii) the issue of a passport to, or the provision of passport facilities for, the child to enable the child to travel abroad for a limited period.

(6) In granting the order, the court may impose any conditions or restrictions it thinks fit as to the extent of the authority of the foster parent or relative to whom the order is granted.

(7) Any consent given by a foster parent or relative of the child in accordance with an order under this section shall be sufficient authority for the carrying out of a medical or psychiatric examination or assessment, the provision of medical or psychiatric treatment, the issue of a passport or the provision of passport facilities, as the case may be.

(8) In the absence of a consent referred to in subsection (5) being given by the foster parent or relative to whom an order under this section was granted, the F357[Child and Family Agency] has authority to give consent in accordance with section 18(3) in relation to the child.

(9) Nothing in this section or section 18 shall be construed as making ineffective any consent that, by virtue of section 23 of the Non-Fatal Offences Against the Person Act 1997, would otherwise be an effective consent.

(10) Any arrangement that is in place or order that is in force under section 37 with respect to access to the child immediately before an order under this section is granted continues in place or in force, unless when granting the order—

(a) in the case of an arrangement under subsection (1) of section 37, the court makes an order under subsection (2) of that section, or

(b) in the case of an order under subsection (2) or (3) of section 37, the court varies or discharges that order.

(11) Subsection (10) is without prejudice to the jurisdiction of the court to make, at any time, an order under section 37 with respect to access to the child or to vary or discharge such an order, including an order continued or varied pursuant to that subsection.

(12) This section and section 43B are without prejudice to any other provisions of this Act, or any provisions of the regulations for the time being in force under this Act, that in the interests of a child in care assign functions to the F357[Child and Family Agency].

(13) For the purpose of this section and section 43B, “relevant time” means—

(a) in relation to a child in care under section 4, immediately before the child was taken into care under that section, and

(b) in relation to a child in care under section 18, immediately before a care order was made in relation to the child.]

43B. F358[Variation, discharge or cessation of order under section 43A.

43B.— (1) The court may vary or discharge an order under section 43A or any condition or restriction attaching to that order on the application of any of the following persons:

(a) the F359[Child and Family Agency];

(b) a foster parent or relative to whom the order was granted;

(d) a person (other than the foster parent or relative to whom the order was granted) acting in loco parentis to the child concerned;

(e) a person who, in the opinion of the court, has a bona fide interest in the child concerned.

(2) An order under section 43A ceases to have effect—

(a) if the child concerned is in care under section 4, when care of the child is resumed by the parent or other person whose wishes the F359[Child and Family Agency] is required under that section to have regard to,

(b) if the child concerned is the subject of a care order, when the care order is discharged under section 22 or ceases to have effect under section 44(2),

(c) if the child concerned is, in accordance with section 43 and regulations made by the Minister, removed from the custody of the foster parent or relative to whom the order under section 43A was granted, immediately on the child’s removal,

(d) if the foster parent or relative to whom the order under section 43A was granted requests the F359[Child and Family Agency] to remove the child concerned from his or her custody, when the child is removed in accordance with the request, or

(e) when the child concerned attains the age of 18 years or marries,

whichever is the sooner.]

44. Children who become adopted.

44.—F360[(1) Where a child is adopted under the Adoption Act 2010 and the child, immediately before the adoption, was being maintained in foster care by the F361[Child and Family Agency] with the adopter or adopters, the F361[Child and Family Agency], subject to—

(a) any general directions that may be given by the Minister, and

(b) any conditions that may be imposed by the F361[Child and Family Agency],

may contribute to the child’s maintenance as if the child continued to be in foster care.

(2) Where a child is adopted under the Adoption Act 2010, any care order in force in respect of the child ceases to have effect.]

45. F362[Aftercare plan

45.—(1) Subject to section 45A and subsection (3), the Child and Family Agency shall, in accordance with sections 45B or 45C, prepare an aftercare plan for an eligible child or an eligible adult, as the case may be, setting out the assistance that may be provided by the Agency to the eligible child on or after he or she attains the age of 18 years or to the eligible adult.

(2) The Child and Family Agency shall, in accordance with section 45D, update an aftercare plan referred to in subsection (1).

(3) The assistance that may be provided by the Child and Family Agency to an eligible child or an eligible adult, as the case may be, in accordance with an aftercare plan referred to in subsection (1) or an updated aftercare plan referred to in subsection (2) may be provided for so long as—

(a) the Agency is satisfied as to his or her need for the assistance, and

(b) subject to subsection (4), he or she has not attained the age of 21 years.

(4) Where the Child and Family Agency is providing assistance to a person in accordance with an aftercare plan or an updated aftercare plan by arranging for the completion of his or her education and by contributing to his or her maintenance while he or she is completing his or her education, and that person attains the age of 21 years, the Child and Family Agency may continue to provide that assistance until—

(a) the completion of the course of education in which he or she is engaged, or

(b) the end of the academic year during which the person attains the age of 23,

whichever is the earlier.

(5) The Child and Family Agency may, subject to its available resources, implement an aftercare plan or an updated aftercare plan.]

45A. F363[Assessment of need

45A.—(1) The Child and Family Agency shall, prior to preparing an aftercare plan under section 45B or 45C, carry out an assessment (in this Act referred to as an “assessment of need”) of the needs of an eligible child on attaining the age of 18 years or an eligible adult, as the case may be.

(2) The Child and Family Agency shall record the needs identified by an assessment of need in writing.

(3) Without prejudice to the generality of subsection (1), an assessment of need shall include an assessment by the Child and Family Agency of the needs (if any) of the person being assessed in relation to—

(a) education,

(b) financing and budgeting matters,

(d) health and well-being,

(e) personal and social development,

(f) accommodation, and

(g) family support.]

45B. F364[Aftercare plan - eligible child

45B.—(1) The Child and Family Agency shall, where any need is identified in an assessment of need carried out in respect of an eligible child in the care of the Agency, prepare an aftercare plan for that child.

(2) An eligible child who is no longer in the care of the Child and Family Agency, or his or her parent, guardian or a person acting in loco parentis to him or her, may request the Agency to prepare an aftercare plan for that eligible child.

(3) Upon receipt of a request under subsection (2), the Child and Family Agency shall, where any need is identified in an assessment of need carried out in respect of the eligible child to whom the request relates, prepare an aftercare plan for that child.

(4) An aftercare plan prepared under subsection (1) or (3) shall set out the assistance that the Child and Family Agency may provide to the eligible child on or after that child attaining the age of 18 years to meet his or her needs as identified in the assessment of need, being assistance which may be provided to that person—

(a) directly by the Agency, or

(b) in accessing a service which is provided by—

(i) a public body or a person on behalf of the public body, where he or she may be eligible for the service, or

(ii) any other person, not being a public body, referred to in subsection (7)(b).

(5) The Child and Family Agency shall prepare an aftercare plan under subsection (1) —

(a) at least 6 months before he or she attains the age of 18 years, or

(b) within 3 months of that child having become an eligible child,

whichever is the later.

(6) Where the Child and Family Agency is required, in accordance with subsection (3), to prepare an aftercare plan following receipt of a request under subsection (2), the Agency shall prepare that plan—

(a) at least 6 months before the eligible child referred to in subsection (2) attains the age of 18 years, or

(b) within 3 months of receipt of that request,

whichever is the later.

(7) The Child and Family Agency, in preparing an aftercare plan for an eligible child under subsection (1) or (3) —

(a) shall consult with a public body which provides, or any person who provides on behalf of the public body, a service for which the child may be eligible, and

(b) may consult with any person, not being a public body, which provides or arranges to provide a service.

(8) Notwithstanding section 9 of the Child and Family Agency Act 2013, where the Child and Family Agency, in preparing an aftercare plan under subsection (1) or (3) has been unable, after reasonable efforts have been made, to ascertain the views of the eligible child to whom the plan relates, the Agency shall prepare an aftercare plan for that eligible child.

(9) The Child and Family Agency, in preparing an aftercare plan under subsection (1) or (3) for an eligible child—

(a) shall take all reasonable steps to consult with each parent and guardian of, and person acting in loco parentis to, that child, and

(b) may consult with any other person who the Child and Family Agency considers has a close personal or professional relationship with that child,

unless the Agency considers that in all the circumstances it is not in the best interests of that child to consult with any of those persons.

(10) The Child and Family Agency shall, in preparing an aftercare plan for an eligible child under subsection (1) or (3), have due regard to the resources available to the Agency to implement that plan.

(11) In this section—

“guardian”, in relation to an eligible child, means a person who—

(a) is a guardian of the child pursuant to the Guardianship of Infants Act 1964 and who—

(i) is a parent of the child and has custody of that child, or

(ii) not being a parent of the child, has custody of that child to the exclusion of any living parent of that child, or

(b) is appointed to be a guardian of the child by—

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

“public body” has the same meaning as it has in section 2 of the Child and Family Agency Act 2013;

“service” means a service or support, available to or accessible by the public generally or a section of the public, where the service or support would assist in meeting any need of a person identified in the assessment of need carried out in respect of that person.]

45C. F365[Aftercare plan - eligible adult

45C.—(1) An eligible adult or a person authorised in writing to make a request on behalf of an eligible adult may request the Child and Family Agency to prepare an aftercare plan for the eligible adult where the Agency has not previously prepared a plan for that eligible adult.

(2) Upon receipt of a request under subsection (1), the Child and Family Agency shall, where any need is identified in an assessment of need carried out in respect of the eligible adult, prepare an aftercare plan setting out the assistance that the Agency may provide to the eligible adult to meet the needs as identified in the assessment, being assistance which may be provided to that eligible adult—

(a) directly by the Agency, or

(b) in accessing a service which is provided by—

(i) a public body or a person on behalf of the public body, where that eligible adult may be eligible for the service, or

(ii) any other person, not being a public body, referred to in subsection (4)(b).

(3) The Child and Family Agency shall prepare an aftercare plan under subsection (2) within 3 months of receipt of a request made under subsection (1).

(4) The Child and Family Agency in preparing an aftercare plan under subsection (2)—

(a) shall consult with a public body which provides, or any person who provides on behalf of the public body, a service for which the eligible adult may be eligible, and

(b) may consult with any person, not being a public body, which provides, or arranges to provide, a service.

(5) The Child and Family Agency may, with the consent of the eligible adult, consult with any person who the Agency considers may be of assistance to the Agency in preparing the aftercare plan.

(6) The Child and Family Agency shall, in preparing an aftercare plan under subsection (2), have due regard to the resources available to the Agency to implement that plan.

(7) Where on the coming into operation of this section the Child and Family Agency is providing assistance to a person in accordance with section 45 (prior to the amendment of that section by section 5 of the Child Care (Amendment) Act 2015)—

(a) the Agency shall continue to provide such assistance in accordance with that section as if it had not been so amended, and

(b) if that person is an eligible adult he or she may make a request under subsection (1).

(8) In this section, “public body” and “service” have the same meaning as they have in section 45B.]

45D. F366[Review and update of aftercare plan

45D.—(1) A person in respect of whom an aftercare plan is in operation, or a person who is authorised in writing to make a request on his or her behalf, may request the Child and Family Agency to review the operation of the plan where—

(a) there has been a significant change in the circumstances of the person to whom the plan relates since the preparation of, or last review of, that plan,

(b) the assistance being provided under that plan is not meeting a need of the person as identified in the assessment of need, or

(i) to that set out in that plan to meet the needs identified in the assessment of need, or

(ii) to meet any additional need which has arisen since that assessment of need was carried out.

(2) Where the person referred to in subsection (1) satisfies the Child and Family Agency that paragraph (a), (b) or (c) of subsection (1) applies in respect of a request under that subsection, the Agency shall carry out a review of the operation of the aftercare plan within 3 months of receipt of a request made under that subsection.

(3) In carrying out a review under subsection (2), the Child and Family Agency shall consult with any public body which provides, or any person who provides on behalf of the public body, a service—

(a) referred to in the aftercare plan and identified by the Agency as being relevant to the review, or

(b) which is part of the additional assistance referred to in subsection (1)(c) and is additional to any service identified in the aftercare plan.

(4) In carrying out a review under subsection (2), the Child and Family Agency may consult with any person, not being a public body which provides a service—

(a) referred to in the aftercare plan and identified by the Agency as being relevant to the review, or

(b) which is part of the additional assistance referred to in subsection (1)(c) and is additional to any service identified in the aftercare plan.

(5) The Child and Family Agency shall, in reviewing an aftercare plan under subsection (2), take all reasonable steps to consult, with the consent of the person to whom the plan relates, with any person who the Agency considers may be of assistance to the Agency in reviewing that plan.

(6) The Child and Family Agency may update an aftercare plan following a review under subsection (2).

(7) The Child and Family Agency shall, in updating an aftercare plan under subsection (6), have due regard to the resources available to the Agency to implement any updated plan.

(8) In this section—

“public body” has the same meaning as it has in section 45B;

“service” has the same meaning as it has in section 45B save that for the purposes of this section the reference to “any need of a person identified in the assessment of need carried out in respect of that person” shall be taken to include any additional need of that person identified in a request under subsection (1)(c)(ii).]

46. Recovery of children removed from care etc.

46.—(1) The provisions of this section shall apply to any child who is in the care of F367[the F368[Child and Family Agency]] F369[, other than special care under Part IVA,] and who is, without lawful authority, removed from the custody of F367[the F370[Agency]] or from the custody of any person who is taking care of him on behalf of F367[the F370[Agency]] or prevented from returning to such custody at the end of any period of leave.

(2) The F367[the F370[Agency]] may request the Garda Síochána to search for the child and to deliver him up to the custody of the F370[Agency] and the Garda Síochána may take all reasonable measures to comply with such a request.

F371[(2A) A request made by the Health Service Executive to the Garda Síochána under subsection (2) before the establishment of the Child and Family Agency shall be deemed to have been made by the Child and Family Agency if the child in respect of whom the request was made is not delivered up to the Health Service Executive before the establishment day of the Agency.]

(3) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child named in the application, make an order directing that person to deliver up the child to the custody of the F367[the F368[Child and Family Agency]].

(4) Without prejudice to the law as to contempt of court where the District Court has made an order under subsection (3) directing that a child be delivered up to the care of F367[the F368[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 F367[the F370[Agency]], to give up the child to F367[the F370[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.

(5) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (3) if that person was present at the sitting of the court at which such an order was made.

(6) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that the child named in the application is in 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) specified in the information, 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 the house or other place for the child; and if the child is found he shall be returned to the custody of F367[the F368[Child and Family Agency]].

(7) An application for an order under subsection (3) may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte.

(8) An application for an order under subsection (3) or for a warrant under subsection (6) may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court.

(9) Without prejudice to section 28—

(a) an order under subsection (3) may be made by a justice of the District Court for the time being assigned to the district court district where the person specified in the information resides or is for the time being, and

(b) a warrant under subsection (6) may be issued by a justice for the time being assigned to the district where the house or other place specified in the information is situated,

and, in either case, where such justice is not immediately available the order may be made, or the warrant issued, by any justice of the District Court.

47. Application for directions.

47.—Where a child is in the care of F374[the F375[Child and Family Agency]] F376[, other than special care under Part IVA,], the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order.

48. Transitional provisions.

48.—(1) On the commencement of Part IV any child who is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908 shall be deemed to be the subject of a care order committing him to the care of that health board and the provisions of Part IV shall apply with the necessary modifications.

(2) Where, on the commencement of Part IV, a child is in the care of a health board pursuant to an order made under section 21 or 24 of the Children Act, 1908 in respect of the commission of an offence against him and the person charged with the commission of the offence is acquitted of the charge or the charge is dismissed for want of prosecution, any care order to which the child is deemed to be subject under subsection (1) shall forthwith be void, but without prejudice to anything that may have been lawfully done under it.

(3) Nothing in this Act shall affect an order made under Part II or IV of the Children Act, 1908 committing a child to the care of a relative or fit person other than a health board.

(4) On the commencement of Part III, any child who is being detained in a place of safety under any provision of the Children Act, 1908 shall be deemed to have been received into that place pursuant to an emergency care order on the date of such commencement.

(5) Where, on the commencement of Part II, a child is in the care of a health board otherwise than by virtue of a court order, he shall be deemed to have been taken into care under section 4 on the date of such commencement.

(6) Where, on the commencement of Part VI, a child is boarded-out by a health board, he shall be deemed to have been placed by the health board in foster care under an arrangement made under section 36.

(7) Where, on the commencement of Part VI, a health board is contributing towards the maintenance of a child in accordance with section 55 (9) (c) of the Health Act, 1953, the board may, subject to such conditions as it sees fit, continue to contribute to the maintenance of the child as if he were in foster care.

(8) Where, on the commencement of Part VI, a child is being maintained by a health board in a home or school approved by the Minister for the purposes of section 55 of the Health Act, 1953, he shall be deemed to have been placed in residential care by the health board under an arrangement made under section 36.

(9) Nothing in section 67 shall affect the operation of an order committing a child to a certified industrial school to which that section applies.

PART VII Supervision of Pre-School Services

49. Definitions for Part VII.

49.—F378[…]

50. Regulations as to pre-school services.

50.—F379[…]

51. F380[Notice to Health Service Executive.

51.—F381[…]]

52. Duty of person carrying on pre-school service.

52.—F382[…]

53. Supervision of pre-school services.

53.—F383[…]

54. Authorised persons.

54.—F384[…]

55. Inspection by authorised persons.

55.—F385[…]

56. Provision by health boards of pre-school services and information.

56.—F386[…]

57. Offences under Part VII.

57.—F387[…]

58. Exemptions from provisions of this Part.

58.—F388[…]

F389[PART VIIA Supervision of Early Years Services]

58A. F390[Definitions for this part

58A.—In this Part—

“Agency” has the same meaning as it has in the Child and Family Agency Act 2013;

“arts” has the same meaning as it has in the Arts Act 2003;

“authorised person” means a person appointed under section 58I to be an authorised person for the purposes of this Part;

F391[“childminding service” means a service that—

(a) entails an individual taking care, by himself or herself, of children under the age of 15 years, in the home of the individual, and

(b) is provided to children (other than that individual’s own children) for a total period of not less than 2 hours per day;]

F392[“closure order” has the meaning assigned to it by section 58JD(1);]

“competitive sport” has the same meaning as it has in the Irish Sports Council Act 1999;

“early years service” means a service providing—

(a) a pre-school service, F393[…]

(b) a school age F394[service, or]

F395[(c) a childminding service;]

F392[“immediate action notice” has the meaning assigned to it by section 58JB(1);]

F392[“immediate action order” has the meaning assigned to it by section 58JB(6);]

F392[“improvement notice” has the meaning assigned to it by section 58JA(1);]

F392[“improvement order” has the meaning assigned to it by section 58JA(6);]

F391[“premises” means any premises, or part thereof, where an early years service is provided or is proposed to be provided, including the area immediately surrounding, or adjacent to, such premises which is used in conjunction with such premises, other than any part of that area that is a public place;]

“pre-school child” means a child who has not attained the age of six years, and who is not attending a recognised school;

“pre-school service” means any pre-school, play group, day nursery, crèche, day-care or other similar service which caters for pre-school children;

“recognised school” has the same meaning as it has in the Education Act 1998;

“recreational sport” has the same meaning as it has in the Irish Sports Council Act 1999;

“register” means the register established and maintained in accordance with section 58C;

F391[“registered provider” has the meaning assigned to it by section 58C(2);]

F392[“relevant person” has the meaning assigned to it by section 58JD(1)(b);]

F396[“school” has the same meaning as it has in the Education Act 1998;]

“school age child” means a child who is attending a school age service;

F397[“school age service” means any early years service, play group, day nursery, crèche, day-care or other similar service which—

(a) caters for children under the age of 15 years enrolled in a school providing primary or post-primary education,

(b) provides a range of activities that are developmental, educational and recreational in manner, which take place outside of school hours, the primary purpose of which is to care for children where their parents are unavailable, and

(c) the basis for access to which is made publicly known to the parents and guardians of the children referred to in paragraph (a) of this definition,

but excludes those services—

(i) solely providing activities relating to—

(I) the Arts,

(II) youth work,

(III) competitive or recreational sport,

(IV) tuition, or

(V) religious teaching,

(ii) for whom statutory provision for inspection exists, prior to the commencement of this section;]

F392[“temporary prohibition order” has the meaning assigned to it by section 58JC(1);]

“youth work” has the same meaning as it has in the Youth Work Act 2001.]

58B. F398[Regulations

58B.—(1) The Minister shall, after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government, make regulations for the purpose of securing the health, safety and welfare and promoting the development of children attending early years services.

(2) Without prejudice to the generality of subsection (1), regulations may—

(a) prescribe any matter or thing referred to in this Part as prescribed or to be prescribed,

(b) prescribe requirements as to the heating, lighting, ventilation, cleanliness, repair and maintenance of premises in which early years services are carried on and as to the equipment and facilities to be provided,

(d) prescribe the fees to be paid to the Agency by persons carrying on prescribed early years services towards the cost of inspections under this Part,

(e) prescribe the minimum level of qualifications for any class or classes of persons working in an F399[early years service,]

(f) prescribe any additional particulars and details required in relation to the F399[register,]

F400[(g) prescribe a class or classes of persons who, in the opinion of the Minister, are fit and proper persons—

(i) to be registered providers and to carry on a prescribed early years service,

(ii) to be in charge of a prescribed early years service, or

(iii) to participate in the management of an early years service,

(h) specify the requirements that a member of a class or classes prescribed under subparagraph (i), (ii) or (iii) of paragraph (g) shall satisfy in order to be considered fit and proper persons for the purposes of the subparagraph concerned,]

F401[(i) require persons carrying on prescribed early years services to make adequate arrangements, including publication of such arrangements, to make publicly known to the parents and guardians of children attending the service and the persons working in the service any of the following matters—

(i) a decision under section 58D to remove the name of the registered provider from the register,

(ii) a decision under section 58D to attach a condition, or amend or revoke a condition attached, to the registration of the registered provider,

(iii) a decision to issue an improvement notice in respect of the prescribed early years service provided by the registered provider,

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