Children Act 2001

PART 1 Preliminary

1. Short title and collective citation.

1.—(1) This Act may be cited as the Children Act, 2001.

(2) Part 2, section 267 and the Child Care Act, 1991, may be cited together as the Child Care Acts, 1991 and 2001.

2. Commencement.

2.—(1) This Act shall, subject to subsection (2), come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(2) (a) Parts 2 and 3 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, may be fixed generally in relation to either or both of these Parts or with reference to any particular purpose or provision thereof, and different days may be so fixed for different purposes and different such provisions.

F1[(aa)Part 5shall come into operation 3 months after the passing of the Criminal Justice Act 2006.]

(b) Section 77 shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint.

(c) F2[…]

(d) Part 10 shall come into operation on such day or days as, by order or orders made by the Minister F3[…], may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(e) Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint.

F4[(f) The amendments made to Part 11 in sections156and157of, and paragraph 30 ofSchedule 4to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint.]

3. Interpretation (general).

3.—(1) In this Act, unless the context otherwise requires—

“Act of 1907” means the Probation of Offenders Act, 1907;

“Act of 1951” means the Criminal Justice Act, 1951;

“Act of 1967” means the Criminal Procedure Act, 1967;

“Act of 1984” means the Criminal Justice Act, 1984;

“Act of 1991” means the Child Care Act, 1991;

“action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80(1) or 82(2)(a), as the case may be;

“adult” means any person of or over the age of 18 years;

F5[“anti-social behaviour”is to be construed in accordance withsection 257A(2);]

F6[…]

“child” means a person under the age of 18 years;

“children detention order” has the meaning assigned to it by section 142;

“children detention school” means—

(a) any certified reformatory school or industrial school that becomes a children detention school by virtue of F7[section 159,]

F7[(b) a place, school, premises or building designated as a children detention school pursuant tosection 160, or]

F8[(c) an amalgamated school within the meaning ofsection 163A(inserted bysection 14of the Children (Amendment) Act 2015);]

“Commissioner” means the Commissioner of the Garda Síochána;

“community sanction” has the meaning assigned to it by section 115;

“Court”, in Parts 7 and 8, means the Children Court;

“criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;

“detention” means detention in a children detention school F9[…];

“family conference” means a conference convened by a probation and welfare officer pursuant to section 79;

“family welfare conference” means a conference convened by F10[theF11[Child and Family Agency]] pursuant to section 7;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956;

“guardian” means—

(a) any legal guardian of a child,

(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or

(c) any person who has custody or care of a child by order of a court,

but does not include F10[theF11[Child and Family Agency]];

F9[…]

“juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part;

“legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964, or who is appointed to be his or her guardian by deed or will or by order of a court;

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act;

F7["Minister" when used without qualification means the Minister for Justice and Equality, other than in subsections (4), (6), (9) and (11) of section 88, section 88A, section 88B and Part 10 where it means the Minister for Children and Youth Affairs;]

“parents”, in relation to a child, means—

(a) in case one parent has the sole custody, charge or care of the child, that parent,

(b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and

(c) in any other case, both parents;

F7["prescribed" means prescribed by regulations made by the Minister or the Minister for Children and Youth Affairs, as appropriate;]

“principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;

“probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform;

“relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child;

“remand centre” means a centre designated as such under section 88;

F12[…]

“school” means a children detention school;

F13["secondary victimisation" has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;]

F14["special care order" has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991;]

“summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property F5[and, in relation to anti-social behaviour by a child, means a person who suffers physical or emotional harm as a consequence of that behaviour].

(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.

(3) For the purposes of this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

4. Laying of regulations before Houses of Oireachtas.

4.—Every regulation made by the Minister F15[…] or the Minister for Health and Children under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Repeals.

5.—(1) The enactments specified in Schedule 2 are repealed to the extent specified in column (3) of that Schedule; but the repeal shall not affect any notice or certificate given or any appointment or rules made under any of the repealed enactments and every such notice, certificate, appointment and rules shall have effect as if given or made under this Act.

(2) Every order, regulation and rule made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister F16[…] or the Minister for Health and Children may by regulations make for the purpose of bringing any such order, regulation or rule into conformity with this Act.

6. Expenses.

6.—Any expenses incurred by the Minister F17[…] or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Family Welfare Conferences

7. Convening of family welfare conference.

7.—(1) Where—

(a) F18[theF19[Child and Family Agency]] receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or

F21[(b) a family welfare conference is to be convened pursuant to section 23F (as amended by the Child Care (Amendment) Act 2011) of the Act of 1991,]

F18[theF19[Child and Family Agency]shall] appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

(2) The coordinator shall act as chairperson of a family welfare conference.

(3) F18[TheF19[Child and Family Agency]] may direct that a family welfare conference shall consider such matters in relation to the child as F18[theF19[Child and Family Agency]] considers appropriate.

8. Functions of conference.

8.—(1) F25[A family welfare conference]—

(a) F25[referred to insection 7(1)(b), shall consider whether] a child in respect of whom the conference is being convened F25[requires] special care F25[under Part IVA (as amended by the Child Care (Amendment) Act 2011)] of the Act of 1991,

(b) F25[referred to insection 7(1)(b), shall, if it is considered that the child requires special care], recommend to the F22[F23[Child and Family Agency]] that it should apply for F25[a special care order,]

(c) F25[referred to insection 7(1)(a)shall,] make such recommendations to the F22[F23[Child and Family Agency]] concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the F22[F23[Child and Family Agency]] should apply for F25[a care order, a supervision order, a special care order or other care] under the Act of 1991 F25[in respect of the child, and]

F26[(d) referred to insection 7(1)(b)shall, if it is considered that the child does not require special care, make such recommendations to theF23[Child and Family Agency]in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, care, other than special care, under the Act of 1991.]

(2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person’s agreement.

(3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2)), the matter shall be referred to the F24[F23[Child and Family Agency]] for determination.

9. Persons entitled to attend conference.

9.—(1) The following persons shall be entitled to attend a family welfare conference—

(a) the child in respect of whom the conference is being convened,

(b) the parents or guardian of the child,

(c) any guardian ad litem appointed for the child,

(d) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child’s parents or guardian,

F27[(e) an employee or employees of theF28[Child and Family Agency];]

(f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person’s knowledge of the child or the child’s family or because of his or her particular expertise.

(2) If, before or during a family welfare conference, the coordinator is of opinion that the presence or continued presence of any person is not in the best interests of the conference or the child, the coordinator may exclude that person from participation or further participation in the conference.

(3) The coordinator shall take all reasonable steps to ensure that notice of the time, date and place of a family welfare conference is given to every person who is entitled to attend.

(4) Failure to notify any person entitled to attend a family welfare conference, or failure of any such person to attend it, shall not invalidate its proceedings.

10. Procedure at conference.

10.—(1) Subject to the provisions of this Part or any regulations under section 15, a family welfare conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to any direction of the Children Court pursuant to section 77, a family welfare conference may be adjourned to a time and place to be determined by it.

(3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

F29[(4) The procedure referred to insubsection (1)shall—

(a) be consistent with fairness and natural justice, and

(b) include a procedure for consulting with the child and for ascertaining the wishes of the child in respect of whom the conference, referred to insubsection (1), has been convened.]

11. Administrative services.

11.—F30[TheF31[Child and Family Agency]] shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions.

12. Notification of recommendations of conference.

12.—The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference:

(a) the child in respect of whom the conference was convened,

(b) the parents or guardian of the child,

(c) any guardian ad litem appointed for the child,

(d) any other persons who attended the conference,

F32[(e) theF33[Child and Family Agency];]

(f) if the child was referred to the F32[F33[Child and Family Agency]] by another body, that body, and

(g) any other body or persons who should, in the coordinator’s opinion, be so notified.

13. Action by health board on recommendations.

13.—(1) On receipt of the recommendations of a family welfare conference, the F34[F35[Child and Family Agency]] may—

(a) F36[…]

(b) apply for a care order or a supervision order under that Act, or

(c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference.

(2) Where a family welfare conference has been convened following a direction of the Children Court under section 77, the F34[F35[Child and Family Agency]] shall communicate with that Court in accordance with subsection (2) of that section.

14. Privilege.

14.—(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference.

(2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference.

(3) Section 51 shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held.

15. Regulations.

15.—The Minister for Health and Children may make regulations prescribing any or all of the following matters:

(a) the arrangements for convening a family welfare conference and the appointment and role of the coordinator,

(b) subject to section 9, the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and

(c) the arrangements for notifying any other body or person of any recommendations of such a conference,

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.

15A. F37[Transitional provisions relating to Health Act 2004.

15A.—(1) In this section, a provisions reference to a provision of this Act is to that provision as it was before it was amended by the Health Act 2004.