CHILDREN ACT, 2001

180.—(1) A board of management shall, from time to time as occasion requires, appoint a person to be responsible for the immediate control and supervision of a children detention school, or more than one such school under its management, and each person so appointed shall be known as the Director of the school or schools concerned.

• (2) The appointment of a Director shall be on such terms and conditions as may be determined by the board of management concerned with the consent of the Minister and the Minister for Finance.

• (3) A board of management shall, within 10 days after appointing a Director, notify the Minister of the Director’s name.

• (4) A Director shall not be a member of the board that appointed him or her.

• (5) A Director shall perform such functions as may be assigned to him or her by the board of management concerned.

• (6) Such functions of a Director as may be specified by him or her from time to time may, with the consent of the board, be performed by such member of the staff of the children detention school concerned as may be authorised in that behalf by the Director.

• (7) The functions of a Director may be performed, during his or her absence or when the post of Director is vacant, by such member of the staff of the children detention school concerned as may from time to time be designated for that purpose by its board of management.

• (8) Where a child is detained in a children detention school, the Director of the school shall—

• (a) have the like control over the child as if he or she were the child’s parent or guardian, and

• (b) do what is reasonable (subject to the provisions of this Part) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s education, health, development or welfare.

181. Staff of children detention schools.

181.—(1) A board of management shall appoint such and so many persons to be members of the staff of the children detention school or schools under its management as the board, with the consent of the Minister and the Minister for Finance, from time to time thinks proper.

• (2) A member of the staff of a children detention school shall be employed on such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the board of management of the school, with the consent of the Minister and the Minister for Finance, may from time to time determine.

• (3)
• (a) The class or classes of staff of a children detention school, and the number of staff in each class, and

• (b) the grades in each such class, and the number of staff in each such grade,

shall be determined by the board of management of the school with the consent of the Minister and the Minister for Finance.

182. Transfer of staff.

182.—Every person who, immediately before the commencement of section 159, was a Director or member of the staff of a certified reformatory school or industrial school which becomes a children detention school on such commencement shall thereupon become and be a member of the staff of that school.

183. Terms and conditions of transferred staff.

183.—(1) A person who is transferred under the provisions of this Act to a board of management shall not, while in the service of the board, save in accordance with a collective agreement negotiated with any recognised trade union or staff association, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which that person was entitled and the terms and conditions of service to which he or she was subject immediately before the day on which he or she was so transferred.

• (2) Until such time as the scale of pay and the terms and conditions of service of a person transferred under the provisions of this Act to a board of management are varied by the board, with the agreement of the Minister and the Minister for Finance, following consultation with any recognised trade unions or staff associations concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before his or her transfer shall continue to apply to him or her and may be applied or imposed by the board while he or she is a member of its staff, and no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to such person immediately before the day on which he or she was so transferred, save in accordance with a collective agreement negotiated with any recognised trade union or staff association.

• (3) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the board of management concerned for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of employees.

184. F170[ Superannuation

184. (1) Subject to subsection (2), as soon as may be after its appointment, a board of management shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such of the staff (including the Director) of the children detention school or schools under its management as it thinks fit.

• (2) A scheme prepared and submitted under this section shall not provide for the granting of superannuation benefits to or in respect of any person referred to in subsection (1) where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.

• (3) Every scheme prepared and submitted under this section shall fix the time and conditions of retirement for all persons to whom, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (4) A board of management may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

• (5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the board of management in accordance with its terms.

• (6)
• (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person as may be specified in the scheme and shall be determined in such manner as may be specified in that scheme.

• (b) A scheme under this section shall make provision for an appeal of a determination referred to in paragraph (a) to such other person as may be specified in the scheme.

• (7) A superannuation benefit shall not be granted by the board of management to or in respect of any persons who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to be staff of a children detention school (including a Director), other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.

• (8)
• (a) Subject to subsection (11), and save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a scheme under this section shall, as respects a person referred to in subsection (1), provide for the granting to or in respect of him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits that applied to him or her immediately before the commencement of this section.

• (b) Any period of service by a person as a member of staff (including a Director) of a children detention school which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of staff of the children detention school prior to the commencement of this section shall be regarded as a period of reckonable service for the purposes of any scheme under this section.

• (9) Subject to subsection (11), where, in the period beginning on the commencement of this section and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who is a member of staff of a children detention school (including a Director) to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by the board of management in accordance with such schemes, arrangements or enactments in relation to superannuation, as applied to the person immediately before the commencement of this section and, for that purpose, his or her pensionable service with the children detention school shall be aggregated with his or her previous pensionable service.

• (10) Subject to subsection (11), every scheme or arrangement in relation to superannuation that relates to any member of staff (including the Director) of a children detention school and that is in force immediately prior to the commencement of this section shall—

• (a) on and after the commencement of this section, and

• (b) only in so far as the scheme or arrangement concerned relates to former members of staff (other than those to whom subsection (1) or (2) refers) of the children detention school concerned, including former Directors and those who are deceased,

continue in force.

• (11) Paragraph (a) of subsection (8) and subsections (9) and (10) shall not apply in relation to a provision of a scheme or an arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required but not obtained.

• (12) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House, within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

• (13) In this section "Act of 2012" means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.]

Inspection of schools

185. F171[Inspection of children detention schools.

185.—(1) The Minister shall cause each children detention school to be inspected.

• (2) An inspection shall be conducted by a person authorised in that behalf by the Minister.

• (3) The person so authorised shall have expertise and experience in relation to the inspection of children’s residential accommodation.]

186. F172[Functions of authorised person.

186.—(1) A person authorised under section 185 shall carry out inspections at least once every 12 months of each children detention school.

• (2) Without prejudice to the generality of subsection (1), an authorised person shall, in carrying out an inspection of any such school, pay particular attention to—

• (a) the conditions in which the children are detained and the facilities available to them,

• (b) their health, safety and well-being,

• (c) policies and practice concerning the preservation and development of relationships between them and their families,

• (d) policies and practice concerning their discipline, care and protection, and

• (e) policies and practice in relation to the normal routine of the school.

• (3) The authorised person may hear complaints by children who at any time were or who are detained in a children detention school, and for that and any other purpose—

• (a) may interview them and any member of the staff in the school concerned, and

• (b) shall have access to records, whether in legible or non-legible form, relating to the administration of the school and the children detained therein.

• (4) Any interviews with children shall be with their consent and may, if they agree, take place in private.

• (5) The authorised person—

• (a) shall not be an employee of any children detention school which the person inspects, and

• (b) shall be independent in the exercise of his or her functions in carrying out inspections.

• (6) The authorised person shall submit a report to the Minister in relation to any inspection carried out under this section and publish the report at the same time as it is so submitted.]

186A. F173[Investigation of matters arising in relation to children detention schools, etc.

186A.—(1) Where—

• (a) matters of concern in relation to a children detention school or place provided under section 161 are raised in a report of a person authorised under section 186 or otherwise, and

• (b) the Minister is satisfied that it would be desirable to investigate those matters,

the Minister shall appoint a person (in this section referred to as an “Inspector”) to investigate and report to him or her thereon.

• (2) The Inspector shall carry out an investigation into the matters referred to in subsection (1) and such other matters relevant to them as he or she considers necessary for the purposes of the investigation.

• (3) For those purposes, the Inspector may—

• (a) enter any children detention school or place provided under section 161,

• (b) examine the records, whether in legible or non-legible form, of the school or place, and

• (c) interview members of the staff of the school, including the Director, and members of its board of management or, as the case may be, members of the staff and managers of the place.

• (4) The Inspector—

• (a) shall not be an employee of any children detention school which he or she inspects,

• (b) shall be independent in the exercise of his or her functions in carrying out inspections, and may interview any child who at any time was or who is detained in a children detention school.

• (5) Any such interview shall be with the consent of the child concerned and may, if the child agrees, take place in private.

• (6) The Inspector shall submit a report to the Minister in relation to the investigation.

• (7) Each such report shall, where appropriate, contain recommendations which in the Inspector’s opinion require to be implemented.

• (8) A copy of each such report shall be laid by the Minister before each House of the Oireachtas.

• (9) Before laying a report before each House of the Oireachtas pursuant to subsection (3), the Minister may omit material from it where the omission is necessary to avoid the identification of any person.

• (10) An appointment of an Inspector shall be for a specified investigation, but the Minister may appoint the same person to carry out a further investigation or investigations as the Minister considers appropriate.

• (11) The appointment of an Inspector shall be on such terms and conditions as may be determined by the Minister with, in the case of any terms and conditions relating to remuneration, the consent of the Minister for Finance.]

187. Powers of Inspector.

187.—

188. Reports of inspections and investigations.

188.—

189. Annual report of Inspector.

189.—

190. Visiting panel.

190.—(1) A visiting panel for children detention schools shall be established as soon as may be after the commencement of this section and shall consist of such number of persons, not being more than 8 or less than 6, as the Minister shall think proper.

• (2) The members of the visiting panel shall be appointed by the Minister, and every member so appointed shall hold office as such member for such period not exceeding 3 years as the Minister shall think proper and specifies when appointing the member.

• (3) In appointing members of the visiting panel, the Minister shall ensure that persons with knowledge or experience of matters relating to the welfare of children including their cultural and linguistic needs are adequately represented on it.

• (4) The Minister may establish at any future time or times one or more than one additional visiting panel should the geographical situation of any of the schools justify such a course.

• (5) The Minister may make rules setting out the duties and powers of visiting panels and the manner in which they shall perform the duties and exercise the powers imposed or conferred on them by this Part or by the rules.

191. Duties and powers of visiting panels.

191.—(1) A visiting panel appointed under section 190 shall observe such of the rules made by the Minister under that section as apply to it, and, subject to those rules, it shall be the duty of a visiting panel—

• (a) to visit each children detention school from time to time and at frequent intervals and there to hear any complaint which may be made to it by any child residing in the school and, if so requested by the child, to hear any such complaint in private,

• (b) to report to the Minister any abuses or irregularities observed or found by it in any school,

• (c) to report to the Minister in relation to any repairs or structural alterations to any school which may appear to it to be needed, and

• (d) to report to the Minister in relation to any other matter relating to any school either as instructed by the Minister or on its own initiative.

• (2) A visiting panel and every member thereof shall be entitled at all times to visit either collectively or individually a children detention school in respect of which it is appointed and shall at all times have free access either collectively or individually to every such school and every part of it.

• (3) The Minister may request the board of management of a children detention school to instruct the visiting panel to report to that board on any matter relating to the school.

• (4) The board of management of such a school shall forward to the Minister any report made to it under this section, together with its views on the report.

• (5) Copies of any such report and of the board of management’s views on it shall be laid by the Minister before each House of the Oireachtas.

• (6) Before laying a report before each House of the Oireachtas, the Minister may omit material from it where the omission is necessary to avoid the identification of any person.

192. Visits by judges.

192.—Any judge may visit any children detention school or any place provided under section 161 at any time.

Operation of schools

193. Obligation of Director to accept children.

193.—The Director of a children detention school shall accept any child ordered by a court to be detained in the school, unless the children detention order is, on its face, defective.

194. Reception of children in schools.

194.—(1) Subject to subsection (2), a children detention school shall be open at all times for the reception of children referred to it under this Part.

• (2) The Minister may decide that subsection (1) shall not apply in respect of any school or any part of a school for a specified time where he or she is satisfied that, apart from those children who are eligible and suitable for placing out on supervision in the community under section 207, there are adequate and suitable alternative places available for children during that time in other schools.

• (3) Where the Minister makes a decision pursuant to subsection (2), some or all of the children detained in the school the subject of the decision may be transferred to other schools in accordance with the provisions of this Part relating to such transfers or may be placed out on supervision in the community under section 207, if eligible and suitable for being so placed out.

195. Maximum number of detained children.

195.—(1) The Minister shall certify the maximum number of children who may be detained in each children detention school at any time.

• (2) The Minister may vary any certificate under subsection (1), or vary any certificate varied under this subsection, where he or she is satisfied that such a variation is justified.

• (3) The Minister shall cause a copy of any certificate or variation of any certificate under this section to be sent to the President of the High Court, the President of the Circuit Court, the President of the District Court and the Director of each children detention school.

196. Sex and age of detained children.

196.—(1) The Minister shall certify the sex and ages of children who may be detained in each children detention school at any time.

• (2) The Minister may vary any certificate under subsection (1), or vary any certificate varied under this subsection, where he or she is satisfied that such a variation is justified.

• (3) The Minister shall cause a copy of any certificate or variation of any certificate under this section to be sent to the President of the High Court, the President of the Circuit Court, the President of the District Court and the Director of each children detention school.

197. Treatment of children.

197.—The Minister shall decide which children detention schools shall provide any particular courses of specialised treatment which in his or her opinion should be available for children who may be in need of any such treatment and shall cause the President of the High Court, the President of the Circuit Court, the President of the District Court and the Director of each children detention school to be informed accordingly.

198. F177[Transfer between schools.

198.—(1) The Minister may direct the transfer of a child detained in a children detention school to another such school to serve the whole or any part of the remainder of the child’s period of detention if—

• (a) the school to which the child is transferred caters, in accordance with the provisions of this Part, for that class of child, or

• (b) the Minister considers that the transfer is necessary in the interests of the good governance of children detention schools,

and, in either case, the school to which the child is transferred provides the conditions and facilities necessary for it to achieve its principal object in the case of the child.

• (2) Before giving a direction under this section, the Minister shall consult the Directors of the children detention schools from and to which it is desired to transfer the child so as to ascertain whether the transfer would be in the child’s interests or whether another course should be adopted in respect of the child.

• (3) A direction under subsection (1) may be given at the request of the Director of a children detention school and, if so given, this section shall apply in relation to the direction with the necessary modifications.]

199. Provision as to religious observance.

199.—The Director of a children detention school shall ensure that each child detained in it shall, as far as practicable, be given the opportunity to receive religious assistance and instruction and the opportunity of practising his or her religion.

200. Provision of medical treatment.

200.—If it appears to the Director of a children detention school that a child detained in it requires medical attention that cannot properly be given in the school, the Director shall make arrangements for the child to be received into any hospital or other institution where he or she can receive the necessary attention, and that child, while so absent from the school, shall for the purposes of this Act be deemed to be in lawful custody.

201. Discipline.

201. (1) Any child who breaches the rules of a children detention school may be disciplined on the instructions of the Director of the school in a way that is both reasonable and within the prescribed limits.

• (2) Without prejudice to the power of the Minister to prescribe limits for the disciplining of children detained in children detention schools, the following forms of discipline shall be prohibited—

• (a) corporal punishment or any other form of physical violence,

• (b) deprivation of food or drink,

• (c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing, or

• (d) treatment that is cruel, inhuman or degrading.

201A. F179[Sanctions for disciplinary breach

201A. ...]

201B. F180[Petition by child against finding of disciplinary breach or sanction or both

201B. ...]

201C. F181[Appeal against forfeiture of remission

201C. ...]

201D. F182[Appeal Tribunal

201D. ...]

202. Permitted absence.

202.—(1) The Director of a children detention school may, by order in writing, permit a child to be absent from the school, whether or not accompanied—

• (a) for the purpose of attending the funeral of a relative,

• (b) for the purpose of visiting a relative who is seriously ill, or

• (c) for any other purpose of exceptional importance that the Director thinks proper, being a purpose which the Director considers to be directly associated with the welfare or rehabilitation of the child concerned.

• (2) The order shall specify the period for which the child may be absent from the school and the purpose for which it was made.

• (3) A copy of the order shall be given to the child at or before the commencement of the absence.

• (4) The order may be subject to any conditions, limitations or restrictions that the Director thinks appropriate to impose.

• (5) The child to whom a copy of the order is given shall carry the copy at all times during the permitted absence.

• (6) A failure, without reasonable excuse, by a child to return to the school when his or her period of permitted absence has expired shall be treated as a breach of the discipline of the school.

• (7) A member of the Garda Síochána who detects any child in breach of subsection (6), or of any conditions, limitations or restrictions to which the order permitting the absence is subject, shall so inform the Director of the school concerned and return the child to the school.

• (8) The period of a child’s permitted absence from a school shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the period of permitted absence has expired, the time that elapses thereafter shall be excluded in calculating the time during which he or she is to be detained.

203. Other permitted absences.

203.—(1) The Director of a children detention school may, by order in writing, permit a child to be absent from the school unaccompanied on a recurring basis or on one occasion only—

• (a) for the purpose of seeking employment or engaging in employment or obtaining work experience,

• (b) for the purpose of receiving additional training or education,

• (c) for the purpose of participating in sport, recreation or entertainment in the community, or

• (d) for any other purpose conducive to the reintegration of the child into the community.

• (2) The Director may at any time before the end of a period of permitted absences under this section cancel the order permitting the absences.

• (3) The Director of each children detention school shall keep the F183[Minister and] board of management of the school informed of the implementation of F184[…] policy in relation to absences permitted under this section and section 202.

• (4) The provisions of subsections (2) to (8) of section 202 shall, with the necessary modifications, apply in relation to an absence under this section as if it were an absence under that section.

204. Mobility trips.

204.—(1) In this section “mobility trips” means authorised absences from a children detention school of children detained therein for the purpose of—

• (a) assisting their reintegration into society by promoting their personal and social development, their awareness and appreciation in matters of culture, education and recreation, and

• (b) where appropriate, the implementation of any necessary treatment or counselling directions.

• (2) Each mobility trip shall be authorised by the Director of the children detention school concerned and shall be granted for a specified period.

• (3) During a mobility trip the child shall be accompanied at all times by at least one member of the staff of the school.

• (4) Before authorising any mobility trip, the Director shall be satisfied, on the basis of an assessment of the child’s suitability for such trips, that the purpose of the mobility trip is appropriate for the child.

• (5) The Minister may suspend, for a specified period, mobility trips for a particular child or for any children detention school where he or she is satisfied that they would not be in the best interests of the child or school or of society generally during that period.

• (6) Any period specified in subsection (5) may be renewed on as many occasions as the Minister considers necessary until the circumstances that gave rise to the suspension of the mobility trips no longer apply.

• (7) Any breach by a child of the rules governing the grant of mobility trips shall render that child ineligible for such trips for such period as the Director may determine.

• (8) Absconding while on a mobility trip shall be treated as a breach of discipline of the school.

• (9) The Director of each children detention school shall keep the F185[Minister and] board of management of the school informed of the implementation of the F186[…] rules in relation to the grant of mobility trips.

205. Temporary leave.

205.—(1) The Director of each children detention school shall formulate a temporary leave programme for every child detained in the school for whom temporary leave is appropriate and ensure that every such programme is in accordance with the rules of the school’s board of management in that regard.

• (2) No temporary leave programme shall provide for temporary leave in the first one month of any child’s period of detention.

• F187[(3) The Minister may suspend, for a specified period—

• (a) the temporary leave programme of a child, or

• (b) the temporary leave programmes of the children in a children detention school,

whether or not such programmes have been altered by the Director under subsection (4), where the Minister is satisfied that temporary leave would not be in the best interests of the child, the children detention school or society generally.

• (4) The Director may alter the temporary leave programme of a child where he or she is satisfied that to do so would be in the best interests of the child, the children detention school or society generally.]

• (5) The one-month period referred to in subsection (2) need not necessarily have been served in one children detention school.

206. Conditions of grant of temporary leave.

206.—(1) F188[Subject to subsection (1A), a child] while on temporary leave shall be in the care of his or her parents or guardian, or of a responsible person, who shall undertake to the Director of the children detention school concerned to supervise the child during the period of temporary leave.

• F189[(1A) Where a Director is of opinion, when formulating a temporary leave programme under section 205(1) or altering a temporary leave programme under section 205(4) for a child aged 18 years or over detained in a children detention school pursuant to section 155, that it is not appropriate for subsection (1) to apply to the child while on temporary leave, and the Director so certifies in writing, then in relation to that child or to the grant of temporary leave to that child—

• (a) subsections (1) and (2) shall not apply,

• (b) subsection (3) shall apply with the modification that the child shall reside in accommodation specified or approved by the Director, and subsection (4) shall have effect accordingly, and

• (c) the requirement in subsection (6) for a member of the Garda Síochána to inform the person who undertook to supervise the child shall not apply.

• (1B) In forming an opinion under subsection (1A), the Director shall take into account—

• (a) the child’s record of behaviour while in detention,

• (b) the family circumstances of the child,

• (c) the child’s physical, emotional and mental health, and

• (d) any other matters affecting the child’s suitability to be the subject of certification under subsection (1A) that the Director in his or her discretion considers relevant.]

• (2) In deciding to grant temporary leave in any case, the Director shall be as satisfied as reasonably possible that the person who has undertaken to supervise the child will do so and, where a child has previously been granted temporary leave, the Director shall take into account how the child was supervised during that leave.

• (3) Where a period of temporary leave involves a child being absent from the children detention school for one or more than one night, the child shall reside in the living accommodation of the person who has undertaken to supervise the child or in other accommodation with the prior approval of the Director, and, where that person so agrees, it shall be a condition of the leave that the child remain in that accommodation during a specified period between 7.00 p.m. on any day and 6.00 a.m. on the following day.

• (4) Subject to subsection (3), where a child is so absent, a condition of the temporary leave may require the child to remain in the living accommodation of the person supervising the child or in such other accommodation, as the case may be, for different periods on different dates.

• (5) Before the commencement of a period of temporary leave in respect of any child, the Director shall arrange for the member in charge of the Garda Síochána station for the area in which the child will reside during the period of the leave to be informed of the child’s address, the period of the leave and, where appropriate, the periods during which the child is required to remain at that address.

• (6) A member of the Garda Síochána who detects a child in breach of a condition specified in or pursuant to subsection (3) or (4) shall so inform the Director of the school concerned, return the child to the school in which he or she was detained when granted the temporary leave and inform the person who undertook to supervise the child accordingly as soon as practicable.

• (7) A child who contravenes the rules governing temporary leave or, as the case may be, a condition specified in or pursuant to subsection (3) or (4) shall be ineligible for further temporary leave for such period as may be determined in accordance with the policy in that regard of the children detention school in which he or she was detained when granted the temporary leave.

• (8) A failure, without reasonable excuse, by a child to return to the school on the expiry of the period of temporary leave shall be treated as a breach of the discipline of the school and of the rules governing temporary leave.

• (9) The period of a child’s absence from a school on temporary leave shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the period of temporary leave has expired, the time that elapses thereafter shall be excluded in calculating the period during which he or she is to be detained.

• (10) On the grant of temporary leave to a child, the Director shall specify in a notice in writing to the child—

• (a) the time of commencement and ending of the period of the leave, and

• (b) where appropriate, any condition specified in or pursuant to subsection (3) or (4).

207. Supervision in community.

207.—(1) F190[Subject to subsection (1A), where a child] is detained in a children detention school, the Director of the school may at any time, after consultation with the F191[Director of the Probation and Welfare Service], authorise the placing out of the child under supervision in the community to reside with his or her parents or guardian or a responsible person who is willing to receive and take charge of the child.

• F192[(1A) In the case of a child aged 18 years or over detained in a children detention school pursuant to section 155, the Director of the school may, if he or she is of opinion that it is appropriate to do so, authorise under subsection (1) the placing out of the child without a requirement for that child to reside with any specified person, but with a requirement that he or she reside in a place specified or approved by the Director, and if the Director so authorises—

• (a) subsection (4)(a)(i) shall not apply to the authorisation,

• (b) the provisions of subsection (5)(a) relating to the communication of the conditions of the child’s placing out to the person receiving and taking charge of the child shall not apply to the Director, and

• (c) subsection (8) shall not apply to the child.

• (1B) In forming an opinion under subsection (1A), the Director shall take into account—

• (a) the child’s record of behaviour while in detention,

• (b) the family circumstances of the child,

• (c) the child’s physical, emotional and mental health, and

• (d) any other matters affecting the child’s suitability to be the subject of a placing out referred to in subsection (1A) that the Director in his or her discretion considers relevant.]

• (2) Before authorising a placing out under subsection (1), the Director shall be satisfied that the child will continue to receive appropriate education or training while he or she is placed out and that the placing out conforms to the rules of the school’s board of management in that regard.

• (3) A child placed out under subsection (1) shall be under the supervision in the community of a probation and welfare officer.

• (4)
• (a) An authorisation under subsection (1) shall be in writing and be signed by the Director and shall specify—

• (i) the name of the person who is willing to receive and take charge of the child, and

• (ii) any conditions imposed by the Director which he or she considers appropriate and which are consistent with any rules made by the board of management of the school under section 179.

• (b) The child shall comply with any conditions so specified.

• (5) Where a child is placed out under this section, the Director shall ensure that at the time of the placing out—

• (a) the conditions of the child’s placing out are communicated in writing to the child, to the person receiving and taking charge of the child and to the probation and welfare officer supervising the child in the community, and

• (b) the placing out and those conditions are notified to the member in charge of the Garda Síochána station for the area in which the child will be residing.

• (6) A placing out under this section shall be in force until revoked or until the period of detention imposed by the court has expired, whichever is the sooner, and while it is in force the child shall be deemed to be under the care of the Director.

• (7) The Director may at any time, after consultation with the F191[Director of the Probation and Welfare Service], revoke a placing out where—

• (a) he or she has reason to believe that it is necessary to do so for the protection or welfare of the child,

• F193[(aa) the child, without reasonable excuse, fails to comply with a requirement under subsection (1A) to reside in a place specified or approved by the Director,]

• (b) the child, without reasonable excuse, fails to comply with a condition imposed under subsection (4) (a) (ii), or

• (c) the child is not receiving appropriate education or training,

and order the child to return to the school.

• (8) Any child escaping from the person with whom he or she is placed out shall be liable to the same penalty as if he or she had escaped from the school itself.

• (9) The period during which a child who is placed out is absent from a school shall be deemed to be part of the child’s period of detention in the school but, if a child fails to return to the school when the placing out is revoked, the time that elapses thereafter shall be excluded in calculating the period during which he or she is to be detained.

• (10) Where a member of the Garda Síochána has been notified that a child whose placing out has been revoked refuses or fails, without reasonable cause, to return to the school, the member may arrest the child without warrant and forthwith return the child to the school.

• (11) Where a placing out of a child has been revoked and the child has returned or has been returned to the school, the Director of the school shall inform the member in charge of the Garda Síochána station for the area where the child resided accordingly.

• (12) Where a child is found guilty of an offence committed while placed out, the placing out shall be deemed to be revoked.

208. Voluntary aftercare.

208.—(1) Where a child is released from a children detention school on the completion of his or her period of detention, the child may, with his or her consent, be placed under the supervision of a probation and welfare officer if the Director of the school considers, after consultation with the F194[Director of the Probation and Welfare Service], that to do so would further assist the child’s reintegration into society and help to prevent the child from committing further offences.

• (2) Subject to subsection (4), where a child is placed under supervision in accordance with subsection (1), the period of supervision shall continue for as long as the child consents and the probation and welfare officer supervising the child is satisfied that continuance of the supervision is in the child’s interests.

• (3) The probation and welfare officer supervising the child shall receive whatever assistance is necessary from the Director of the children detention school concerned to enable the officer to supervise the child effectively.

• (4) Where a child is found guilty of an offence committed while under supervision in accordance with this section, the continuance of the supervision shall be reviewed by the F194[Director of the Probation and Welfare Service].

209. Unconditional release.

209.—Where a child is serving a period of detention in a children detention school, the Minister may at any time order the child’s release from the school on compassionate grounds if he or she is satisfied on the basis of a report from the Director of the school, after consultation with the F195[Director of the Probation and Welfare Service], that exceptional circumstances exist which justify the release.

210. Early discharge.

210.—(1) A child detained in a children detention school may be order of the Director of the school be discharged from detention at any time during the period of 24 hours immediately preceding the time when the children detention order concerned would otherwise terminate.

• (2) A child so detained whose detention would, but for this subsection, terminate on a Saturday, Sunday or public holiday may, by order of the Director, be discharged from detention on the last preceding day that is not a Saturday, Sunday or public holiday.

211. Order for production of child.

211.—(1) Where a child is detained in a children detention school, the Director of the school may, on proof to his or her satisfaction that the presence of the child at any place is required in the interests of justice, or for the purpose of any inquest or inquiry, in writing order that the child be taken to that place.

• (2) A child taken from a children detention school under this section shall, while outside the school, be kept in such custody as the Director may determine and while in that custody shall be deemed to be in lawful custody.

212. Responsible persons.

212.—Where a child is in the care or charge of a responsible person under the provisions of section 206 or 207, the responsible person shall—

• (a) have the like control over the child as if he or she were the child’s parent or guardian, and

• (b) do what is reasonable (subject to the provisions of this Act) in all the circumstances of the case for the purpose of safeguarding or promoting the child’s education, health, development or welfare.

213. Duty to notify changes of address to school.

213.—(1) The parents or guardian of a child who is detained in a children detention school shall keep the Director of the school informed of their address.

• (2) Where a child is transferred pursuant to section 198, the Director of the school or managers of a place from which the child is transferred shall, where practicable, inform the child’s parents or guardian of the transfer, and until the parents or guardian have been so informed their duty under subsection (1) shall be deemed to be duly discharged if they keep the Director of that school informed of their address.

214. Lawful custody of detained children.

214.—(1) Subject to section 215, a child in respect of whom a children detention order is in force shall be deemed to be in the lawful custody of the Director of the children detention school concerned while detained in the school and thereafter while being conveyed from or to the school, while placed out under supervision in the community or while on a permitted absence under section 202 or 203 or a mobility trip under section 204.

• (2) F196[…]

Offences

215. Escape.

215.—(1) A child who has been ordered by a court to be detained in a children detention school and who—

• (a) escapes while being conveyed to or from the school, or

• (b) escapes or is otherwise absent without permission from the school or from any hospital or other institution in which the child is receiving medical attention,

shall commit the offence of escape from lawful custody and may at F197[any time, including on or after his or her 18th birthday,] be arrested by a member of the Garda Síochána without warrant and returned to the school or, as the case may be, to the hospital or other institution concerned.

• (2) F197[A person guilty of an offence under subsection (1) shall be liable, on summary conviction, to detention or imprisonment for a term not exceeding 3 months.]

• (3) F198[…]

• (4) Where a person who is found guilty of an offence under subsection (1) is 18 years of age or more, any period of detention imposed on him or her shall be served in a place of detention provided under section 2 of the Act of 1970 or in a prison.

• F199[(4A) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda Síochána pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned and the person had attained the age of 18 years during the period of his or her escape but is below the age of 18 years and 6 months on the date of his or her return—

• (a) subject to section 11(2) of the Children (Amendment) Act 2015, section 155 (other than subsections (1) and (7)) shall, with any necessary modifications, apply to that person,

• (b) reference in subsections (2) and (3) of section 155 to "before the relevant date" shall be construed as "as soon as may be", and

• (c) reference in subsections (2) and (4) of section 155 to "on the relevant date" shall be construed as a reference to the day after the date of authorisation by the Minister for Children and Youth Affairs under subsection (3) of section 155.

• (4B) Where a person to whom subsection (1) applies is arrested and returned by a member of the Garda Síochána pursuant to that subsection or otherwise returns to the children detention school, hospital or other institution concerned, and the person before his or her escape had been detained pursuant to section 155 and is below the age of 18 years and 6 months on the date of his or her return, the Director of the children detention school in which the person had been detained prior to his or her escape may as he or she considers appropriate—

• (a) request the Minister to authorise a transfer of the person to a prison or a place of detention provided under section 2 of the Act of 1970, and in such a case paragraphs (b) and (c) of subsection (4C) shall apply, or

• (b) make a new determination under section 155(5) in respect of the person and in such case, subsections (6) and (8) of section 155 shall apply with any necessary modifications.

• (4C) Where a person escapes from lawful custody within the meaning of subsection (1) and attains the age of 18 years and 6 months during the period of his or her escape—

• (a) the Director of the children detention school in which the person had been detained prior to his or her escape shall, as soon as may be, request the Minister to authorise the transfer of the person under paragraph (b),

• (b) on receiving a request under paragraph (a), the Minister shall, as soon as may be and after consultation with the Minister for Justice and Equality, authorise the transfer of the person to such—

• (i) place of detention provided under section 2 of the Act of 1970, or

• (ii) prison,

as the Minister, having consulted with the Minister for Justice and Equality, considers appropriate, to serve the period of detention remaining to be served by that person on the date of his or her escape, and

• (c) on the return of the person to the children detention school, hospital or other institution concerned, whether on foot of an arrest by a member of the Garda Síochána pursuant to subsection (1) or otherwise, the Director shall, as soon as may be, transfer the person to the place of detention or prison pursuant to the authorisation under paragraph (b).]

• (5) In calculating the period during which a person who, having escaped, is thereafter liable to be F197[detained in a children detention school, or in a prison or place of detention if the person is transferred under this section], the period during which he or she was absent from the children detention school shall not be reckoned as part of the person’s period of detention in the school.

• (6) Subject to the foregoing provisions of this section, an escape from a children detention school may be treated as a breach of the discipline of the school.

216. Helping child to escape.

216.—A person who helps a child to escape or attempt to escape from lawful custody or to abscond from any person with whom the child is placed out on supervision in the community shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £750 or imprisonment for a term not exceeding 6 months or both.

217. Harbouring escaped child.

217.—Any person who knowingly harbours, maintains or conceals F200[a child, or a person other than a child who has escaped when a child from lawful custody within the meaning of section 215(1), or otherwise prevents a child or such an escaped person] from returning to a children detention school or to any person with whom he or she has been placed out on supervision in the community shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £750 or imprisonment for a term not exceeding 6 months or both.

218. Unlawful entry or communication.

218.—A person who without lawful authority—

• (a) enters or attempts to enter any children detention school, or

• (b) communicates or attempts to communicate with any child detained therein,

shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £250 or imprisonment for a term not exceeding 2 months or both.

218A. F201[Unauthorised provision of mobile telecommunications device

218A. (1) A person who, without lawful authority, supplies or attempts to supply a mobile telecommunications device to a child who is—

• (a) detained in a children detention school,

• (b) remanded to a remand centre, or

• (c) a child to whom paragraph (a) or (b) applies but who is for the time being in lawful custody outside the children detention school or the remand centre, as the case may be,

commits an offence and is liable on summary conviction to a class D fine or imprisonment for a term not exceeding 6 months or both.

• (2) In this section "mobile telecommunications device" includes a component of such a device.]

219. Bringing alcohol etc., into schools.

219.—A person who without lawful authority—

• (a) brings or attempts to bring into a children detention school, or

• (b) delivers or attempts to deliver to a child in any such school,

any alcohol or other prescribed thing, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £250 or imprisonment for a term not exceeding 2 months or both.

Other matters

220. Delegation of certain functions by Minister.

220.—(1) The Minister may, subject to subsection (4), by instrument under his or her hand or seal delegate to a named officer of a specified grade, position or description any function of the Minister under this part specified in the delegation and may revoke the delegation.

• (2) A delegation of a function under subsection (1) is without prejudice to the right of the Minister to exercise it.

• (3) Every delegated function shall be performed by the delegated officer subject to the general superintendence and control of the Minister and to such limitations (if any) as may be specified by the Minister either in the instrument of delegation or at any time thereafter.

• (4) Subsection (1) does not apply to a function conferred on the Minister by sections 163 and 221.

• (5) In this section “officer” means an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956.

221. Regulations.

221.—(1) The Minister may make regulations, not inconsistent with this Part and any relevant international instruments to which the State is a party, for or with respect to any matter that is required or permitted by this Part to be prescribed or that is necessary or expedient to be prescribed for giving effect to this Part and, in particular, with respect to—

• (a) the promotion of the educational and social development of children detained in children detention schools,

• (b) the maintenance of the physical, psychological and emotional wellbeing of such children,

• (c) the provision of adequate and suitable accommodation for them,

• (d) the control and management of such schools and the maintenance of discipline and good order generally in them,

• (e) the inspection and investigation of such schools by the Inspector,

• (f) the conduct and functions of the Director and other members of the staff of such schools,

• (g) visits and other communications between children detained in such schools and their families, relatives and friends.

• (2) Any such regulations may apply generally to children detention schools or apply to one or more than one such school or be limited in their application by reference to specified exceptions or factors or apply differently according to different factors of a specified kind.

• (3) The Minister shall cause a copy of any such regulations to be sent to each board of management, who shall comply with them.

• (4) The Minister may make regulations analogous to subsections (1) to (3) relating to any place provided under section 161 and for that purpose those subsections shall apply, with the necessary modifications, in relation to any such place.

222. Pending proceedings.

222.—Where, immediately before the commencement of section 159, the board of management or trustees of a certified reformatory school or industrial school to which on such commencement subsection (1) of that section applies, or any agent thereof acting on behalf of such a school, is a party to any proceedings pending in any court or tribunal, the name of the board of management appointed to the school under section 164 shall be substituted in those proceedings for the board of management, trustees or agent, as the case may be, and the proceedings shall not abate by reason of the substitution.

223. Saving for certain acts.

223.—Nothing in this Act shall affect the validity of any act that was done before the commencement of section 159 by or on behalf of a board of management or trustees of a certified reformatory school or industrial school to which on such commencement subsection (1) of that section applies, and every such act shall, if and in so far as it had effect immediately before such commencement, have effect on and after the commencement as if it had been done by or on behalf of the board of management appointed to the school under section 164.

224. Transitional provisions.

224.—(1) A child who is serving a period of detention in an institution which is a certified reformatory school or an industrial school in accordance with Part IV of the Act of 1908 shall not have his or her period of detention varied by reason only of an alteration of title or description of the said institution.

• (2) Where a period of time specified in a provision of the Children Acts, 1908 to 1989, had not expired at the commencement of any corresponding provision of this Act, this Act shall have effect as if the corresponding provision had been in force when the period began to run.

PART 11 Special Residential Services Board

225. Interpretation (Part 11).

225.—

226. Special Residential Services Board.

226.—

226A. Change of name of Board.

226A.—

227. Functions of Board.

227.—

228. Assignment of other functions.

228.—

229. Policy directions.

229.—

230. Membership, etc., of Board.

230.—

231. Removal and resignation of members.

231.—

232. Temporary substitutes.

232.—

233. Casual vacancies.

233.—

234. Remuneration of members.

234.—

235. Application to Board of sections 175, 177 and 178.

235.—

236. Seal.

236.—

237. Chief Executive of Board.

237.—

238. Staff of Board.

238.—

239. Superannuation of staff.

239.—

240. Funding of Board.

240.—

241. Accounts and audits of Board.

241.—

242. Annual report and information.

242.—

243. Delegation of functions.

243.—

244. Regulations.

244.—

PART 12 Protection of Children

245. Interpretation (Part 12).

245.—(1) In this Part “registered medical practitioner” means a person registered in the General Register of Medical Practitioners established under the Medical Practitioners Acts, 1978 to 2000.

• (2) For the purposes of this Part—

• (a) any person who is the parent or guardian of a child or who is legally liable to maintain a child shall be presumed to have the custody of the child, and, as between parents, one parent shall not be deemed to have ceased to have the custody of the child by reason only that he or she has deserted or does not reside with, the other parent and child, and

• (b) any person to whose charge a child is committed by any person who has the custody of the child shall be presumed to have charge of the child, and

• (c) any person exercising authority over or having actual control of a child shall be presumed to have care of the child.

246. Cruelty to children.

246.—(1) It shall be an offence for any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect his or her wellbeing.

• (2) A person found guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 7 years or both.

• (3) A person may be convicted of an offence under this section—

• (a) notwithstanding the death of the child in respect of whom the offence is committed, or

• (b) notwithstanding that actual suffering or injury to the health of the child, or the likelihood of such suffering or injury, was obviated by the action of another person.

• (4) On the trial of any person for the murder of a child of whom the person has the custody, charge or care, the court or the jury, as the case may be, may, if satisfied that the accused is guilty of an offence under this section in respect of the child, find the accused guilty of that offence.

• (5) For the purposes of this section a person shall be deemed to have neglected a child in a manner likely to cause the child unnecessary suffering or injury to his or her health or seriously to affect his or her wellbeing if the person—

• (a) fails to provide adequate food, clothing, heating, medical aid or accommodation for the child, or

• (b) being unable to provide such food, clothing, heating, medical aid or accommodation, fails to take steps to have it provided under the enactments relating to health, social welfare or housing.

• (6) In subsection (1) the reference to a child’s health or wellbeing includes a reference to the child’s physical, mental or emotional health or wellbeing.

• (7) For the purposes of this section ill-treatment of a child includes any frightening, bullying or threatening of the child, and “ill-treat” shall be construed accordingly.

247. Begging.

247.—(1) A person is guilty of an offence if he or she causes or procures a child or, having the custody, charge or care of a child, allows the child to be in any street or public place, or to make house to house visits, for the purpose of begging or receiving alms or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise).

• (2) If a person who has the custody, charge or care of a child is charged with an offence under this section, and it is proved that the child was in any street, public place or house for any purpose referred to in subsection (1), the person shall be presumed to have allowed the child to be in the street, public place or house for that purpose, unless the contrary is proved.

• (3) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding—

• (a) in the case of a first offence, F224[€750], or

• (b) in the case of a second or any subsequent offence, F224[€1,500].

• (4) In this section—

“house” includes any building occupied for residential or business purposes and any part of a building so occupied;

“public place” means any place to which the public have or are permitted to have access whether as of right or by permission and whether on payment or without payment;

“street” includes any road, bridge, lane, footway, subway, square, alley or passage, whether a thoroughfare or not, which is for the time being open to the public, and any ground or carpark adjoining and open to a street shall be treated as forming part of a street.

248. Allowing child to be in brothel.

248.—(1) A person is guilty of an offence if, having the custody, charge or care of a child, he or she allows the child to reside in or to frequent a brothel.

• (2) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both.

249. Causing or encouraging sexual offence upon child.

249.—(1) A person is guilty of an offence if, having the custody, charge or care of a child, he or she causes or encourages unlawful sexual intercourse or buggery with the child or causes or encourages the seduction or prostitution of, or a sexual assault on, the child.

• (2) A person found guilty of an offence under this section shall be liable on conviction on indictment to a fine not exceeding £25,000 or imprisonment for a term not exceeding 10 years or both.

• (3) For the purposes of this section a person shall be deemed to have caused or encouraged—

• (a) unlawful sexual intercourse or buggery with any child with whom unlawful sexual intercourse or buggery has taken place, or

• (b) the seduction or prostitution of a child who has been seduced or become a prostitute or a sexual assault on a child who has been sexually assaulted,

if the person has knowingly allowed the child to consort with, or to enter or continue in the employment of, any prostitute or keeper of a brothel.

• (4) In this section—

F225[…]

“keeper of a brothel” means a person referred to in section 11 (which relates to brothel keeping) of the Criminal Law (Sexual Offences) Act, 1993;

“sexual assault” has the meaning assigned to it by the Criminal Law (Rape) (Amendment) Act, 1990.

• (5) References in this section to sexual intercourse shall be construed as references to carnal knowledge as defined in section 63 of the Offences against the Person Act, 1861.

250. Amendment of Criminal Law (Sexual Offences) Act, 1993.

250.—The Criminal Law (Sexual Offences) Act, 1993, is hereby amended by the substitution for section 6 of the following:

“6. A person who solicits or importunes another person (whether or not for the purposes of prostitution) for the purposes of the commission of an act which would constitute an offence under section 3, 4 or 5 of this Act or section 1 or 2 of the Criminal Law Amendment Act, 1935, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.”.

251. Power to proceed in absence of child.

251.—In any proceedings for an offence under this Part, or any offence mentioned in Schedule 1, it shall not be necessary for the child in respect of whom an offence is alleged to have been committed to be brought before a court or to be present for all or any part of the proceedings unless the court, either of its own motion or at the request of any of the parties to the proceedings, is satisfied that the presence of the child is necessary for the proper disposal of the case.

252. Anonymity of child in court proceedings.

252.—(1) F226[Subject to this section,] in relation to any proceedings for an offence against a child or where a child is a witness in any such proceedings—

• (a) no report which reveals the name, address or school of the child or includes any particulars likely to lead to his or her identification, and

• (b) no picture which purports to be or include a picture of the child or which is likely to lead to his or her identification,

shall be published or included in a broadcast.

• F227[(1A) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to a child where—

• (a) the proceedings concerned relate to the death of the child, and

• (b) such publication or inclusion in a broadcast would not result in a contravention of—

• (i) that subsection in so far as it relates to another child who is alive, or

• (ii) section 93.]

• F227[(1B) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to the person against whom the offence concerned is alleged to have been committed where—

• (a) the person has attained the age of 18 years on or before the date on which the proceedings commence, and

• (b) such publication or inclusion in a broadcast of the report or picture would not result in a contravention of—