Reform history

## PART 1 Preliminary and General

**1**.— (1) This Act may be cited as the Child Care (Amendment) Act 2011.

(6) This Act, other than *sections 7* and *49*, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

**2**.— In this Act—

## PART 2 Amendment of Principal Act

**3**.— Section 2 (as amended by the Act of 2007) of the Principal Act is amended in subsection (1)—

“(*da*) a special care unit,”.

**4**.— Section 3 of the Principal Act is amended by deleting subsection (4).

**5**.— Section 4 (as amended by the Act of 2004) of the Principal Act is amended in subsection (2), by inserting “, IVA (as amended by the *Child Care (Amendment) Act 2011*)” after “IV”.

**7**.— Section 12 (as amended by the Act of 2004) of the Principal Act is amended—

(*b*) in subsection (4) by inserting “or an order referred to in section 35 has been made in respect of the child” after “person acting *in loco parentis*”.

**8**.— Section 18 (as amended by the Act of 2004) of the Principal Act is amended by inserting the following subsections after subsection (8):

(10) Where the District Court makes a care order, pursuant to the application referred to in subsection (9), during the period for which the special care order or interim special care order has effect, it shall direct that the care order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.”.

**9**.— Section 19 (as amended by the Act of 2004) of the Principal Act is amended by inserting the following subsections after subsection (7):

(9) Where the District Court makes the supervision order, pursuant to the application referred to in subsection (8), during the period for which the special care order or interim special care order has effect, it shall direct that the supervision order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.”.

**10**.— Part IVA of the Principal Act (inserted by the Act of 2001) is amended by substituting the following Part for Part IVA—

“PART IVA

Interpretation.

23A.— In this Part—

(7) If the Health Service Executive does not know the name of a child in respect of whom the application for an interim special care order is made, the Health Service Executive may make the application for the interim special care order without naming the child and the application shall contain such information in respect of the child to enable him or her to be identified for the purposes of the interim special care order.

23M.— (1) Where, in accordance with section 23L(3), the High Court makes an interim special care order pursuant to an *ex parte* application—

(iv) who are missing or otherwise absent, without the consent or knowledge of the Health Service Executive, from the special care unit or place to which children are released in accordance with sections 23NF and 23NG.

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

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

**11**.— Section 24 of the Principal Act is amended by inserting “, and in proceedings before the High Court under Part IVA (as amended by the *Child Care (Amendment) Act 2011*) in relation to special care” after “the care and protection of a child”.

**12**.— Section 25 (as amended by the Act of 2004) of the Principal Act is amended—

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

**13**.— Section 26 (as amended by the Act of 2004) of the Principal Act is amended—

“(5) In this section, where the proceedings are proceedings under Part IVA (as amended by the *Child Care (Amendment) Act 2011*), ‘court’ means the High Court.”.

**14**.— Section 27 of the Principal Act is amended—

(7) In this section, where the proceedings are proceedings under Part IVA (as amended by the *Child Care (Amendment) Act 2011*), ‘court’ means the High Court.”.

**15**.— (1) Section 28 of the Principal Act is amended—

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

**16**.— Section 30 of the Principal Act is amended—

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

**17**.— Section 31 of the Principal Act is amended—

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

**18**.— Section 32 of the Principal Act is amended by—

(*b*) inserting “, or as the case may be, the High Court,” after “declared by the court”.

**19**.— Section 33 of the Principal Act is amended—

(*b*) in subsection (2), by inserting “, IVA (as amended by the *Child Care (Amendment) Act 2011*)” after “Part III, IV”.

**21**.— Section 37 of the Principal Act is amended—

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

**22**.— Section 42 (as amended by the Act of 2004) of the Principal Act is amended by inserting the following subsection after subsection (2):

“(3) Regulations under this section shall not apply to children who are the subject of special care orders or interim special care orders during the period those orders have effect.”.

**26**.— Section 69 of the Principal Act is amended—

## PART 3 Amendment of Act of 2001

**27**.— Section 3 (as amended by the Act of 2004) of the Act of 2001 is amended, in subsection (1), by inserting the following definition after the definition of “school”:

“ ‘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;”.

**28**.— Section 7 (as amended by the Act of 2004) of the Act of 2001 is amended in subsection (1), by substituting the following paragraph for paragraph (*b*):

“(*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,”.

**29**.— Section 8 (as amended by the Act of 2004) of the Act of 2001 is amended—

“(*d*) referred to in section 7(1)(*b*) shall, if it is considered that the child does not require special care, make such recommendations to the Health Service Executive 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.”.

**30**.— Section 10 of the Act of 2001 is amended by inserting the following subsection after subsection (3):

(*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 in subsection (1), has been convened.”.

**31**.— Section 13 (as amended by the Act of 2004) of the Act of 2001 is amended in subsection (1) by deleting paragraph (*a*).

**32**.— Section 71 of the Act of 2001 is amended in subsection (1)(*a*) by deleting “, IVA (inserted by this Act)”.

**33**.— Section 77 (as amended by the Child Care (Amendment) Act 2007) of the Act of 2001 is amended—

(*b*) in subsection (1)(*a*) by substituting “circumstances.” for “circumstances,”.

**34**.— Section 267 of the Act of 2001 is amended, in subsection (2), by substituting “Part” for “Parts IVA and”.

## PART 4 Amendment of Act of 2004

**35**.— Part 7A (inserted by section 1 of the Health (Amendment) Act 2010) of the Act of 2004 is amended—

## PART 5 Amendment of Act of 2007

**36**.— (1) Section 2 of the Act of 2007 is amended—

(i) by inserting the following paragraph after paragraph (*a*):

(ii) by deleting paragraph (*v*),

## PART 6 Dissolution of Children Acts Advisory Board

**37**.— In this Part “Board” means the Children Acts Advisory Board.

**38**.— The Board shall be dissolved on the commencement of this Part.

**39**.— (1) All rights and liabilities of the Board arising by virtue of any contract or commitment (expressed or implied) entered into by the Board before the commencement of this Part shall, on such commencement, stand transferred to the Minister.

(2) Every right and liability transferred by *subsection (1)* may, on and after the transfer, be sued on, recovered or enforced by or against the Minister in his or her name and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of such transfer.

**40**.— (1) All land which, immediately before the commencement of this Part, was vested in the Board and all rights, powers and privileges relating to or connected with that land are, on such commencement, without any conveyance or assignment, transferred to and vested in the Minister.

(4) Any moneys, stocks, shares and securities transferred to the Minister by *subsection (2)* which, immediately before the commencement of this Part, are in the name of the Board shall, upon the request of the Minister, be transferred into his or her name.

**41**.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared final accounts of the Board, in respect of the accounting year or part of an accounting year of the Board ending immediately before the commencement of this Part.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.

**42**.— (1) As soon as may be after the commencement of this Part, but not later than one year thereafter, the Minister shall cause to be prepared a final report of the Board’s activities in respect of such period as has not already been the subject of a report to the Minister and ending immediately before the commencement of this Part.

(2) The Minister shall cause copies of the final report referred to in *subsection (1)* to be laid before each House of the Oireachtas.

**43**.— Where, immediately before the commencement of this Part legal proceedings to which the Board is a party are pending, the name of the Minister shall be substituted in the proceedings for the name of the Board and the proceedings shall not abate by reason of such substitution.

**44**.— (1) (*a*) Subject to *paragraph (b)*, every person who, immediately before the commencement of this Part is an employee of the Board shall, on such commencement, hold an unestablished position in the Civil Service.

“unestablished position” has the meaning assigned to it by the Act of 2004.

**45**.— The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

**46**.— (1) The Principal Act is amended in—

(*b*) by deleting subsection (6).

**47**.— Part 11 (as amended by the Child Care (Amendment) Act 2007) of the Act of 2001 is repealed.

## PART 7 Miscellaneous

**48**.— (1) Where, immediately before the coming into operation of *section 10* a child is detained in secure residential accommodation pursuant to an order of the High Court the effect of which is to permit the detention of, and care for, a child in secure residential accommodation to protect his or her welfare and that accommodation is, on the commencement of *section 10*, a special care unit, section 23B(2) (as amended by *section 10*) of the Principal Act shall not apply to the child who is the subject of that High Court order for the remainder of the period specified in that High Court order.

“special care unit” means secure residential accommodation in which children are detained pursuant to an order of the High Court or a special care unit referred to in Part IVA (inserted by the Act of 2001) of the Principal Act, or both, that is a designated centre within the meaning of section 2(1) (as amended by this Act) of the Act of 2007.

**49**.— The Adoption Act 2010 is amended—

(*b*) in section 157(*f*), by substituting “section 13” for “section 13(1)”, and

(*c*) in section 158(*d*), by substituting “section 23V(2)(*a*)” for “section 23V(2)(*d*)”.