Child and Family Agency Act 2013

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Child and Family Agency Act 2013.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.

2. Interpretation

2. In this Act—

“Agency” means the Child and Family Agency established under section 7;

“annual budget” means the Financial Statement and associated material presented by the Minister for Finance to Dáil Éireann, and the estimates for Public Services presented by the Minister for Public Expenditure and Reform to Dáil Éireann, which set out the Government’s proposals for the year with regard to the raising of tax and other revenues and to public expenditure;

“Board” means the Board of the Agency;

“child” means a person under the age of 18 years other than a person who is or has been married;

“confidential information” means—

(a) information that is expressed by the Agency to be confidential either as regards particular information or as regards information of a particular class or description, or

(b) proposals of a commercial nature or tenders submitted to the Agency by any person;

“couple” means —

(a) a married couple,

(b) civil partners within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,

(c) a man and woman who are not married to each other but are cohabiting as husband and wife, or

(d) two persons of the same sex who are cohabiting in domestic circumstances comparable to that of a man and woman who are not married to each other but are cohabiting as husband and wife;

“dissolved body” means a body dissolved under section 71;

“document” means—

(a) a book, record or other written or printed material,

(b) a photograph,

(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and

(d) any audio or video recording;

F1["education welfare functions" means—

(a) in the case of the Agency, the functions of the Agency under the Education (Welfare) Act 2000 transferred to it bysection 72, and

(b) in the case of the Minister for Education, the functions of that Minister under the Education (Welfare) Act 2000;]

“establishment day” means the day appointed under section 6;

“family” means spouse, parent, grandparent, step-parent, child (including a step-child), grandchild, brother, sister, half-brother, half-sister, and any other person who, in the opinion of the Agency, has a bona fide interest in the child;

“local authority” means a local authority for the purposes of the Local Government Act 2001;

“Minister” means the Minister for Children and Youth Affairs;

“prescribed” means prescribed by regulations made by the Minister;

“public body” means—

(a) a Department of State,

(b) a local authority within the meaning of the Local Government Act 2001,

(c) any other entity established by or under any enactment (other than the Companies Acts), statutory instrument or charter or any scheme administered by a Minister of the Government,

(d) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government,

(e) a subsidiary (within the meaning of the Companies Acts) of such a company,

(f) an entity established or appointed by the Government or a Minister of the Government,

(g) any entity (other than one within paragraph (e)) that is directly or indirectly controlled by an entity within any of paragraphs (b) to (f), or

(h) an entity on which any functions are conferred by or under any enactment (other than the Companies Acts), statutory instrument or charter,

F2[(i) a designated institution of higher education within the meaning of the Higher Education Authority Act 2022 that falls under paragraph (a) of section 53(1) of that Act and that is also a funded body within the meaning of that Act;]

“service provider” means a person who enters into an arrangement under section 56 or 58;

“spouse” means each person of a couple in relation to the other.

3. Expenses

3. The expenses incurred by the Minister F3[and the Minister for Education] in the administration of this Act 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.

4. Regulations

4. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister 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 that House sits 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. The enactments specified in Schedule 3 are repealed.

PART 2 Child and Family Agency

6. Establishment day

6. The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

7. Establishment of Child and Family Agency

7. (1) There shall stand established on the establishment day a body which shall be known as An Ghníomhaireacht um Leanaí agus an Teaghlach or in the English language as the Child and Family Agency (in this Act referred to as the “Agency”)to perform the functions conferred on it by this Act.

(2) The Agency shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name.

8. Functions of Agency

8. (1) The functions of the Agency shall be to—

(a) perform the functions transferred to it by sections 72 and 82,

(b) support and promote the development, welfare and protection of children,

(c) support and encourage the effective functioning of families,

(d) maintain and develop support services, including support services in local communities, relating to the functions specified in paragraph (a), (b) or (c),

(e) carry on such activities or publish such information concerning the functions specified in paragraphs (a), (b), (c) and (d) as it considers appropriate,

(f) undertake or commission research into matters related to the functions specified in paragraphs (a), (b), (c) and (d) or into such other matters as the Minister F4[or the Minister for Education, having regard to the performance of that Minister’s education welfare functions,] may request, and

(g) provide information or advice, or make proposals, to the Minister on matters relating to the functions of the Agency F5[or the Minister for Education, in respect of the education welfare functions of the Agency].

(2) The functions specified in subsection (1)(b) include providing for the protection and care of children in circumstances where their parents have not given, or are unlikely to be able to give, adequate protection and care.

(3) Without prejudice to the generality of subsection (1), in supporting and encouraging the effective functioning of families pursuant to subsection (1)(c), the Agency shall provide—

(a) preventative family support services aimed at promoting the welfare of children,

(b) care and protection for victims of domestic, sexual or gender-based violence, whether in the context of the family or otherwise, and

(c) services relating to the psychological welfare of children and their families.

F6[(3A) The reference insubsection (3)(b)to the provision by the Agency of care and protection shall be construed as a reference to the provision by the Agency of care and protection other than such provision as shall be made by An Ghníomhaireacht um Fhoréigean Baile, Gnéasach agus Inscnebhunaithe in the performance of its functions under paragraphs (a), (b), (c) and (d) of section 6 (1) of the Domestic, Sexual and Gender-Based Violence Agency Act 2023.]

(4) The services referred to in subsection (3)(c) do not include—

(a) psychological services associated with the provision of specialist mental health services to children,

(b) adult psychological services other than services which relate to the effective functioning of families and the improvement of relationships between parents and children, including effective parenting,

(c) psychological services to a child in respect of a disability, or

(d) psychological assessments in accordance with section 8 of the Disability Act 2005 or with section 4 of the Education for Persons with Special Educational Needs Act 2004.

(5) The Agency shall, in the performance of its functions, demonstrate high standards of performance, transparency and accountability.

(6) The Agency shall collaborate with any person that the Agency considers appropriate in relation to any matter connected to the Agency’s functions.

(7) The Agency shall have all such powers as are necessary or expedient for, or incidental to, the performance of its functions.

(8) The Agency shall facilitate and promote enhanced inter-agency cooperation to ensure that services for children are co-ordinated and provide an integrated response to the needs of children and their families.

(9) In the performance of its functions, the Agency shall use the resources available to it in the most beneficial, effective and efficient manner.

(10) The Agency shall have power to acquire, receive on transfer, hold, sell, mortgage, lease, let or otherwise dispose of land, buildings or premises and to erect, alter or maintain buildings or premises.

(11) Subject to this Act, the Agency shall be independent in the performance of its functions.

(12) The Agency may perform any of its functions through or by any member of the staff of the Agency duly authorised in that behalf by the Agency.

9. Best interests and views of the child

9. (1) The Agency shall, when making decisions in relation to the performance of its functions under section 8(1)(a), (b) or (c), have regard to the best interests of the child in all matters.

(2) Notwithstanding the generality of subsection (1), the Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991 or the Adoption Act 2010, regard the best interests of the child as the paramount consideration.

(3) The Agency shall, when planning and reviewing the provision of services in connection with the performance of functions under section 8(1)(a), (b) or (c), ensure that consideration is given to the views of children.

(4) The Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991, the Education (Welfare) Act 2000, F7[theAdoption Act 2010, the Children First Act 2015 or]section 8(1)(c) or 8(3), ensure that the views of that individual child, where that child is capable of forming and expressing his or her own views, be ascertained and given due weight having regard to the age and maturity of the child.

10. Agreements between Agency and public bodies concerning performance of functions

10. (1) If any function of a public body should, in its opinion, be performed (whether generally or in a particular case) by the Agency and the Agency is able and willing to perform the function, the Agency and the public body may enter into an agreement for the Agency to perform the function on the public body’s behalf.

(2) If an agreement is entered into for the Agency to perform a function of a public body, the Agency may—

(a) perform the function on behalf of the public body in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the public body would be authorised by law to do if it performed the function.

(3) If any function of the Agency should, in its opinion be performed (whether generally or in a particular case) by a public body and that body is able and willing to perform the function, the public body and the Agency may enter into an agreement for the public body to perform the function on the Agency’s behalf.

(4) If an agreement is entered into for a public body to perform a function of the Agency, the public body may—

(a) perform the function on the Agency’s behalf in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the Agency would be authorised by law to do if it performed the function.

(5) An agreement under this section may contain terms and conditions relating to—

(a) the extent to which and the period for which a party to the agreement is authorised to perform the function of that other party to the agreement,

(b) the making of payments or the transfer of financial responsibility, and

(c) such other matters as are considered necessary to give effect to the agreement.

(6) An agreement under this section may provide for charges payable by the party on whose behalf the function is to be performed to the other party to the agreement.

(7) The power of a local authority to enter into an agreement under this section is a reserved function within the meaning of section 131 of the Local Government Act 2001, of a local authority.

11. Informal arrangements between Agency and public bodies concerning performance of functions

11. (1) If a public body is of the opinion that it would be convenient for duties relating to its functions to be carried out by an employee of the Agency, those duties may, without an agreement being entered into under section 10, be assigned by the Agency to any of its employees in the same way as duties relating to its functions.

(2) If the Agency is of the opinion that it would be convenient for duties relating to its functions to be carried out by an employee of a public body, those duties may, without an agreement being entered into under section 10, be assigned by the public body to any of its employees in the same way as duties relating to the functions of the public body.

(3) Duties assigned in accordance with this section shall be carried out by the employees to whom they are so assigned.

12. Seal of Agency

12. (1) The Agency shall provide itself with a seal as soon as may be after the establishment day.

(2) The seal of the Agency will be authenticated by—

(a) the signature of 2 members of the Board, or

(b) the signatures of both—

(i) a member of the Board, and

(ii) an employee of the Agency authorised by the Board to authenticate the seal.

(3) Judicial notice shall be taken of the seal of the Agency and every document purporting to be an instrument made by the Agency and sealed with the seal of the Agency authenticated in accordance with this section, shall, unless the contrary is shown, be received in evidence and be deemed to be that instrument without further proof.

13. Annual report

13. (1) Not later than 31 May in each year, the Agency shall prepare and adopt an annual report in relation to the performance of the Agency’s functions during the immediately preceding calendar year.

(2) An annual report shall include—

(a) a statement of the activities undertaken by the Agency,

(b) a report in relation to the implementation of the Agency’s corporate plan approved under section 42,

(c) a report in relation to the implementation of the Agency’s business plan submitted to the Minister F8[and the Minister for Education] under section 46,

(d) an indication of the Agency’s arrangements for implementing the code of governance prepared in accordance with section 50,

(e) particulars in relation to financial statements,

F9[(f) other particulars—

(i) that the Agency considers appropriate,

(ii) as the Minister after consulting the Minister for HealthF10[, the Minister for Education and the Minister for Justice]may require, and

(iii) as the Minister for Education, having regard to the performance of his or her education welfare functions and his or her functions under this Act, may require,

and]

(g) the report required by section 70.

(3) As soon as may be, but in any event not later than 21 days after adopting the annual report, the Agency shall submit a copy of the annual report to the Minister F11[and the Minister for Education].

(4) The Minister shall, within 21 days of receiving the annual report, cause copies of it to be laid before each House of the Oireachtas.

(5) The Agency shall publish the annual report—

(a) on the Internet, or

(b) in such other manner as the Minister may specify,

as soon as practicable after copies of the report are laid before the Houses of the Oireachtas.

(6) (a) The Minister may omit from a copy of an annual report laid before the Houses of the Oireachtas under subsection (4) any matter that would disclose confidential information.

(b) Where the Minister omits confidential information from a copy, he or she will insert in its place a statement that the matter has been omitted and a general description of the omitted matter.

14. Duty of Agency to furnish information

14. (1) The Agency shall—

(a) monitor and keep under review occurrences and developments concerning matters relating to its F12[functions,]

(b) without delay, furnish the Minister with information regarding—

(i) any occurrence or development that, in the opinion of the Agency, the Minister is likely to consider significant for the performance of his or her functions (whether under this Act or otherwise), or

(ii) any other occurrence or development that falls within a class of occurrences or developments of public interest or concern that has been specified in writing by the F12[Minister, and]

F13[(c) without delay, furnish the Minister for Education with information regarding—

(i) any occurrence or development that, in the opinion of the Agency, the Minister for Education is likely to consider significant for the performance of his or her functions (whether under this Act or otherwise), or