Child Care Act 1991

• Enactment Date: 10 July 1991
• Act Number: 17

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

---

Number 17 of 1991

---

CHILD CARE ACT 1991

REVISED

Updated to 21 September 2022

---

This Revised Act is an administrative consolidation of the Child Care Act 1991. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Child Care (Amendment) Act 2022 (Commencement) Order 2022 (S.I. No. 464 of 2022), made 15 September 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

---

Number 17 of 1991

---

CHILD CARE ACT 1991

REVISED

Updated to 21 September 2022

---

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Child Care Acts 1991 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Child Care (Amendment) Act 2022 (21/2022), s. 13(2)). The Acts in this group are:

• Child Care Act 1991 (17/1991)

• Children Act 2001 (24/2001), ss. 7-15 and 267

• Health Act 2004 (42/2004), s. 75 in so far as it amends the Child Care Acts 1991 and 2001

• Child Care (Amendment) Act 2007 (26/2007), s. 1(2), pt. 2 and s. 21 in so far as it amends the Child Care Acts 1991 and 2001

• Child Care (Amendment) Act 2011 (19/2011), ss. 1-26, 28-31, 34, 36, 46, 48

• Child Care (Amendment) Act 2013 (5/2013)

• Children and Family Relationships Act 2015 (9/2015), s. 175

• Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

• Child Care (Amendment) Act 2022 (21/2022), other than ss. 9, 10, 11, 12

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Child Care (Amendment) Act 2022 (21/2022)

• Childcare Support Act 2018 (11/2018)

• Domestic Violence Act 2018 (6/2018)

• Child Care (Amendment) Act 2015 (45/2015)

• Children and Family Relationships Act 2015 (9/2015)

• Child and Family Agency Act 2013 (40/2013)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Child Care (Amendment) Act 2013 (5/2013)

• Child Care (Amendment) Act 2011 (19/2011)

• Adoption Act 2010 (21/2010)

• Child Care (Amendment) Act 2007 (26/2007)

• Health Act 2007 (23/2007)

• Health Act 2004 (42/2004)

• Mental Health Act 2001 (25/2001)

• Children Act 2001 (24/2001)

• Children Act 1997 (40/1997)

• Refugee Act 1996 (17/1996)

• Domestic Violence Act 1996 (1/1996)

All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Child Care Act 1991 (Early Years Services) (Registration of School Age Services) (Amendment) Regulations 2022 (S.I. No. 196 of 2022)

• Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2022 (S.I. No. 195 of 2022)

• Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2021 (S.I. No. 401 of 2021)

• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2021 (S.I. No. 42 of 2021)

• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2021 (S.I. No. 41 of 2021)

• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 541 of 2020)

• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 2) Regulations 2020 (S.I. No. 540 of 2020)

• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 313 of 2020)

• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) (No. 1) Regulations 2020 (S.I. No. 312 of 2020)

• Child Care (Placement of Children with Relatives) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2020 (S.I. No. 171 of 2020)

• Child Care (Placement of Children in Foster Care) (Emergency Measures in the Public Interest - Covid-19) (Amendment) Regulations 2020 (S.I. No. 170 of 2020)

• Child Care Act 1991 (Early Years Services) (Registration Of School Age Services) (Amendment) Regulations 2019 (S.I. No. 58 of 2019)

• Child Care Act 1991 (Early Years Services) (Registration of School Age Services) Regulations 2018 (S.I. No. 575 of 2018)

• European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)

• Child Care Act 1991 (Early Years Services) (Amendment) Regulations 2016 (S.I. No. 632 of 2016)

• Child Care Act 1991 (Early Years Services) Regulations 2016 (S.I. No. 221 of 2016)

• Child Care (Placement of Children with Relatives) (Amendment) Regulations 2015 (S.I. No. 607 of 2015)

• Child Care (Placement of Children in Foster Care) (Amendment) Regulations 2015 (S.I. No. 606 of 2015)

• Child Care (Placement of Children in Residential Care) (Amendment) Regulations 2015 (S.I. No. 605 of 2015)

• Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013)

• Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)

• Child Care Act 1991 (Section 29(7)) Regulations (S.I. No. 467 of 2012)

• Supreme Court and High Court (Fees) Order 2012 (S.I. No. 110 of 2012)

• Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Supreme Court and High Court (Fees) Order 2011 (S.I. No. 406 of 2011)

• Supreme Court and High Court (Fees) Order 2008 (S.I. No. 200 of 2008)

• Child Care (Pre-School Services) (No2) (Amendment) Regulations 2006 (S.I. No. 643 of 2006)

• Child Care (Pre-School Services) (No2) Regulations 2006 (S.I. No. 604 of 2006)

• Child Care (Pre-School Services) Regulations 2006 (S.I. No. 505 of 2006)

• Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

• Supreme Court and High Court (Fees) Order 2005 (S.I. No. 70 of 2005)

• Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 2004 (S.I. No. 863 of 2004)

• Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)

• Child Care Act 1991 (Commencement) Order 2004 (S.I. No. 547 of 2004)

• Supreme Court and High Court (Fees) Order 2004 (S.I. No. 444 of 2004)

• Child Care (Pre-School Services) (Amendment) Regulations 1997 (S.I. No. 268 of 1997)

• Child Care Act 1991 (Commencement) Order 1996 (S.I. No. 399 of 1996)

• Child Care (Pre-School Services) Regulations 1996 (S.I. No. 398 of 1996)

• Child Care (Standards in Children’s Residential Centres) Regulations 1996 (S.I. No. 397 of 1996)

• Child Care (Placement of Children With Relatives) Regulations 1995 (S.I. No. 261 of 1995)

• Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995)

• Child Care (Placement of Children in Residential Care) Regulations 1995 (S.I. No. 259 of 1995)

• Child Care Act 1991 (Commencement) Order 1995 (S.I. No. 258 of 1995)

• Child Care Act 1991 (Commencement) (No. 3) Order 1992 (S.I. No. 349 of 1992)

• Child Care Act 1991 (Commencement) (No. 2) Order 1992 (S.I. No. 264 of 1992)

• Child Care Act 1991 (Children’s Residential Centres) (Superannuation) (No. 2) Order 1992 (S.I. No. 125 of 1992)

• Child Care Act 1991 (Children’s Residential Centres) (Superannuation) Order 1992 (S.I. No. 124 of 1992)

• Child Care Act 1991 (Commencement) Order 1992 (S.I. No. 123 of 1992)

• Child Care Act 1991 (Commencement) Order (S.I. No. 292 of 1991)

All statutory instruments up to and including Child Care (Amendment) Act 2022 (Commencement) Order 2022 (S.I. No. 464 of 2022), made 15 September 2022, were considered in the...