Child care act, 1991

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

Number 17 of 1991
CHILD CARE ACT, 1991
ARRANGEMENT OF SECTIONS
Section 1. Short title and commencement. 2. Interpretation.
PART II
Promotion of Welfare of Children
3. Functions of health boards. 4. Voluntary care. 5. Accommodation for homeless children. 6. Provision of adoption service. 7. Child care advisory committees. 8. Review of services. 9. Provision of services by voluntary bodies and other persons. 10. Assistance for voluntary bodies and other persons. 11. Research.
PART III
Protection of Children in Emergencies
12. Power of Garda Síochána to take a child to safety. 13. Emergency care order. 14. Notification to be given by health board. 15. Provision of accommodation for purposes of Part III.
PART IV
Care Proceedings
16. Duty of health board to institute proceedings. 17. Interim care order. 18. Care order. 19. Supervision order. 20. Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc. 21. Effect of appeal from orders. 22. Variation or discharge of orders etc. 23. Powers of court in case of invalidity of orders.
PART V
Jurisdiction and Procedure
24. Welfare of child to be paramount. 25. Power of court to join child as a party and costs of child as a party. 26. Appointment of guardian ad litem for a child. 27. Power to procure reports on children. 28. Jurisdiction. 29. Hearing of proceedings. 30. Power to proceed in absence of child. 31. Prohibition on publication or broadcast of certain matters. 32. Presumption and determination of age. 33. Rules of court. 34. Failure or refusal to deliver up a child. 35. Warrant to search for and deliver up a child.
PART VI
Children in the Care of Health Boards
36. Accommodation and maintenance of children in care. 37. Access to children in care. 38. Provision of residential care by health boards. 39. Regulations as to foster care. 40. Regulations as to residential care. 41. Regulations as to placement with relatives. 42. Review of cases of children in care. 43. Removal from placement. 44. Children who become adopted. 45. Aftercare. 46. Recovery of children removed from care etc. 47. Application for directions. 48. Transitional provisions.
PART VII
Supervision of Pre-School Services
49. Definitions for Part VII. 50. Regulations as to pre-school services. 51. Giving of notice to health board. 52. Duty of person carrying on pre-school service. 53. Supervision of pre-school services. 54. Authorised persons. 55. Inspection by authorised persons. 56. Provision by health boards of pre-school services and information. 57. Offences under Part VII. 58. Exemptions from provisions of this Part.
PART VIII
Children's Residential Centres
59. Definitions for Part VIII. 60. Prohibition of unregistered children's residential centres. 61. Registration of children's residential centres. 62. Appeals. 63. Regulations in relation to children's residential centres. 64. Offences under Part VIII. 65. Discontinuance of centre. 66. Superannuation of certain staff. 67. Transitional provisions.
PART IX
Administration
68. Regulations. 69. Powers of the Minister. 70. Charges for certain services. 71. Prosecution of offences. 72. Functions of chief executive officer. 73. Expenses.
PART X
Miscellaneous and Supplementary
74. Sale etc. of solvents. 75. Amendment of section 17 of the School Attendance Act, 1926. 76. Amendment of section 15 of the Guardianship of Infants Act, 1964. 77. Amendment of section 16 of the Guardianship of Infants Act, 1964. 78. Maintenance — saver in relation to members of Defence Forces. 79. Repeals.
SCHEDULE
Enactments Repealed
Acts Referred to Adoption Act, 1952 1952, No. 25 Adoption Act, 1964 1964, No. 2 Adoption Acts, 1952 to 1988 Children Act, 1908 8 Edw. 7, c. 67 Children Act, 1934 1934, No. 15 Children Act, 1941 1941, No. 12 Children (Amendment) Act, 1957 1957, No. 28 Children (Employment Abroad) Act, 1913 3 & 4 Geo. 5, c. 7 Courts Act, 1964 1964, No. 11 Courts Act, 1971 1971, No. 36 Defence Act, 1954 1954, No. 11 Guardianship of Infants Act, 1964 1964, No. 7 Health Act, 1953 1953, No. 26 Health Act, 1970 1970, No. 1 Health Acts, 1947 to 1986 Health (Amendment) Act, 1987 1987, No. 3 Interpretation Act, 1937 1937, No. 38 Judicial Separation and Family Law Reform Act, 1989 1989, No. 6 Local Government (Superannuation) Act, 1980 1980, No. 8 Mental Treatment Acts, 1945 to 1966 Misuse of Drugs Acts, 1977 and 1984 Prevention of Cruelty to Children Act, 1904 4 Edw. 7, c. 15 Petty Sessions (Ireland) Act, 1851 14 & 15 Vict., c. 93 Public Offices Fees Act, 1879 42 & 43 Vict., c. 58 School Attendance Act, 1926 1926, No. 17
Number 17 of 1991
CHILD CARE ACT, 1991
AN ACT TO PROVIDE FOR THE CARE AND PROTECTION OF CHILDREN AND FOR RELATED MATTERS. [10th July, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary
	Short title and commencement.	1.—(1) This Act may be cited as the Child Care Act, 1991.
	(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.
	Interpretation.	2.—(1) In this Act, except where the context otherwise requires—
	“area”, in relation to a health board, means functional area;
	“child” means a person under the age of 18 years other than a person who is or has been married;
	“functions” includes powers and duties;
	“health board” means a health board established under the Health Act, 1970 ;
	“the Minister” means the Minister for Health;
	“parents” includes a surviving parent and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1988, or, where the child has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State, means the adopter or adopters or the surviving adopter;
	“prescribed” means prescribed by regulations made by the Minister.
	(2) In this Act—
	(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that a reference to some other enactment is intended;
	(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;
	(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.
PART II Promotion of Welfare of Children
	Functions of health boards.	3.—(1) It shall be a function of every health board to promote the welfare of children in its area who are not receiving adequate care and protection.
	(2) In the performance of this function, a health board shall—
	(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children in its area;
	(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—
	(i) regard the welfare of the child as the first and paramount consideration, and
	(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and
	(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.
	(3) A health board shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69 .
	(4) The provisions of the Health Acts, 1947 to 1986, and the Health (Amendment) Act, 1987 , shall apply in relation to the functions of health boards and their officers under this Act and the powers of the Minister under those Acts shall have effect accordingly as if those Acts and this Act were one Act.
	Voluntary care.	4.—(1) Where it appears to a health board that a child who resides or is found in its area requires care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of the health board to take him into its care under this section.
	(2) Without prejudice to the provisions of Parts III , IV and VI , nothing in this section shall authorise a health board to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in...