Children (Family Welfare Conference) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 549/2004
• Year: 2004

STATUTORY INSTRUMENTS.
S.I. No. 549 of 2004 .
CHILDREN (FAMILY WELFARE CONFERENCE) REGULATIONS 2004
S.I. No. 549 of 2004 .
CHILDREN (FAMILY WELFARE CONFERENCE) REGULATIONS, 2004
REGULATION
1. CITATION 2. COMMENCEMENT. 3. DEFINITIONS. 4. WELFARE OF CHILD. 5. CONVENING OF A FAMILY WELFARE CONFERENCE. 6. ATTENDANCE AT A FAMILY WELFARE CONFERENCE. 7. PROCEDURES OF A FAMILY WELFARE CONFERENCE. 8. RECORDS. 9. FUNCTIONS OF CHIEF EXECUTIVE OFFICER. 10. GENERAL DIRECTIONS BY THE MINISTER. EXPLANATORY NOTE
S.I. No. 549 of 2004 .
CHILDREN (FAMILY WELFARE CONFERENCE) REGULATIONS 2004
I, BRIAN LENIHAN, Minister of State at the Department of Health and Children, in exercise of the powers conferred on me by section 15 of the Children Act 2001 (No. 24 of 2001), which said powers are delegated to me by the Health and Children (Delegation of Ministerial Functions) Order of 2003 ( S.I. No. 474 of 2003 ), hereby make the following Regulations:—
	CITATION	1. These Regulations may be cited as the Children (Family Welfare Conference) Regulations 2004.
	COMMENCEMENT	2. These Regulations shall come into operation on the 24th day of September 2004.
	DEFINITIONS	3. In these regulations unless the context otherwise requires—
“coordinator” means a person appointed by a health board to convene a family welfare conference on its behalf and act as chairperson of that family welfare conference in accordance with section 7 of the Children Act 2001 ;
“family welfare conference” means a conference convened by a health board pursuant to section 7 of the Children Act 2001 ;
“guardian” means—
(a) any legal guardian of a child,
(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge or control over the child, or
(c) any person who has custody or care of a child by order of a court, but does not include a health board;
“guardian ad litem” means a person appointed as guardian ad litem by a court under Part V of the Child Care Act 1991 as amended by the Children Act 2001 ;
“health board” means a board established under section 4 of the Health Act 1970 and the Eastern Regional Health Authority established under the Health (Eastern Regional Health Authority) Act 1999 ;
“parents” in relation to a child, means—
(a) in case one parent has the sole custody, charge or care of the child, that parent,
(b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and
(c) in any other case, both parents;
“the Act” means the Children Act 2001 ;
“the Act of 1991 as amended” means the Child Care Act 1991 as amended by the Children Act 2001 ;
“The Minister” means the Minister for Health and Children;
“relative” in relation to a child, means a brother, sister, uncle or aunt or a spouse of the brother, sister, uncle or aunt or a grandparent or step-parent, of the child;
	WELFARE OF CHILD	4. In any matter relating to—
(a) the convening of a family welfare conference,
(b) the proceedings of a family welfare conference,
(c) inviting persons to attend a family welfare conference,
(d) drawing up recommendations in respect of a child,
the coordinator and the participants in the family welfare conference shall, 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 as far as is reasonably practicable and subject to the obligation on the part of the health board to promote the health, safety, development and welfare of the child, give due consideration, having regard to his or her age and understanding, to the wishes of the child.
	CONVENING OF A FAMILY WELFARE CONFERENCE	5. (1) Upon the appointment of a coordinator pursuant to Section 7 of the Act, the coordinator shall convene a family welfare conference and determine the date, time and place at which the family welfare conference is to be held.
(2) Before determining the date, time and place at which the family welfare conference is to be held, a coordinator shall, in as far as is reasonably practicable, consult the child in respect of whom the family welfare conference is being convened and his or her parents or guardian in relation to—
(a) the date, time and place at which the family welfare conference is to be held;
(b) subject to the provisions of section 9 of the Act and these regulations, the person who shall be entitled to attend the family welfare conference;
(c) subject to the provisions of section 10 of the Act and these regulations, the procedure to be adopted at the family welfare conference.
(3) Subject to the provisions of paragraph (2) a coordinator shall, as far as is reasonably practicable, ensure that those entitled to attend a family welfare conference are informed in writing of the date, time and place at which the family welfare conference is to be held.
(4) A health board shall, as far as is reasonably practicable, provide a coordinator with any information which is necessary for the proper functioning of the family welfare conference, which it may possess about a child in respect of whom a family welfare conference is being convened, and his or her family, before the family welfare conference is held.
(5) A family welfare conference may be adjourned from...