Children First Act 2015

• Jurisdiction: Ireland
• Citation: IR No. 36/2015

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
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Number 36 of 2015

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CHILDREN FIRST ACT 2015

REVISED

Updated to 28 June 2019

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This Revised Act is an administrative consolidation of the Children First Act 2015. 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 Copyright and Other Intellectual Property Law Provisions Act 2019 (19/2019), enacted 26 June 2019, and all statutory instruments up to and including Health Service Executive (Governance) Act 2019 (Commencement) Order 2019 (S.I. No. 283 of 2019), made 27 June 2019, 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.

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Number 36 of 2015

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CHILDREN FIRST ACT 2015

REVISED

Updated to 28 June 2019

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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 passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

• Health Service Executive (Governance) Act 2019 (17/2019)

• Criminal Law (Sexual Offences) Act 2017 (2/2017)

All Acts up to and including Copyright and Other Intellectual Property Law Provisions Act 2019 (19/2019), enacted 26 June 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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

• Children First Act 2015 (Commencement) Order 2017 (S.I. No. 470 of 2017)

• Children First Act 2015 (Commencement) Order 2016 (S.I. No. 211 of 2016)

• Children First Act 2015 (Commencement) Order 2015 (S.I. No. 555 of 2015)

All statutory instruments up to and including Health Service Executive (Governance) Act 2019 (Commencement) Order 2019 (S.I. No. 283 of 2019), made 27 June 2019, were considered in the preparation of this revision.

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Number 36 of 2015

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Children First Act 2015

REVISED

Updated to 28 June 2019

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Acts Referred to

Adoption Act 2010 (No. 21)

Child and Family Agency Act 2013 (No. 40)

Child Care Act 1991 (No. 17)

Child Trafficking and Pornography Act 1998 (No. 22)

Children Act 2001 (No. 24)

Companies Acts

Criminal Justice (Community Service) Act 1983 (No. 23)

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (No. 24)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Dentists Act 1985 (No. 9)

Education Act 1998 (No. 51)

Employment Agency Act 1971 (No. 27)

Health Act 2007 (No. 23)

Health and Social Care Professionals Act 2005 (No. 27)

Medical Practitioners Act 2007 (No. 25)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47)

Non-Fatal Offences Against the Person Act 1997 (No. 26)

Nurses and Midwives Act 2011 (No. 41)

Ombudsman for Children Act 2002 (No. 22)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vic, c. 93)

Protections for Persons Reporting Child Abuse Act 1998 (No. 49)

Punishment of Incest Act 1908 (8 Edw. 7, c. 45)

Youth Work Act 2001 (No. 42)

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Number 36 of 2015

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CHILDREN FIRST ACT 2015

REVISED

Updated to 28 June 2019

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An Act for the purposes of making further and better provision for the care and protection of children and for those purposes to require the preparation, by certain providers of services to children, of child safeguarding statements; to require certain persons to make reports to the Child and Family Agency in respect of children in certain circumstances; to require certain persons to assist the Child and Family Agency in certain circumstances; to provide for the establishment of the Children First Inter-Departmental Implementation Group; to make provision for the preparation of sectoral implementation plans by Departments of State; to provide for the abolition of the common law defence of reasonable chastisement and, for that purpose, to amend the Non-Fatal Offences Against the Person Act 1997; and to provide for related matters.

[19 th November, 2015]

Be it enacted by the Oireachtas as follows:

Annotations

Modifications (not altering text):

C1

Application of Act extended (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 10(3), in effect as per reg. 1(2).

Unaccompanied minors

10. ...

(3) The Child Care Act 1991 as amended, the Child and Family Agency Act 2013, the Children First Act 2015 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply to unaccompanied minors.

...

PART 1

Preliminary and General

1.

Short title and commencement

1. (1) This Act may be cited as the Children First Act 2015.

(2) This Act 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 provisions.

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (11.12.2017) by Children First Act 2015 (Commencement) Order 2017 (S.I. No. 470 of 2017.

2. The 11th day of December 2017 is appointed as the day on which the Children First Act 2015 (No. 36 of 2015), insofar as it is not already in operation, shall come into operation.

E2

Power pursuant to subs. (2) exercised (1.05.2016) by Children First Act 2015 (Commencement) Order 2016 (S.I. No. 211 of 2016).

2. The 1st day of May 2016 is appointed as the day on which—

(a) section 18, and

(b) sections 20 to 26,

of the Children First Act 2015 (No. 36 of 2015) shall come into operation.

E3

Power pursuant to subs. (2) exercised (11.12.2015) by Children First Act 2015 (Commencement) Order 2015 (S.I. No. 555 of 2015).

2. The 11th day of December 2015 is appointed as the day on which—

(a) sections 1 to 5, and

(b) section 28,

of the Children First Act 2015 (No. 36 of 2015) shall come into operation.

2.

Definitions

2. In this Act—

“Agency” means the Child and Family Agency;

“authorised person” has the meaning assigned to it by section 15(1);

“child” has the same meaning it has in section 2 of the Child Care Act 1991;

“child safeguarding statement” has the meaning assigned to it by section 11(1);

“enactment” means a statute or an instrument made under a power conferred by statute;

“harm” means, in relation to a child—

(a) assault, ill-treatment or neglect of the child in a manner that seriously affects or is likely to seriously affect the child’s health, development or welfare, or

(b) sexual abuse of the child,

whether caused by a single act, omission or circumstance or a series or combination of acts, omissions or circumstances, or otherwise;

“Implementation Group” has the meaning assigned to it by section 20;

“ill-treatment” means, in relation to a child, to abandon or cruelly treat the child, or to cause or procure or allow the child to be abandoned or cruelly treated;

“mandated person” means a person who is a person specified in Schedule 2;

“mandated report form” has the meaning assigned to it by section 14(6);

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

“neglect” means, in relation to a child, to deprive the child of adequate food, warmth, clothing, hygiene, supervision, safety or medical care;

“prescribed” means prescribed by regulations made by the Minister under section 3;

“relevant service” means any work or activity specified in Schedule 1;

“sectoral implementation plan” has the meaning assigned to it by section 27(1);

“sexual abuse” means, in relation to a child—

(a) an offence against the child, specified in Schedule 3,

(b) F1[…]

(c) F1[…]

“welfare” includes, in relation to a child, the moral, intellectual, physical, emotional and social welfare of the child.

Annotations

Amendments:

F1

Deleted (27.03.2017) by Criminal Law (Sexual Offences) Act...