Child Care (Amendment) Act 2011

Child Care (Amendment) Act 2011 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2011 Child Care (Amendment) Act 2011 Child Care (Amendment) Act 2011 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 19 of 2011 CHILD CARE (AMENDMENT) ACT 2011 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citations and commencement. 2. Interpretation. PART 2 Amendment of Principal Act 3. Amendment of section 2 of Principal Act. 4. Amendment of section 3 of Principal Act. 5. Amendment of section 4 of Principal Act. 6. Amendment of section 9 of Principal Act. 7. Amendment of section 12 of Principal Act. 8. Amendment of section 18 of Principal Act. 9. Amendment of section 19 of Principal Act. 10. Amendment of Part IVA of Principal Act. 11. Amendment of section 24 of Principal Act. 12. Amendment of section 25 of Principal Act. 13. Amendment of section 26 of Principal Act. 14. Amendment of section 27 of Principal Act. 15. Amendment of section 28 of Principal Act. 16. Amendment of section 30 of Principal Act. 17. Amendment of section 31 of Principal Act. 18. Amendment of section 32 of Principal Act. 19. Amendment of section 33 of Principal Act. 20. Amendment of section 36 of Principal Act. 21. Amendment of section 37 of Principal Act. 22. Amendment of section 42 of Principal Act. 23. Amendment of section 45 of Principal Act. 24. Amendment of section 46 of Principal Act. 25. Amendment of section 47 of Principal Act. 26. Amendment of section 69 of Principal Act. PART 3 Amendment of Act of 2001 27. Amendment of section 3 of Act of 2001. 28. Amendment of section 7 of Act of 2001. 29. Amendment of section 8 of Act of 2001. 30. Amendment of section 10 of Act of 2001. 31. Amendment of section 13 of Act of 2001. 32. Amendment of section 71 of Act of 2001. 33. Amendment of section 77 of Act of 2001. 34. Amendment of section 267 of Act of 2001. PART 4 Amendment of Act of 2004 35. Amendment of Part 7A of Act of 2004. PART 5 Amendment of Act of 2007 36. Amendment of Act of 2007. PART 6 Dissolution of Children Acts Advisory Board 37. Definition. 38. Dissolution of Board. 39. Transfer of rights and liabilities. 40. Transfer of certain property. 41. Final accounts. 42. Preparation of final report. 43. Pending legal proceedings. 44. Transfer of staff of Board. 45. Expenses. 46. Amendment of Principal Act. 47. Repeal. PART 7 Miscellaneous 48. Transitional provisions. 49. Amendment of Adoption Act 2010. Acts Referred to Adoption Act 2010 2010, No. 21 Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 2001, No. 19 Child Care (Amendment) Act 2007 2007, No. 26 Child Care Act 1991 1991, No. 17 Child Care Acts 1991 to 2007 Children Act 2001 2001, No. 24 Children Acts 2001 to 2007 Civil Service Regulation Acts 1956 to 2005 Courts Act 1971 1971, No. 36 Criminal Justice Act 2006 2006, No. 26 Ethics in Public Office Acts 1995 to 2001 Guardianship of Infants Act 1964 1964, No. 7 Health Act 2004 2004, No. 42 Health Act 2007 2007, No. 23 Health Acts 1947 to 2010 Health (Amendment) Act 2010 2010, No. 15 Maternity Protection Acts 1994 and 2004 Mental Health Act 2001 2001, No. 25 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Acts 1998 and 2006 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Public Service Management (Recruitment and Appointments) Act 2004 2004, No. 32 Redundancy Payments Acts 1967 to 2007 Terms of Employment (Information) Acts 1994 and 2001 Unfair Dismissals Acts 1977 to 2007 Number 19 of 2011 CHILD CARE (AMENDMENT) ACT 2011 AN ACT TO AMEND AND EXTEND THE CHILD CARE ACT 1991; TO MAKE FURTHER PROVISION IN RELATION TO THE CARE AND PROTECTION OF CHILDREN; TO AMEND THE CHILDREN ACT 2001; THE HEALTH ACT 2004 AND THE HEALTH ACT 2007; TO PROVIDE FOR THE DISSOLUTION OF THE CHILDREN ACTS ADVISORY BOARD AND THE TRANSFER OF ITS ASSETS, LIABILITIES AND EMPLOYEES TO THE MINISTER FOR HEALTH; TO REPEAL PART 11 OF THE CHILDREN ACT 2001; TO AMEND THE ADOPTION ACT 2010; AND TO PROVIDE FOR RELATED MATTERS. [31st July, 2011] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, collective citations and commencement. 1.— (1) This Act may be cited as the Child Care (Amendment) Act 2011. (2) The Child Care Acts 1991 to 2007 and this Act, other than sections 27 , 32 , 33 , 35 , 36 , 37 to 45 , 47 and 49 may be cited together as the Child Care Acts 1991 to 2011. (3) The Children Acts 2001 to 2007, sections 27 , 32 , 33 , 37 to 45 and 47 may be cited together as the Children Acts 2001 to 2011. (4) The Health Acts 1947 to 2010 and sections 35 and 36 may be cited together as the Health Acts 1947 to 2011. (5) The Adoption Act 2010 and section 49 may be cited together as the Adoption Acts 2010 and 2011. (6) This Act, other than sections 7 and 49 , 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 different provisions. Interpretation. 2.— In this Act— “Act of 2001” means the Children Act 2001 ; “Act of 2004” means the Health Act 2004 ; “Act of 2007” means the Health Act 2007 ; “Minister” means the Minister for Health; “Principal Act” means the Child Care Act 1991 . PART 2 Amendment of Principal Act Amendment of section 2 of Principal Act. 3.— Section 2 (as amended by the Act of 2007) of the Principal Act is amended in subsection (1)— (a) by inserting the following definitions: “ ‘Act of 2001’ means the Children Act 2001 ; ‘interim special care order’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ‘special care’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ‘special care order’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011); ‘special care unit’ has the meaning assigned to it by Part IVA (as amended by the Child Care (Amendment) Act 2011).”; and (b) in the definition of “children’s residential centre” (inserted by the Act of 2007), by inserting the following paragraph after paragraph (d) of that definition: “(da) a special care unit,”. Amendment of section 3 of Principal Act. 4.— Section 3 of the Principal Act is amended by deleting subsection (4). Amendment of section 4 of Principal Act. 5.— Section 4 (as amended by the Act of 2004) of the Principal Act is amended in subsection (2), by inserting “, IVA (as amended by the Child Care (Amendment) Act 2011)” after “IV”. Amendment of section 9 of Principal Act. 6.— Section 9 (as amended by the Act of 2004) of the Principal Act is amended, in subsection (2), by substituting “IV, IVA (as amended by the Child Care (Amendment) Act 2011)” for “IV”. Amendment of section 12 of Principal Act. 7.— Section 12 (as amended by the Act of 2004) of the Principal Act is amended— (a) in subsection (1)(b) by inserting “or an application for a warrant under section 35” after “under section 13”, and (b) in subsection (4) by inserting “or an order referred to in section 35 has been made in respect of the child” after “person acting in loco parentis”. Amendment of section 18 of Principal Act. 8.— Section 18 (as amended by the Act of 2004) of the Principal Act is amended by inserting the following subsections after subsection (8): “(9) Where a care order— (a) has been made in respect of a child and— (i) during the period for which the care order has effect a special care order or an interim special care order is made in respect of the child, and (ii) the care order ceases to have effect during the period for which the special care order or interim special care order has effect, or (b) has not been made in respect of a child and a special care order or an interim special care order has been made in respect of that child, the Health Service Executive may apply for a care order in respect of that child during the period for which the special care order or interim special care order has effect. (10) Where the District Court makes a care order, pursuant to the application referred to in subsection (9), during the period for which the special care order or interim special care order has effect, it shall direct that the care order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.”. Amendment of section 19 of Principal Act. 9.— Section 19 (as amended by the Act of 2004) of the Principal Act is amended by inserting the following subsections after subsection (7): “(8) Where a supervision order— (a) has been made in respect of a child and— (i) during the period for which the supervision order has effect a special care order or an interim special care order is made in respect of the child, and (ii) the supervision order ceases to have effect during the period for which the special care order or interim special care order has effect, or (b) has not been made in respect of a child and a special care order or interim special care order has been made in respect of that child, the Health Service Executive may apply for a supervision order in respect of that child during the period for which the special care order or interim special care order has effect. (9) Where the District Court makes the supervision order, pursuant to the application referred to in subsection (8), during the period for which the special care order or interim special care order has effect, it shall direct that the supervision order shall take effect immediately following the expiration of the special care order or, as the case may be, interim special care order.”. Amendment of Part IVA of Principal Act. 10.— Part IVA of the Principal Act (inserted by the Act of 2001) is amended by substituting the following Part for Part IVA— “PART IVA Provision of special care in special care units Interpretation. 23A.— In this Part— ‘Act of 2007’ means the Health Act 2007 ; ‘care requirements’ means the care a child requires having regard to his or her behaviour; ‘Children Act order’ means— (a) a reprimand referred to in section 98 of the Act of 2001, (b) an order referred to in paragraph (a), (b), (c), (d), (e) or (f) of section 98 of the Act of 2001, or (c) a community sanction referred to in paragraph (a), (b), (c) or (d) of section 115 of the Act of 2001 and such sanction is not subject to a condition referred to in paragraph (d) of section 117 of the Act of 2001; ‘children detention order’ has the meaning assigned to it by section 3 of the Act of 2001; ‘custodial sentence’ means— (a) a children detention order but does not include a children detention order the making of which has been deferred under section 144 of the Act of 2001, (b) a detention and supervision order referred to in section 151 of the Act of 2001, or (c) a sentence referred to in section 155 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001; ‘family welfare conference’ has the meaning assigned to it by the Act of 2001; ‘guardian’, in relation to a child, means a person who— (a) is a guardian of a child pursuant to the Guardianship of Infants Act 1964 , or (b) is appointed to be a guardian of the child by— (i) deed or will, or (ii) order of a court in the State, and has not been removed from office; ‘interim special care order’ means an order made under section 23L; ‘relative’ has the meaning assigned to it in section 23O (inserted by the Act of 2001); ‘special care’ shall be construed in accordance with section 23C; ‘special care order’ means an order made under section 23H; ‘special care unit’ means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care; ‘suspended custodial sentence’ means a custodial sentence which does not take effect immediately it is imposed and does not include— (a) a children detention order the making of which has been deferred under section 144 of the Act of 2001, or (b) a period of detention which has been suspended under section 144(9)(b) of the Act of 2001. Provision of special care and special care units. 23B.— (1) The Health Service Executive shall provide special care to a child in respect of whom a special care order or an interim special care order has been made for the period for which that special care order or interim special care order has effect. (2) The Health Service Executive shall not detain a child in a special care unit unless the detention is pursuant to, and in accordance with, a special care order or an interim special care order made in respect of that child or the High Court has otherwise ordered. (3) The Health Service Executive shall— (a) provide special care units, and (b) maintain and administer special care units provided by it under paragraph (a), and shall comply with regulations, if any, made under the Act of 2007 in relation to special care units and standards, if any, set out under section 8(1)(b) of the Act of 2007. (4) Notwithstanding subsection (3) and subject to subsection (5), the Health Service Executive may, for the purposes of this Part, enter into an arrangement with a person under section 38 (as amended by the Act of 2007) of the Health Act 2004 in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit. (5) Without prejudice to the generality of section 38 (as amended by the Act of 2007) of the Health Act 2004 and to any term, condition of or other matter relating to an arrangement under that section as the Health Service Executive, in accordance with that section, considers appropriate, for the purposes of this Part— (a) the provisions specified in subsection (6) shall apply to a person with whom that arrangement is entered into, (b) the Health Service Executive, in relation to an arrangement referred to in subsection (4), shall— (i) supervise and monitor the special care unit provided, maintained and administered under the arrangement and the provision of special care in that unit, and (ii) establish procedures for the notification to it of the release of a child pursuant to and in accordance with section 23NF(9), (c) where a child, in respect of whom a special care order or an interim special care order has been made— (i) is, without lawful authority or the consent or the knowledge of the Health Service Executive or the person with whom such arrangement is entered into, removed from a special care unit provided pursuant to such arrangement, (ii) absconds from a special care unit provided pursuant to such arrangement, (iii) fails to return, or is prevented from returning, to a special care unit provided pursuant to such arrangement, or (iv) is missing or is otherwise absent, without the consent or knowledge of the Health Service Executive or the person with whom such arrangement has been entered into, from a special care unit provided pursuant to such arrangement or place to which he or she has been released in accordance with section 23NF or 23NG, the person with whom such arrangement has been entered into shall forthwith inform the Health Service Executive, (d) guidelines prepared and published by the Health Service Executive under section 23NO in respect of the procedures referred to in paragraphs (a) and (c) of that section shall apply to a person with whom such arrangement has been entered into, and (e) nothing in that arrangement or this Act shall be construed as permitting the person, with whom the arrangement referred to in subsection (4) was entered into, to apply for— (i) a special care order or an interim special care order, (ii) an extension, discharge or variation of such order, or (iii) the release of the child under section 23NF(1) or 23NG, or to make an application to the High Court in respect of proceedings under or pursuant to this Part. (6) The provisions referred to in subsection (5)(a) are— (a) subsections (1), (2) and (3), (b) subsections (1) and (5) of section 23D, (c) section 23E(6), (d) paragraphs (b) and (f) of subsection (1) of section 23ND, and (e) paragraphs (a) and (b) of subsection (9) of section 23NF. Special care. 23C.— In this Part ‘special care’ means the provision, to a child, of— (a) care which addresses— (i) his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare, and (ii) his or her care requirements, and includes medical and psychiatric assessment, examination and treatment, and (b) educational supervision, in a special care unit in which the child is detained and requires for its provision a special care order or an interim special care order directing the Health Service Executive to detain the child in a special care unit, which the Health Service Executive considers appropriate for the child, for the purpose of such provision and may, during the period for which the special care order or interim special care order has effect, include the release of the child from the special care unit— (i) in accordance with section 23NF, and (ii) where the release is required for the purposes of section 23D or 23E, in accordance with section 23NG. Criminal proceedings and provision of special care. 23D.— (1) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, subject to subsection (6) and section 23E, nothing in this Act shall be construed as preventing the Health Service Executive from providing special care to such child in accordance with a special care order or an interim special care order. (2) Without prejudice to the generality of subsection (1), subject to subsection (6) and section 23E— (a) where a child is charged with an offence and the proceedings in respect of that charge have not been determined, nothing in this Act shall be construed as preventing— (i) the Health Service Executive from applying for a special care order or an interim special care order and, where the order is made in respect of that child, from applying for an extension of that order under section 23J or, as the case may be, section 23N, in respect of that child, or (ii) the High Court from hearing and determining an application referred to in subparagraph (i), and (b) where a special care order or an interim special care order has been made in respect of a child and that child is charged with an offence during the period for which a special care order or an interim special care order has effect, nothing in this Act shall be construed as— (i) requiring the special care order or interim special care order to be discharged, (ii) preventing the Health Service Executive from making an application to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect, or (iii) preventing the High Court from hearing and determining an application referred to in subparagraph (ii), before the proceedings in respect of that charge are determined and the Health Service Executive shall, as soon as practicable, inform the Court hearing that charge that the child is the subject of a special care order, or an interim special care order, and of the period for which the order has effect. (3) Where a child is charged with an offence and the proceedings in respect of that charge have not been determined, without prejudice to section 24, when considering— (a) an application for a special care order or an interim special care order in respect of that child, (b) an application, in respect of that child, to extend the period for which— (i) under and in accordance with section 23J, the special care order has effect, or (ii) under and in accordance with section 23N, the interim special care order, has effect, or (c) an application under section 23NG, in respect of that child, to vary the special care order or interim special care order to authorise the release of a child from a special care unit for the purposes of the hearing of that charge and any other matter relating to the conduct of the proceedings in which that charge is heard, the High Court shall have regard, at all times, to the rights of the child who is the subject of that application including his or her rights in the proceedings in which that charge is heard and without prejudice to the generality of the foregoing, the High Court shall not make, or vary, such order or extend such period or give a direction in respect of such order, extension or variation which would prejudice, or otherwise interfere with, the rights of the child in the proceedings in which that charge is heard and the conduct of those proceedings. (4) Where the Health Service Executive makes an application— (a) for a special care order or an interim special care order, or (b) to extend the period for which— (i) under section 23J, the special care order has effect, or (ii) under section 23N, the interim special care order has effect, in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the Health Service Executive shall— (i) inform the High Court of— (I) that charge and those proceedings, (II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of the hearing of that charge and the conduct of those proceedings, and (III) without prejudice to the generality of subparagraph (II), any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of subsection (5)(b) and (5)(c), and (ii) inform the Court hearing that charge— (I) of the application referred to in paragraph (a) and, where the High Court makes a special care order or an interim special care order, to inform the Court hearing that charge that the order concerned was made and the period for which it has effect, or (II) of the application referred to in paragraph (b) and where the order has been extended, to inform the Court hearing that charge of the period for which that order was extended. (5) Where a special care order or an interim special care order has been made in respect of a child who is charged with an offence and the proceedings in respect of that charge have not been determined, the Health Service Executive shall— (a) convey the child to the Court hearing that charge, (b) provide the child with access to the solicitor and counsel representing the child in the proceedings relating to that charge, and (c) convey the child to any other place, or provide the child with access to any other person for the purposes of the representation of that child in, or any other matter relating to the hearing, or conduct, of those proceedings in respect of that charge. (6) Where a child referred to in paragraph (a) or (b) of subsection (2) is remanded in custody, whether pursuant to section 88 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001 or otherwise, before the proceedings in respect of that charge are heard and determined, nothing in this Act shall be construed as operating to prevent the remand of that child in custody and— (a) the Health Service Executive shall not make an application for a special care order or an interim special care order or an application under section 23J or 23N in respect of that child and where such application was made but not determined before the child was remanded in custody, the Health Service Executive shall withdraw the application, or (b) where a special care order or an interim special care order has been made and has effect before the child is remanded in custody, nothing in this Act shall be construed as requiring the Health Service Executive to continue to provide special care to that child and the Health Service Executive shall apply to the High Court to have such special care order or interim special care order discharged. (7) In this section, ‘Court hearing that charge’ includes the Children Court referred to in section 71 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001. Custodial sentence, deferred children detention order, Children Act order and provision of special care. 23E.— (1) Subject to subsections (7), (9) and (10), nothing in this Act shall be construed as preventing the Health Service Executive from providing special care, in accordance with a special care order or an interim special care order, to a child who has been found guilty, or convicted, of a criminal offence and where, following such conviction— (a) a custodial sentence was imposed on the child and that sentence has been served, (b) a suspended custodial sentence has been imposed on that child, (c) the making of a children detention order has been deferred, in respect of that child, in accordance with section 144 of the Act of 2001, (d) any detention imposed in accordance with section 144(9)(a) of the Act of 2001 on the child has been served, (e) a period of detention, imposed in respect of the child in accordance with section 144(9)(b) of the Act of 2001, has been suspended, or (f) a Children Act order has been made in respect of that child, and without prejudice to the generality of the foregoing nothing in this Act shall be construed as preventing the Health Service Executive from applying for a special care order or an interim special care order and, where the order is made in respect of such child, from applying for an extension under section 23J or 23N in respect of such child, or as preventing the High Court from hearing and determining such application. (2) Without prejudice to subsection (1), where a child is the subject of a special care order or an interim special care order and during the period for which the order has effect a suspended custodial sentence is imposed on that child, the making of a children detention order has been deferred in respect of that child under section 144 of the Act of 2001, a period of detention has, under section 144(9)(b) of the Act of 2001, been suspended in respect of that child or a Children Act order is made in respect of that child, subject to subsections (7), (9) and (10), nothing in this Act shall be construed as— (a) requiring the special care order or interim special care order to be discharged, (b) preventing the Health Service Executive from making an application to extend the period for which— (i) under section 23J, such special care order has effect, or (ii) under section 23N, such interim special care order, has effect, or (c) preventing the High Court from hearing and determining an application referred to in paragraph (b), and the Health Service Executive shall, as soon as practicable, inform the Court which imposed the suspended custodial sentence, deferred making the children detention order, suspended the period of detention or made the Children Act order that the child is the subject of a special care order or an interim special care order and the period for which such order has effect. (3) Where the Health Service Executive makes an application— (a) for a special care order or an interim special care order, or (b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect, and at the time the application is made a suspended custodial sentence has been imposed in respect of the child who is the subject of that application, the Health Service Executive shall— (i) inform the High Court of— (I) such suspended custodial sentence and any terms, conditions and other requirements of such sentence, and (II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of such suspended custodial sentence and subsection (6), and (ii) inform the Court which imposed the suspended custodial sentence— (I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and of the period for which the order has effect, or (II) of the application referred to in paragraph (b), and where the order has been extended, to inform that Court of the period for which the order was extended. (4) Where the Health Service Executive makes an application— (a) for a special care order or an interim special care order, or (b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect, and at the time the application is made the making of a children detention order has, in accordance with section 144 of the Act of 2001, been deferred in respect of the child who is the subject of that application, or a period of detention has, in respect of that child, been suspended under section 144(9)(b) of that Act, the Health Service Executive shall— (i) inform the High Court— (I) that the making of a children detention order has been deferred under and in accordance with section 144 of the Act of 2001, that a period of detention has not been imposed at the time of the making of the application, and of any terms, conditions and other requirements of such children detention order or, in respect of such suspended period of detention, and (II) of any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of such children detention order, or such suspension, and subsection (6), and (ii) inform the Court which deferred making such children detention order or suspended the period of detention— (I) of the application referred to in paragraph (a) and, where a special care order or interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or (II) of the application referred to in paragraph (b), and, where the order has been extended, to inform that Court of the period for which the order was extended. (5) Where the Health Service Executive makes an application— (a) for a special care order or an interim special care order, or (b) to extend the period for which, under section 23J, a special care order or, under section 23N, an interim special care order, has effect, and at the time the application is made a Children Act order has been made in respect of the child who is the subject of that application, the Health Service Executive shall— (i) inform the High Court of— (I) the Children Act order concerned and the terms, conditions and other requirements of that order, and (II) any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of the Children Act order concerned and subsection (6), and (ii) inform the Court which made the Children Act order— (I) of the application referred to in paragraph (a) and, where the special care order or the interim special care order is made, to inform that Court accordingly and the period for which the order has effect, or (II) of the application referred to in paragraph (b), and, where the order has been extended, to inform that Court of the period for which the order was extended. (6) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect— (a) a suspended custodial sentence has been imposed in respect of that child, (b) the making of a children detention order has, in respect of the child, been deferred under section 144 of the Act of 2001, (c) a period of detention has been suspended in accordance with section 144(9)(b) of the Act of 2001, or (d) a Children Act order is made in respect of the child, the Health Service Executive shall take all steps reasonably open to it to assist that child to comply with the terms, conditions and other requirements of the suspended custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c) or the Children Act order referred to in paragraph (d), and, without prejudice to the generality of the foregoing, shall— (i) convey that child to any place which that child is required to attend pursuant to the custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c), or the Children Act order referred to in paragraph (d), and (ii) provide that child with access to any person for the purposes of complying with the terms, conditions or other requirements of the custodial sentence referred to in paragraph (a), the children detention order referred to in paragraph (b), the suspension referred to in paragraph (c), or the Children Act order referred to in paragraph (d). (7) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N, has been made in respect of a child and before that application has been determined— (a) a custodial sentence is imposed on that child and is to take effect immediately, (b) under section 144(9)(a) of the Act of 2001, a period of detention is imposed in respect of that child and such period of detention is to take effect immediately, (c) a period of detention which had been suspended in accordance with section 144(9)(b) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately, or (d) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately, the Health Service Executive shall withdraw that application. (8) Where an application for a special care order or an interim special care order, or an application under section 23J or 23N, has been made in respect of a child and before that application has been determined— (a) a suspended custodial sentence is imposed on that child, (b) the making of a children detention order has been deferred, in respect of that child, under section 144 of the Act of 2001 or a period of detention has been suspended, in respect of that child, under section 144(9)(b) of that Act, or (c) a Children Act order has been made in respect of that child, the Health Service Executive shall inform the High Court as soon as practicable of the suspended custodial sentence referred to in paragraph (a), the children detention order or suspension referred to in paragraph (b) or the Children Act order referred to in paragraph (c) and of any matter requiring the release of the child from the special care unit under section 23NG for the purposes of complying with such suspended custodial sentence, children detention order, suspension or Children Act order. (9) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect— (a) a custodial sentence is imposed on that child and is to take effect immediately it is imposed, or (b) a suspended custodial sentence was imposed on that child but is no longer suspended and the custodial sentence is to take effect immediately, nothing in this Act relating to the provision of special care to that child pursuant to such special care order or interim special care order shall operate so as to prevent the child from serving that custodial sentence and without prejudice to the generality of the foregoing the Health Service Executive shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order. (10) Where a child is the subject of a special care order or an interim special care order and the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child, or a period of detention has been suspended in accordance with section 144(9)(b) of that Act, and during the period for which such special care order or interim special care order has effect— (a) a period of detention is imposed under section 144(9)(a) of the Act of 2001, in respect of that child and such period of detention is to take effect immediately, or (b) a period of detention which had been suspended in accordance with section 144(9)(b) of the Act of 2001 is no longer suspended and such period of detention is to take effect immediately, nothing in this Act relating to the provision of special care to that child pursuant to such special care order or such interim special care order shall operate so as to prevent the child from being so detained and without prejudice to the generality of the foregoing the Health Service Executive shall, as soon as practicable, apply to the High Court to discharge such special care order or such interim special care order. (11) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a suspended custodial sentence is imposed on that child— (a) the Health Service Executive shall inform the High Court of such suspended custodial sentence, any terms and conditions of such suspended custodial sentence and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such suspended custodial sentence, and (b) subject to subsection (9), the Health Service Executive shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child. (12) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect the making of a children detention order has been deferred, in accordance with section 144 of the Act of 2001, in respect of that child or a period of detention has been suspended in accordance with section 144(9)(b) of that Act— (a) the Health Service Executive shall inform the High Court of such deferral or such suspension and of any terms and conditions of such deferral or suspension and of any matter requiring the release of the child from the special care unit, under section 23NG, for the purposes of complying with such deferral or suspension, and (b) subject to subsection (10)(a) or (10)(b), the Health Service Executive shall, in accordance with such special care order or such interim special care order and this Act, continue to provide special care to the child. (13) Where a child is the subject of a special care order or an interim special care order and during the period for which such order has effect a Children Act order is made in respect of that child— (a) the Health Service Executive shall inform the High Court of such Children Act order, any terms and conditions of such Children Act order and any matter requiring the release of the child from the special care unit, under section 23NG for the purposes of complying with such Children Act order, and (b) the Health Service Executive shall, in accordance with such special care order or interim special care order and this Act, continue to provide special care to that child. (14) In this section references to a custodial sentence being served means, in the case of a custodial sentence which is a detention and supervision order, that the period for which that order was made has expired. Determination by Health Service Executive that child requires special care. 23F.— (1) The Health Service Executive shall not apply for a special care order in respect of a child unless it is satisfied that the child has attained the age of 11 years and it has made a determination, in accordance with this section, that the child requires special care. (2) Where— (a) the Health Service Executive is satisfied that there is reasonable cause to believe that the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare, (b) having regard to that behaviour and risk of harm, the Health Service Executive has assessed the care requirements of the child, and is satisfied that there is reasonable cause to believe that— (i) the provision, or the continuation of the provision, by the Health Service Executive to the child of care, other than special care, and (ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001 , will not adequately address that behaviour and risk of harm and those care requirements, and (c) having regard to paragraph (b), the Health Service Executive is satisfied that there is reasonable cause to believe that the child requires special care to adequately address— (i) that behaviour and risk of harm, and (ii) those care requirements, which it cannot provide to the child unless the High Court makes a special care order in respect of that child, the Health Service Executive shall make arrangements to carry out the consultation referred to in subsection (3). (3) The Health Service Executive— (a) shall, subject to subsection (4), consult with— (i) the child, (ii) the parent having custody of the child, unless the parent is dead, missing or cannot be found, and (iii) a guardian, if any, or a person, if any, acting in loco parentis, unless that guardian or person is missing or cannot be found, and (b) may, having regard to all the circumstances of the child, consult with— (i) a relative of the child, or (ii) a person who, in the opinion of the Health Service Executive, has knowledge of that child and his or her family or other circumstances, in relation to the behaviour and risk of harm referred to in subsection (2)(a), the care requirements referred to in subsection (2)(b), the proposal to provide special care to the child and the detention of the child in a special care unit for that purpose. (4) Where the Health Service Executive, having regard to the protection of the life, health, safety, development or welfare of the child, is satisfied that there is reasonable cause to believe it is not in the best interests of the child to consult with all or any of the following persons, it shall not consult with that person: (a) the child; (b) a parent having custody of the child; (c) the guardian; (d) a person acting in loco parentis. (5) The Health Service Executive shall, subject to subsection (6), convene a family welfare conference in accordance with section 7 (as amended by the Child Care (Amendment) Act 2011) of the Act of 2001 if it is satisfied that there is reasonable cause to believe that the child requires special care, after having carried out the consultations in accordance with subsection (3) or not carried them out in accordance with subsection (4). (6) Notwithstanding subsection (5), where the Health Service Executive is satisfied that, having regard to the protection of the life, health, safety, development or welfare of the child, there is reasonable cause to believe that it is not in the best interests of the child to convene the family welfare conference referred to in subsection (5), it may decide not to convene that conference. (7) Where a family welfare conference— (a) has been convened in accordance with subsection (5) and the Health Service Executive has had regard to the recommendations, if any, notified under section 12 of the Act of 2001, or (b) has not been convened in accordance with subsection (6), and the Health Service Executive is satisfied that there is reasonable cause to believe that the child requires special care it shall make a determination as to whether the child requires special care. (8) Where the Health Service Executive determines that there is reasonable cause to believe that for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care the Health Service Executive shall apply to the High Court for a special care order. (9) Where the Health Service Executive applies for a special care order and, in accordance with subsection (4), it did not carry out the consultation referred to in subsection (3), it shall inform the High Court that the consultation was not carried out and of the grounds for not carrying out that consultation. (10) Where the Health Service Executive applies for a special care order and it did not convene a family welfare conference in accordance with subsection (6), it shall inform the High Court that it did not convene that conference and of the grounds for not convening that conference. (11) The Health Service Executive shall prepare and publish guidelines relating to the procedures for— (a) carrying out a consultation for the purposes of this section, and (b) convening a family welfare conference for the purposes of this section. Notice of application for special care order or interim special care order. 23G.— (1) An application for a special care order or an interim special care order shall, subject to subsection (6) and section 23L(3), be made on notice to— (a) a parent having custody of the child, unless the parent is dead, missing or cannot be found, (b) a guardian of the child, if any, or a person, if any, acting in loco parentis unless that guardian or that person is dead, missing or cannot be found, and (c) a guardian ad litem, where such guardian is appointed in accordance with section 26 (as amended by the Child Care (Amendment) Act 2011) in respect of proceedings under this Part and whose appointment has effect in accordance with section 26(4). (2) Where having regard to all the circumstances of a child the Health Service Executive considers it appropriate for that child, it may inform any of the following persons of an application for a special care order or an interim special care order: (a) a relative of the child; (b) a person who, in the opinion of the Health Service Executive, has knowledge of that child and his or her family or other circumstances. (3) The Health Service Executive shall inform the Garda Síochána of an application for a special care order or an interim special care order including an application for an interim special care order referred to in section 23L(3). (4) The Health Service Executive shall, for the purposes of subsection (1), take all steps reasonably open to it to locate a person referred to in paragraphs (a) and (b) of subsection (1). (5) The High Court, having regard to all the circumstances of the child, may direct that, in addition to the persons referred to in subsections (1) and (2), another person, who has knowledge of that child and his or her family or other circumstances, be informed of an application for a special care order or an interim special care order. (6) Notwithstanding paragraphs (a) and (b) of subsection (1), the High Court, on the application of the Health Service Executive, may, having regard to the interests of justice or the protection of the life, health, safety, development or welfare of the child, direct that an application referred to in subsection (1) shall be made otherwise than on notice to a named person being a person to whom, pursuant to paragraphs (a) and (b) of subsection (1), such application is to be made on notice and the High Court may make such other provision and give other directions in respect of such notice, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child. Special care order. 23H.— (1) Where the High Court is satisfied that— (a) the child has attained the age of 11 years, (b) the behaviour of the child poses a real and substantial risk of harm to his or her life, health, safety, development or welfare, (c) having regard to that behaviour and risk of harm and the care requirements of the child— (i) the provision, or the continuation of the provision, by the Health Service Executive to that child of care, other than special care, and (ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001 , will not adequately address that behaviour and risk of harm and those care requirements, (d) having regard to paragraph (c), the child requires special care to adequately address— (i) that behaviour and risk of harm, and (ii) those care requirements, which the Health Service Executive cannot provide to the child unless a special care order is made in respect of that child, (e) the Health Service Executive has carried out the consultation referred to in section 23F(3) or, where the Health Service Executive has not carried out that consultation, the High Court is satisfied that it is in the best interests of the child not to have carried out that consultation having regard to the grounds provided in accordance with section 23F(9), (f) in respect of the family welfare conference referred to in section 23F(5)— (i) the Health Service Executive has convened the family welfare conference and the Health Service Executive has had regard to the recommendations notified in accordance with section 12 of the Act of 2001, or (ii) it is in the best interests of the child that the family welfare conference was not convened having regard to the information and grounds provided in accordance with section 23F(10), (g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care, and (h) having regard to paragraphs (a) to (g), the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child, the High Court may make a special care order in respect of that child. (2) A special care order shall specify the period for which it has effect and that period shall not exceed 3 months from the day on which that order is made unless that period is extended under section 23J and shall— (a) commit the child in respect of whom it is made to the care of the Health Service Executive, (b) direct the Health Service Executive to detain that child in a special care unit, which the Health Service Executive considers appropriate for that child, for the purpose of providing that child with special care, and (c) direct the Health Service Executive to provide special care to the child and to generally care for and maintain the child, and the High Court may make such other provision and give directions, as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child. (3) For the purposes of executing a special care order the High Court may— (a) make an order directing a person who has actual custody of the child to deliver that child to the custody of the Health Service Executive, (b) make an order directing the Garda Síochána to search for and find the child and to deliver the child to the custody of the Health Service Executive, at a special care unit specified by the Health Service Executive, and (c) issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter, if need be by force, any house or other place specified in the warrant, including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, or aircraft where the child is, or where there are reasonable grounds for believing that he or she is, and to deliver the child into the custody of the Health Service Executive at the special care unit in which the child is to be detained, and the High Court may, in respect of such order or warrant, give directions as, having regard to all the circumstances of the child, it considers necessary and in the best interests of the child. (4) Where the High Court makes a special care order the Health Service Executive shall inform the Garda Síochána immediately that the special care order has been made and of the terms and conditions of that order and an order made, or warrant issued, if any, under this section and an order, if any, made under section 23NA(1). (5) A person shall be deemed to have been given, or shown, a copy of a special care order or an order made, or warrant issued, under subsection (3) if that person was present at the sitting of the High Court at which that special care order or that order was made or that warrant was issued. Review of special care order. 23I.— (1) The High Court shall carry out a review referred to in subsection (4) in each 4 week period for which a special care order has effect and the High Court shall, when making the special care order, or extending it pursuant to an application under section 23J, specify the date or dates for such review. (2) A review under this section shall, subject to a direction under section 23NA(2)(a), if any, be made on notice to the persons referred to, and in accordance with, paragraphs (a) to (c) of section 23G(1). (3) The Health Service Executive— (a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and (b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made, of a review under this section. (4) The High Court shall, when carrying out a review under this section, consider whether the child continues to require special care to adequately address his or her behaviour, the risk of harm to his or her life, health, safety, development or welfare posed by that behaviour and his or her care requirements and shall have regard to an assessment made in accordance with section 23ND(4). (5) The High Court may vary a special care order pursuant to a review under this section and may make such other provision and give directions as it, having regard to all the circumstances of the child, considers necessary and in the best interests of the child. (6) Where a day is specified for a review under this section and on that day the child concerned is— (a) pursuant to section 23NF, outside the State for the purpose referred to in section 23NF(2)(c), or (b) pursuant to section 23NG, released from the special care unit for a purpose referred to in section 23NG(1), the review may be held on such date notwithstanding that the child is outside the State or released from the special care unit for such purpose. Extension of period for which special care order has effect. 23J.— (1) Where a special care order has been made in respect of a child and the Health Service Executive is satisfied that there is reasonable cause to believe that— (a) the child is benefiting from the special care provided to him or her pursuant to the order, (b) notwithstanding paragraph (a) and having regard to the assessments made by the Health Service Executive under section 23ND(4), the risk of harm to the child posed by his or her behaviour continues to exist, (c) the child requires the continuation of the provision to him or her of special care to adequately address that behaviour and risk of harm and his or her care requirements which the Health Service Executive cannot continue to provide to the child unless the period for which that special care order has effect is extended, (d) the provision of— (i) care by the Health Service Executive to the child, other than special care, and (ii) treatment and mental health services, under, and within the meaning of, the Mental Health Act 2001 , will not adequately address that behaviour or risk of harm or the care requirements of the child, and (e) the continuation of the provision of the special care and, for that purpose, the continuation of the detention of the child in a special care unit, is required to protect his or her life, health, safety, development or welfare, the Health Service Executive shall, subject to subsection (2), apply to the High Court to extend the period for which the special care order has effect for the purpose of continuing the provision of special care to that child. (2) Not more than 2 applications may be made under this section. (3) An application under this section shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1). (4) The Health Service Executive— (a) may, where it considers it appropriate to the circumstances of the child, inform a person referred to in section 23G(2), and (b) shall, where a direction has been made under section 23NA(2)(b), inform the person in respect of whom that direction was made, of an application under this section. (5) The first application under this section shall be made before the expiration of the period specified in the special care order in accordance with section 23H(2). (6) The final application under this section shall be made before the expiration of the period for which the special care order was extended pursuant to the first application. (7) Where the High Court is satisfied that— (a) the conditions specified in paragraphs (a) to (e) of subsection (1) are satisfied in respect of the child, and (b) the continuation of the detention of the child in a special care unit is in the best interests of the child, the High Court may, subject to subsection (8), extend the period for which the special care order has effect and the High Court may, having regard to all the circumstances of the child, vary the special care order and make such other provision and give directions as it considers necessary and in the best interests of the child. (8) Each extension of the period for which a special care order has effect shall not exceed 3 months. (9) Where the High Court extends the period for which a special care order has effect (in this section referred to as the ‘extended period’) the extended period shall take effect— (a) pursuant to the first application, immediately following the expiration of the period specified in the spec …