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Discharge of child committed to industrial school.
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5.—(1) Where—
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(a) a child has been committed to an industrial school under section 58 of the Principal Act, and
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(b) an application is made to the Minister for Education by a parent or guardian for the release of the child, and
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(c) the Minister is satisfied that the circumstances which led to the making of the committal order have ceased and are not likely to recur if the child is released, and that the parent or guardian is able to support the child,
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the Minister shall order the discharge of the child.
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(2) The Minister may, if he so thinks proper, refer the application to the court.
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(3) If the Minister refuses the application, the parent or guardian may refer it to the court.
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(4) The court, if satisfied in regard to the matters referred to in paragraph (c) of subsection (1), shall have jurisdiction to order the discharge of the child.
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(5) A reference to the court under this section shall be made to the District Court in the District in which the committal order was made or, if the applicant resides in another District, in that District.
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(6) The order for the discharge of the child, whether made by the Minister or the court, shall operate to revoke the detention order.
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(7) (a) Where the District Court or, on appeal, the Circuit Court, orders the discharge of a child, the court may award costs and expenses to the successful applicant and the Minister shall defray out of moneys provided by the Oireachtas such sum as the court may certify in respect thereof.
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(b) The costs and expenses which may be certified by the court shall not exceed the maximum amounts which may be awarded as between party and party in an action for tort in the District Court.
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