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Child Care Act, 1991

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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

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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: