Children (Amendment) Act 2015

Amendment of section 206 of Principal Act

21. Section 206 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A), a child” for “A child”, and

(b) by the insertion of the following subsections after subsection (1):

“(1A) Where a Director is of opinion, when formulating a temporary leave programme under section 205(1) or altering a temporary leave programme under section 205(4) for a child aged 18 years or over detained in a children detention school pursuant to section 155, that it is not appropriate for subsection (1) to apply to the child while on temporary leave, and the Director so certifies in writing, then in relation to that child or to the grant of temporary leave to that child—

(a) subsections (1) and (2) shall not apply,

(b) subsection (3) shall apply with the modification that the child shall reside in accommodation specified or approved by the Director, and subsection (4) shall have effect accordingly, and

(c) the requirement in subsection (6) for a member of the Garda Síochána to inform the person who undertook to supervise the child shall not apply.

(1B) In forming an opinion under subsection (1A), the Director shall take into account—

(a) the child’s record of behaviour while in detention,

(b) the family circumstances of the child,

(c) the child’s physical, emotional and mental health, and

(d) any other matters affecting the child’s suitability to be the subject of certification under subsection (1A) that the Director in his or her discretion considers relevant.”.