Child Care (Amendment) Act 2015

SCHEDULE 1

Miscellaneous Amendments

Section 13

Part 1

Miscellaneous Amendments to Principal Act

Item

(1)

Provision affected

(2)

Amendment

(3)

1

section 2 (inserted by section 105 of and Item 1 Part 1 of Schedule 2 to the Health Act 2007 )

In the definition of “children’s residential centre” substitute “Child and Family Agency” for “Health Service Executive”.

2

section 15 (amended by section 105 of and Item 2 Part 1 of Schedule 2 to the Health Act 2007 )

Substitute “Child and Family Agency” for “Health Service Executive”.

3

section 18 (amended by section 8 of the Act of 2011)

In subsection (9) (inserted by section 8 of the Act of 2011), substitute “Child and Family Agency” for “Health Service Executive”.

4

section 19 (amended by section 9 of the Act of 2011)

In subsection (8) (inserted by section 9 of the Act of 2011), substitute “Child and Family Agency” for “Health Service Executive”.

5

Part IVA (amended by section 10 of the Act of 2011)

In the whole Part, substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

In section 23B(4) (amended by section 10 of the Act of 2011), substitute “ section 58 of the Child and Family Agency Act 2013 ” for “section 38 (as amended by the Act of 2007) of the Health Act 2004 ”.

In section 23B(5) (amended by section 10 of the Act of 2011), substitute “ section 58 of the Child and Family Agency Act 2013 ” for “section 38 (as amended by the Act of 2007) of the Health Act 2004 .”.

In section 23F (amended by section 97 of the Child and Family Agency Act 2013), substitute the following subsection for subsection (12):

“(12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination was not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference.”.

6

section 26 (amended by section 13 of the Act of 2011)

In subsections (2C) and (3A) (inserted by section 13 of the Act of 2011), substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

7

section 36

In subsection (1), insert “subject to subsection (4),” after “Child and Family Agency,”, and insert the following subsection after subsection (3):

“(4) A placement referred to in subsection (1) shall not be made in respect of a child who is the subject of a special care order or an interim special care order during the period for which that order has effect.”.

8

section 37 (amended by section 21 of the Act of 2011)

In subsection (1A) (inserted by section 21 of the Act of 2011), substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

9

section 38 (amended by section 105 of and Item 5 Part 1 of Schedule 2 to the Health Act 2007)

In subsections (1) and (2), substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

10

section 46

In subsection (1), insert “, other than special care under Part IVA,” after “in the care of the Child and Family Agency”.

11

section 47

Insert “subject to section 23NK (inserted by section 10 of the Act of 2011)”, after “in the care of the Child and Family Agency”.

Part 2

Amendments to Other Acts

Section 14

Item

(1)

Number and Year

(2)

Short Title

(3)

Amendment

(4)

1

No. 24 of 2001

Children Act 2001

Section 8:

In subsection (1)(d) (inserted by section 29 of the Act of 2011), substitute “Child and Family Agency” for “Health Service Executive”.

2

No. 23 of 2007

Health Act 2007

Section 41:

Substitute the following for subsection (1)(a):

“(a) inspect the performance—

(i) by the Executive of the Executive’s functions under section 10 of the Health (Nursing Homes) Act 1990 , and

(ii) by the Agency of the Agency’s functions under sections 39 to 42 and section 53 of the Child Care Act 1991 ,”.

3

Section 45:

(a) Substitute the following subsection for subsection (1) —

“(1) The Minister for Children and Youth Affairs, by written direction, may require the Agency to carry out inspections of children’s residential centres, as defined in section 2 (1) of the Child Care Act 1991 , which are provided in accordance with section 38(1) of that Act.”,

and

(b) in subsections (2) to (5), substitute “Agency” for “Executive or the Agency” in each place where it occurs.

4

Section 64 (amended by section 97 of and Item 10 Part 20 of Schedule 2 to the Child and Family Agency Act 2013 ):

In subsections (1) to (4), substitute “Executive or the Agency as the case may be” for “Executive or the Agency as the case may” in each place where it occurs.

5

No. 40 of 2013

Child and Family Agency Act 2013

In section 57(2), substitute “Part VIIA” for “Part VII”.