Child Care Act, 1991

Proceedings under Guardianship of Infants Act, 1964, Judicial Separation and Family Law Reform Act, 1989, etc.

20.—(1) Where, in any proceedings under section 7 , 8 or 11 or Part III of the Guardianship of Infants Act, 1964 , or in any case to which section 3 (3), 11 (b) or 16 (g) of the Judicial Separation and Family Law Reform Act, 1989 , relates, or in any other proceedings for the delivery or return of a child, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to the child concerned in the proceedings, the court may, of its own motion or on the application of any person, adjourn the proceedings and direct the health board for the area in which the child resides or is for the time being to undertake an investigation of the child's circumstances.

(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions as it sees fit as to the care and custody of, or may make a supervision order in respect of, the child concerned pending the outcome of the investigation by the health board.

(3) Where the court gives a direction under subsection (1), the health board concerned shall undertake an investigation of the child's circumstances and shall consider whether it should—

(a) apply for a care order or for a supervision order with respect to the child,

(b) provide services or assistance for the child or his family, or

(c) take any other action with respect to the child.

(4) Where a health board undertakes an investigation under this section and decides not to apply for a care order or a supervision order with respect to the child concerned, it shall inform the court of—

(a) its reasons for so deciding,

(b) any service or assistance it has provided, or it intends to provide, for the child and his family, and

(c) any other action which it has taken, or proposes to take, with respect to the child.