Child Care Act, 1991
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Recovery of children removed from care etc. |
46.—(1) The provisions of this section shall apply to any child who is in the care of a health board and who is, without lawful authority, removed from the custody of the board or from the custody of any person who is taking care of him on behalf of the board or prevented from returning to such custody at the end of any period of leave. | |
(2) The health board may request the Garda Síochána to search for the child and to deliver him up to the custody of the board and the Garda Síochána may take all reasonable measures to comply with such a request. | ||
(3) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child named in the application, make an order directing that person to deliver up the child to the custody of the board. | ||
(4) Without prejudice to the law as to contempt of court where the District Court has made an order under subsection (3) directing that a child be delivered up to the care of a health board, any person having the actual custody of the child who, having been given or shown a copy of the order and having been required, by or on behalf of the health board, to give up the child to that board, fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both such fine and such imprisonment. | ||
(5) For the purposes of this section, a person shall be deemed to have been given or shown a copy of an order made under subsection (3) if that person was present at the sitting of the court at which such an order was made. | ||
(6) A justice of the District Court may, if satisfied by information on oath that there are reasonable grounds for believing that the child named in the application is in any house or other place (including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel, aircraft or hovercraft) specified in the information, issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary to enter (if need be by force) and to search the house or other place for the child; and if the child is found he shall be returned to the custody of the board. | ||
(7) An application for an order under subsection (3) may, if the justice is satisfied that the urgency of the matter so requires, be made ex parte. | ||
(8) An application for an order under subsection (3) or for a warrant under subsection (6) may, if the justice is satisfied that the urgency of the matter so requires, be heard and an order made thereon elsewhere than at a public sitting of the District Court. | ||
(9) Without prejudice to section 28 — | ||
(a) an order under subsection (3) may be made by a justice of the District Court for the time being assigned to the district court district where the person specified in the information resides or is for the time being, and | ||
(b) a warrant under subsection (6) may be issued by a justice for the time being assigned to the district where the house or other place specified in the information is situated, | ||
and, in either case, where such justice is not immediately available the order may be made, or the warrant issued, by any justice of the District Court. |