132.— ; “facilitator” has the meaning assigned to it by (b) breached any condition or requirement applicable in relation to an order of a court which renders a person to whom it applies liable to be dealt with for the offence in respect of which the order was made. (a) for the purpose of attending the funeral of a relative, (b) for the purpose of visiting a relative who is seriously ill, or. section 124 (2) Subject to any direction of the Children Court pursuant to 146.—A court which has deferred the making of a children detention order in relation to a child pursuant to (3) The Board, in performing its functions, shall have regard to the policies and objectives of the Government or any Minister of the Government in so far as they may affect or relate to those functions. (c) liaise with courts in relation to the level and nature of services available for children who are charged with offences or in need of special care or protection. 193.—The Director of a children detention school shall accept any child ordered by a court to be detained in the school, unless the children detention order is, on its face, defective. (2) Where it is not practicable for the representative of the health board to attend at the station within a reasonable time, he or she shall at the first available opportunity attend at the station to ascertain why the member in charge had reasonable cause to believe that the child may be in need of care or protection. Any offence under the Duty in respect of children in private foster care. (2) Any such action plan shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the facilitator as unreasonable, in which case that person's agreement to the plan shall not be necessary. , a family welfare conference may regulate its procedure in such manner as it thinks fit. (c) the child and child's parent or guardian, or members of the child's family or relatives of the child who in the opinion of the Court could make a positive contribution at a family conference, agree to attend such a conference and to participate in its proceedings. (2) The powers of a court under this section shall be in addition and without prejudice to any other power of the court to hear proceedings in camera or to exclude a witness until his or her evidence is required or to Part III (which relates to evidence through a television link in certain proceedings) of the Act of 1992. 128.—(1) If a person who has failed to observe any condition of a recognisance under section 6 of the Act of 1907 is a child, the court may, in addition to its powers under that section—, (a) direct the child to comply with the condition in so far as it has not been complied with, or. (iii) the training of the staff of children detention schools and special care units. (4) A copy of each report under subsection (1) shall be laid by the Minister before each House of the Oireachtas. ; “Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under (10), substitute for the hostel residence so specified a hostel residence which complies with the requirements of (6) Any period specified in subsection (5) may be renewed on as many occasions as the Minister considers necessary until the circumstances that gave rise to the suspension of the mobility trips no longer apply. (2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference. (3) A deposition taken under subsection (1) or a videorecording of evidence given by a child under paragraph (b) of that subsection shall be deemed to have been taken under section 4F of the said Act of 1967, and section 4G (admissibility of deposition or videorecording) shall apply and have effect accordingly. section 126 (a) carry out any such policy in relation to children on remand or in detention as may be specified by the Minister. (4) The Director may alter the temporary leave programme of any child where he or she is satisfied that to do so would be in the best interests of the child or of society generally. ; “Act of 1991” means the (4) Where a child is found guilty of an offence committed while under supervision in accordance with this section, the continuance of the supervision shall be reviewed by the principal probation and welfare officer. (b) one or more than one informal caution has been previously administered. (6) The Minister may be order amend or revoke any order made under this section, including an order under this subsection. (d) the child's attitude to his or her being supervised. 46.—(1) The Commissioner shall ensure that all members of the Garda Síochána who act as facilitators receive whatever training the Commissioner considers sufficient and appropriate for the proper and efficient discharge of their duties while they are acting in that capacity. (e) if the private foster care arrangement terminates, the reasons for its termination. (b) in case the evidence is to be given through a live television link pursuant to Part III of the section 15 (f) limiting or prohibiting the child from associating with any specified person or with persons of any specified class. Amendment (new Parts IV A and IVB) of Act of 1991. (c) the parents or guardian of the child or, as appropriate, another adult with whom the child was residing immediately before the order under section 81 and order the child to return to the school. (1) or 82(2)(a), as the case may be; “adult” means any person of or over the age of 18 years; “area”, in relation to a health board, means functional area; “child” means a person under the age of 18 years; “children detention order” has the meaning assigned to it by (2) Where a person is convicted of an offence under this section, the District Court may by order prohibit the person from arranging or undertaking a private foster care arrangement for such period as may be specified in the order. 211.—(1) Where a child is detained in a children detention school, the Director of the school may, on proof to his or her satisfaction that the presence of the child at any place is required in the interests of justice, or for the purpose of any inquest or inquiry, in writing order that the child be taken to that place. , in respect of a child. (4) The Minister may establish at any future time or times one or more than one additional visiting panel should the geographical situation of any of the schools justify such a course. (3) (b) that such a person is not taking all reasonable measures to safeguard the health, safety and welfare of the child concerned. (3) The duration of an approval of a special care unit by the Minister shall be 3 years from the date of approval, and thereafter the Minister may renew the approval for a further period, or further periods, of the like duration. (b) the days on which or the times between which the child concerned shall stay away from the specified premises, place or locality. (2) Every order, regulation and rule made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister, the Minister for Education and Science or the Minister for Health and Children may by regulations make for the purpose of bringing any such order, regulation or rule into conformity with this Act. (iii) securing generally the welfare of such children and their future good behaviour. (2) Subsection (1) shall not apply in relation to any such disclosure of information to the Minister or his or her officers or to the Comptroller and Auditor General. Bill entitled an Act to make further provision in relation to the care, protection and control of children and, in particular, to replace the Children Act, 1908, and other enactments relating to juvenile offenders, to amend and extend the Child Care Act, 1991, and to provide for related matters. the person shall for the purposes of this Part be presumed, unless the contrary is proved, at that date to have been a child or to have been under or to have attained that age, as the case may be. section 25 (b) that the child would benefit from that supervision and the programme or course of treatment referred to in subsection (3)(c). “house” includes any building occupied for residential or business purposes and any part of a building so occupied; “public place” means any place to which the public have or are permitted to have access whether as of right or by permission and whether on payment or without payment; “street” includes any road, bridge, lane, footway, subway, square, alley or passage, whether a thoroughfare or not, which is for the time being open to the public, and any ground or carpark adjoining and open to a street shall be treated as forming part of a street. 216.—A person who helps a child to escape or attempt to escape from lawful custody or to abscond from any person with whom the child is placed out on supervision in the community shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £750 or imprisonment for a term not exceeding 6 months or both. (2) Where the child's parent or guardian is not present at the station and his or her address is known, the member in charge of the station shall ensure that as soon as practicable—, (a) a copy of the charge sheet containing particulars of the offence is sent to the parents or guardian, and, (b) a notification in writing is sent to the parents or guardian of—. (b) an order under section 23C (in this Part referred to as an ‘interim special care order’). (c) Subject to paragraph (d), in exceptional circumstances, a child who has received an informal caution may be placed by the Director under the supervision of a juvenile liaison officer for a period of 6 months from the date of the administration of the caution. (4); “Programme” has the meaning assigned to it by (2) The circumstances in which a day centre order may be revoked under subsection (1)(a)(i) shall include the progress the child has made, his or her satisfactory response to supervision and the discharge of any financial penalty. 200.—If it appears to the Director of a children detention school that a child detained in it requires medical attention that cannot properly be given in the school, the Director shall make arrangements for the child to be received into any hospital or other institution where he or she can receive the necessary attention, and that child, while so absent from the school, shall for the purposes of this Act be deemed to be in lawful custody. (6) The court shall also explain to the child in open court in language appropriate to the level of understanding of the child—. (b) that, as respects a child to whom this section applies and who is unlawfully at large, it is necessary to do so for the purpose of apprehending the child. (4) Any sums imposed and ordered to be paid by a parent or guardian under this section may be recovered in like manner as if the order had been made on the conviction of the parent or guardian of the offence of which the child was found guilty. (3) The lawfulness of the detention of any child or youthful offender (within the meaning of the Act of 1908) in any existing certified reformatory school or industrial school shall not be affected by the commencement of this section. (3) The Minister may request the board of management of a children detention school to instruct the visiting panel to report to that board on any matter relating to the school. Garda Síochána may call to the residence, at any reasonable time within a period during which the child is required to remain there, for the purpose of establishing that the child is present in the residence at that time. (b) make arrangements with a voluntary body or any other person for the provision and operation of such a unit by that body or person on behalf of the board. (6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court. 67.—Section 5 (which provides for access to a solicitor and notification of detention) of the Act of 1984 is hereby amended by the deletion of subsection (2) of that section and the substitution of “eighteen years” for “seventeen years” where the latter expression occurs in subsections (1) and (3) thereof. (b) that the child receives education or undergoes training, as appropriate. (8) Subject to this section, subsections (3), (4), (6), (7) and (8) of section 18 shall apply in relation to a special care order as they apply in relation to a care order, with any necessary modifications. (b) The child shall comply with any conditions so specified. an act to make further provision in relation to the care, protection and control of children and, in particular, to replace the children act, 1908, and other enactments relating to juvenile offenders, to amend and extend the child care act, 1991, and to provide for related matters. for any reason, the Commissioner shall notify the Minister of the vacancy and the Minister shall, as soon as may be, appoint a person to fill the vacancy. (6) A special care order shall cease to have effect when the person in respect of whom it was made ceases to be a child. This Revised Act is an administrative consolidation of the Children Act 2001. 201.—(1) Any child who breaches the rules of a children detention school may be disciplined on the instructions of the Director of the school in a way that is both reasonable and within the prescribed limits. Attendance at Court of parents or guardian. (d) any penalty imposed in respect of it. (iv) whether to convene a conference in respect of any child who has been placed under supervision; (b) the level of supervision appropriate in any case or class of case; (c) any criminal behaviour of a serious nature in respect of which admission to the Programme shall be excluded; or. Treatment of Child Suspects in Garda Síochána Stations. 57.—Where a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall without delay inform the child or cause the child to be informed, in a manner and in language that is appropriate to the age and level of understanding of the child—. (2) Before authorising a placing out under subsection (1), the Director shall be satisfied that the child will continue to receive appropriate education or training while he or she is placed out and that the placing out conforms to the rules of the school's board of management in that regard. 243.—The Ministers may delegate any of their functions under this Part to a Minister of State. (ii) children to whom mentors have been assigned under 75 of 2008 ACT To give effect to certain rights of children as contained in the Constitution; to set out principles relating to the care and protection of children; to define parental section 39 section 160 (a) in case one parent has the sole custody, charge or care of the child, that parent, (b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and. 10.—(1) Subject to the provisions of this Part or any regulations under or pursuant to any recommendation arising from a conference. 28.—(1) The level of supervision to be applied in the case of any child shall, subject to 49.—A child shall not be prosecuted for the criminal behaviour, or any related behaviour, in respect of which he or she has been admitted to the Programme. (5) The Inspector may raise issues of concern to him or her arising out of an inspection or investigation under this section with the Director of the school or managers of the place concerned, the chairperson of the board of management of the school or the Minister. 106.—(1) Where the court has considered any report requested pursuant to this Part, it shall deal with the case in accordance with Provisions where more than one day centre order. Administrative services to family conference. (b) that the arrangement be terminated and the child returned to his or her parents or guardian. Obligation of Director to accept children. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. (2) A visiting panel and every member thereof shall be entitled at all times to visit either collectively or individually a children detention school in respect of which it is appointed and shall at all times have free access either collectively or individually to every such school and every part of it. 51.—(1) Subject to subsection (2), no report shall be published or included in a broadcast—, (a) in relation to the admission of a child to the Programme or the proceedings at any conference relating to the child, including the contents of any action plan for the child and of the report of the conference, or. (b) to participate in any course that is reasonably available for the improvement of parenting skills. (4) (a) Subject to subsections (5) and (6), a special care order shall remain in force for a period to be specified in the order, being a period which is not less than 3 months or more than 6 months. 23G.—Section 21 shall apply to an appeal from an interim special care order or a special care order as it applies to an appeal from an order under Part IV. it may make, instead of a children detention order, an order imposing on the child the community sanction it considers most appropriate for the child. (3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it. (2) Where the summons names the child's parents or guardian, it shall also specify the provisions of (7) For the purposes of this section any of the following circumstances are circumstances ancillary to a finding, that is to say: (a) the offence or offences which were the subject of the finding. (ii) it is necessary in the interests of the child, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit provided under section 23K. (2) The Minister may decide that subsection (1) shall not apply in respect of any school or any part of a school for a specified time where he or she is satisfied that, apart from those children who are eligible and suitable for placing out on supervision in the community under such funds as are necessary for its operation—. 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