PART VI

Children in the Care of Health Boards

36. —(1) Where a child is in the care of a health board, the health board shall provide such care for him, subject to its control and supervision, in such of the following ways as it considers to be in his best interests—

(a) by placing him with a foster parent, or

(b) by placing him in residential care (whether in a children's residential centre registered under Part VIII , in a residential home maintained by a health board or in a school or other suitable place of residence), or

(c) in the case of a child who may be eligible for adoption under the Adoption Acts, 1952 to 1988, by placing him with a suitable person with a view to his adoption, or

(d) by making such other suitable arrangements (which may include placing the child with a relative) as the health board thinks proper.

(2) In this Act, “foster parent” means a person other than a relative of a child who is taking care of the child on behalf of a health board in accordance with regulations made under section 39 and “foster care” shall be construed accordingly.

(3) Nothing in this section shall prevent a health board sending a child in its care to any hospital or to any institution which provides nursing or care for children suffering from physical or mental disability.

37. —(1) Where a child is in the care of a health board whether by virtue of an order under Part III or IV or otherwise, the board shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of the board, has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.

(2) Any person who is dissatisfied with arrangements made by a health board under subsection (1) may apply to the court, and the court may—

(a) make such order as it thinks proper regarding access to the child by that person, and

(b) vary or discharge that order on the application of any person.

(3) The court, on the application of a health board, and if it considers that it is necessary to do so in order to safeguard or promote the child's welfare, may—

(a) make an order authorising the board to refuse to allow a named person access to a child in its care, and

(b) vary or discharge that order on the application of any person.

(4) This section is without prejudice to section 4 (2).

38. —(1) A health board shall make arrangements with the registered proprietors of children's residential centres or with other suitable persons to ensure the provision of an adequate number of residential places for children in its care.

(2) A health board may, with the approval of the Minister, provide and maintain a residential centre or other premises for the provision of residential care for children in care.

(3) The Minister shall make regulations with respect to the conduct of homes or other premises provided by health boards under this section and for securing the welfare of children maintained therein.

(4) Without prejudice to the generality of subsection (3), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by officers of the Minister.

39. —(1) The Minister shall make regulations in relation to the placing of children in foster care by health boards under section 36 and for securing generally the welfare of such children.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) fix the conditions under which children may be placed in foster care;

(b) prescribe the form of contract to be entered into by a health board with foster parents;

(c) provide for the supervision and visiting by a health board of children in foster care.

40. —(1) The Minister shall make regulations in relation to the placing of children in residential care (whether in children's residential centres or in other institutions) by health boards under section 36 and for securing generally the welfare of such children.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) fix the conditions under which children may be placed in residential care;

(b) prescribe the form of contract to be entered into by a health board with persons providing residential care;

(c) provide for the supervision and visiting by a health board of children in residential care.

41. —(1) The Minister shall make regulations in relation to the making of arrangements by health boards under section 36 (1) (d) for the care of children and for securing generally the welfare of such children.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) fix the conditions under which children may be placed by health boards with relatives;

(b) prescribe the form of contract to be entered into by a health board with relatives;

(c) provide for the supervision and visiting by a health board of children placed with relatives.

42. —(1) The Minister shall make regulations requiring the case of each child in the care of a health board to be reviewed in accordance with the provisions of the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision—

(a) as to the manner in which each case is to be reviewed,

(b) as to the frequency of reviews, and

(c) requiring the board to consider whether it would be in the best interests of the child to be given into the custody of his parents.

43. —(1) A health board may, in accordance with regulations made by the Minister, remove a child in its care from the custody of any person with whom he has been placed by the board under section 36 .

(2) Where a person refuses or neglects to comply with a request of a health board to deliver up a child in accordance with regulations made under subsection (1), the board may apply to the District Court for an order directing that person to deliver up the child to the custody of the board and the justice may, if he considers that it is in the best interests of the child so to do, make such an order.

(3) Without prejudice to the law as to contempt of court, where the District Court has made an order under subsection (2) (requiring that a child be delivered up to the custody 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.

(4) 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 (2) if that person was present at the sitting of the court at which such an order was made.

(5) Where a child is removed from the custody of a person in pursuance of this section, any contract between the board and that person in respect of the child shall terminate immediately upon the removal.

(6) The provisions of this section are without prejudice to the power of a health board to apply for an order under Part III or IV .

44. —(1) Where a child becomes adopted under the Adoption Acts, 1952 to 1988, and the child was, immediately before the adoption, being maintained in foster care by a health board with the adopter or adopters, the health board may, subject to any general directions given by the Minister and subject to such conditions as the health board sees fit, contribute to the maintenance of the child as if he continued to be in foster care.

(2) Where a child becomes adopted under the Adoption Acts, 1952 to 1988, any care order in force in respect of the child shall cease to have effect.

45. —(1) (a) Where a child leaves the care of a health board, the board may, in accordance with subsection (2), assist him for so long as the board is satisfied as to his need for assistance and, subject to paragraph (b), he has not attained the age of 21 years.

(b) Where a health board is assisting a person in accordance with subsection (2) (b), and that person attains the age of 21 years, the board may continue to provide such assistance until the completion of the course of education in which he is engaged.

(2) A health board may assist a person under this section in one or more of the following ways—

(a) by causing him to be visited or assisted;

(b) by arranging for the completion of his education and by contributing towards his maintenance while he is completing his education;

(c) by placing him in a suitable trade, calling or business and paying such fee or sum as may be requisite for that purpose;

(d) by arranging hostel or other forms of accommodation for him;

(e) by co-operating with housing authorities in planning accommodation for children leaving care on reaching the age of 18 years.

(3) Any arrangement made by a health board under section 55 (4) or (5) of the Health Act, 1953 , in force immediately before the commencement of this section shall continue in force as if made under this section.

(4) In providing assistance under this section, a health board shall comply with any general directions given by the Minister.

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.

47. —Where a child is in the care of a health board, the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order.

48. —(1) On the commencement of Part IV any child who is in the care of a health board pursuant to an order made under Part II or IV of the Children Act, 1908 shall be deemed to be the subject of a care order committing him to the care of that health board and the provisions of Part IV shall apply with the necessary modifications.

(2) Where, on the commencement of Part IV , a child is in the care of a health board pursuant to an order made under section 21 or 24 of the Children Act, 1908 in respect of the commission of an offence against him and the person charged with the commission of the offence is acquitted of the charge or the charge is dismissed for want of prosecution, any care order to which the child is deemed to be subject under subsection (1) shall forthwith be void, but without prejudice to anything that may have been lawfully done under it.

(3) Nothing in this Act shall affect an order made under Part II or IV of the Children Act, 1908 committing a child to the care of a relative or fit person other than a health board.

(4) On the commencement of Part III , any child who is being detained in a place of safety under any provision of the Children Act, 1908 shall be deemed to have been received into that place pursuant to an emergency care order on the date of such commencement.

(5) Where, on the commencement of Part II , a child is in the care of a health board otherwise than by virtue of a court order, he shall be deemed to have been taken into care under section 4 on the date of such commencement.

(6) Where, on the commencement of Part VI , a child is boarded-out by a health board, he shall be deemed to have been placed by the health board in foster care under an arrangement made under section 36 .

(7) Where, on the commencement of Part VI , a health board is contributing towards the maintenance of a child in accordance with section 55 (9) (c) of the Health Act, 1953 , the board may, subject to such conditions as it sees fit, continue to contribute to the maintenance of the child as if he were in foster care.

(8) Where, on the commencement of Part VI , a child is being maintained by a health board in a home or school approved by the Minister for the purposes of section 55 of the Health Act, 1953 , he shall be deemed to have been placed in residential care by the health board under an arrangement made under section 36 .

(9) Nothing in section 67 shall affect the operation of an order committing a child to a certified industrial school to which that section applies.