First Previous (PART 2 Amendment of Child Care Act 1991 ) Next (SCHEDULE Amendment of Acts and Statutory Instruments to Change Name of Special Residential Services Board to Children Acts Advisory Board )

26 2007

Child Care (Amendment) Act 2007

PART 3

Consequential and other Amendments to Children Act 2001

Definition of “Act of 2001”.

14 .— In this Part, “Act of 2001” means the Children Act 2001 .

Amendment of section 16 of Act of 2001.

15 .— Section 16 of the Act of 2001 is amended by repealing it only to the extent that it provides for the insertion of section 23D, as set out in such section 16, into the Child Care Act 1991 .

Amendment of section 76A of Act of 2001.

16 .— Section 76A(1)(c) (inserted by section 132 of the Criminal Justice Act 2006 ) of the Act of 2001 is amended by deleting “and, pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of the child”.

Amendment of section 77 of Act of 2001.

17 .— Section 77(1) (as amended by item 13 of Part 11 of Schedule 7 to the Health Act 2004 ) of the Act of 2001 is amended—

(a) in paragraph (a), by deleting “, and” and substituting “if in the Court’s view it is practicable for the Health Service Executive to hold such a conference having regard to the age of the child and his or her family and other circumstances,”, and

(b) by deleting paragraph (b).

Amendment of section 225 of Act of 2001.

18 .— Section 225(1) of the Act of 2001 is amended, in the definition of “Board”, by inserting “and known, after the commencement of section 226A, as the Children Acts Advisory Board” after “section 226”.

New section 226A in Act of 2001.

19 .— The following section is inserted in the Act of 2001 after section 226:

“Change of name of Board.

226A.— On the commencement of this section, the Board shall be known as the Children Acts Advisory Board, or in the Irish language An Bord Comhairleach um Achtanna na Leanaí.”.

Substitution of section 227 of Act of 2001.

20 .— Section 227 (as amended by item 17 of Part 11 of Schedule 7 to the Health Act 2004 and section 156 of the Criminal Justice Act 2006 ) of the Act of 2001 is repealed and the following section substituted:

“Functions of Board.

227.— (1) The Board shall—

(a) on request advise the Ministers on policy issues relating to the coordinated delivery of services under this Act and the Act of 1991 (including residential accommodation and support services to children detained in children detention schools and special care units),

(b) publish guidance on the qualifications, criteria for appointment, training and role of any guardian ad litem appointed for children in proceedings under the Act of 1991,

(c) in consultation with the Health Service Executive, prepare and publish criteria for the admission to and discharge from special care units of children subject to special care and interim special care orders,

(d) subject to subsection (6) of section 29 (as amended by section 3 of the Child Care (Amendment) Act 2007) of the Act of 1991, authorise in writing a class or classes of persons representing the Board to prepare reports referred to in, and for the purposes of, subsection (5) of that section 29,

(e) give its views on any proposal of the Health Service Executive, pursuant to section 23A(2)(b) (inserted by section 16 of this Act), to apply for a special care order under Part IVA of the Act of 1991,

(f) using published sources, report on the level and nature of residential accommodation and support services to children detained in children detention schools and special care units,

(g) promote enhanced inter-agency co-operation (including the sharing of information) under this Act and the Act of 1991,

(h) promote, organise or take part in meetings, seminars, conferences, lectures or demonstrations (whether in the State or elsewhere) in relation to its functions set out in paragraphs (a) to (g), and

(i) conduct or commission research, and collect, maintain, research and evaluate statistics and other data, relating to its functions set out in paragraphs (a) to (h).

(2) 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.

(3) The Board shall have all such powers as are necessary or expedient for the exercise of its functions.”.

Amendment of other Acts and of statutory instruments to change name of Special Residential Services Board to Children Acts Advisory Board.

21 .— (1) The Acts specified in Part 1 of the Schedule are amended as indicated in that Part.

(2) The statutory instruments specified in Part 2 of the Schedule are amended as indicated in that Part.