Home
English VersionIrish Version
Search for Click to Search
Advanced Search
Printable Version
All SectionsPractice DirectionsCourt Rules Terms & Sittings
Legal Diary Offices & Maps Judgments & Determinations

Rules of the Superior Courts

Appendix: LL

Special Care of Children : S.I. No. 63 of 2018 Rules of the Superior Courts (Special Care of Children) 2018

No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9

-----------

No. 1


O.65A, r. 3

HIGH COURT

SPECIAL CARE


In the matter of ................ a child

........... Applicant

........... Respondent


SPECIAL CARE ORDER

CHILD CARE ACT 1991, SECTION 23H


UPON APPLICATION made to the Court today by the Child and Family Agency (hereinafter, “the Agency”) for a special care order under section 23H of the Child Care Act 1991 in respect of the above-named child (hereinafter, “the child”) who appears to the Court to be aged ......... years having been born *(so far as has been ascertained) on the ..... day of ...... 20 .... and who *resides *has been found at ............... in the presence of [insert as appropriate]

THE COURT

*having read the affidavit of ...............

*having heard the evidence given herein

having heard what was submitted by [insert as appropriate]

being satisfied that

(a) the child has attained the age of 11 years

(b) the behaviour of the child poses a real and substantial risk of harm to *his/*her life, health, safety, development or welfare

(c) having regard to that behaviour and risk of harm and the care requirements of the child—

      (i) the provision, or the continuation of the provision, by the Agency to that child of care, other than special care, and

      (ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001

will not adequately address that behaviour and risk of harm and those care requirements,

(d) having regard to paragraph (c), the child requires special care to adequately address—

      (i) that behaviour and risk of harm, and

      (ii) those care requirements,

which the Agency cannot provide to the child unless a special care order is made in respect of that child

(e) *the Agency has carried out the consultation referred to in section 23F(3) of the Child Care Act 1991/ *it is in the best interests of the child not to have carried out the consultation referred to in section 23F(3) of the Child Care Act 1991 having regard to the grounds provided in accordance with section 23F(9) of that Act

(f) in respect of the family welfare conference referred to in section 23F(5) of the Child Care Act 1991, *the Agency has convened the family welfare conference and the Agency has had regard to the recommendations notified in accordance with section 12 of the Children Act 2001/*it is in the best interests of the child that a family welfare conference as referred to in section 23F(5) of the Child Care Act 1991was not convened having regard to the information and grounds provided in accordance with section 23F(10) of that Act

(g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care

(h) having regard to paragraphs (a) to (g), the detention of the child in a special care unit, as it is required for the purpose of providing special care to him or her, is in the best interests of the child

*and being satisfied that notice of the application was duly served

*and having directed that the application be made otherwise than on notice to ............* a parent having custody of the child *a guardian of the child * a person acting in loco parentis with respect to the child

HEREBY MAKES A SPECIAL CARE ORDER in respect of the child ........, and

ORDERS that the child be and is hereby committed to the care of the Agency for the period of ............. (being a period not exceeding three months) from the date hereof.

DIRECTS the Agency to detain the child in the special care unit at ............., which unit the Agency considers appropriate for the child, for the purpose of providing the child with special care

DIRECTS the Agency to provide special care to the child and to generally care for and maintain the child

AND, having regard to all the circumstances of the child, the Court considering it necessary and in the best interests of the child, THE COURT FURTHER PROVIDES AND DIRECTS under section 23H(2) of the Child Care Act 1991, as follows:–

[insert as appropriate]

AND IT IS FURTHER DIRECTED in accordance with section 23I of the Child Care Act 1991 that this matter be re-listed for the purposes of the reviews referred to in section 23I(4) of that Act on the following date*[s] and at the following time*[s]–

The .... day of ......... 20...... at .....o’clock at ..........

The ..... day of ........ 20...... at .....o’clock at .....[.etc.]

Dated this ..... day of ...... 20 ......

..................

Registrar

*delete where inapplicable


------------------

No. 2


O.65A, r. 3, 7

[Title as in Form No. 1]

INTERIM SPECIAL CARE ORDER

CHILD CARE ACT 1991, SECTION 23L


UPON APPLICATION made to the Court today by the Child and Family Agency (hereinafter, “the Agency”) for an interim special care order under section 23L of the Child Care Act 1991 in respect of the above-named child (hereinafter, “the child”) who appears to the Court to be aged ...... years having been born *(so far as has been ascertained) on the ..... day of ........ 20...... and who *resides *has been found at ............ in the presence of [insert as appropriate]

THE COURT

*having read the affidavit of ...........

*having heard the evidence given herein

having heard what was submitted by [insert as appropriate]

being satisfied that

(a) the child has attained the age of 11 years,

(b) the Agency is taking all steps reasonably open to it to make a determination under section 23F of the Child Care Act 1991 in respect of the child

(c) the behaviour of the child poses a real and substantial risk of harm to *his/*her life, health, safety, development or welfare

(d) the risk of harm, referred to in paragraph (c), is immediate

(e) having regard to that behaviour and risk of harm and the care requirements of the child—

      (i) the provision, or the continuation of the provision, by the Agency to the child of care, other than special care, and

      (ii) treatment and mental health services under, and within the meaning of, the Mental Health Act 2001

will not adequately address that behaviour and risk of harm and those care requirements

(f) having regard to paragraph (e), the child requires special care to adequately address–

      (i) that behaviour and risk of harm, and

      (ii) those care requirements,

which the Agency cannot provide to the child unless an interim special care order is made in respect of the child

(g) for the purposes of protecting the life, health, safety, development or welfare of the child, the child requires special care,

(h) having regard to paragraph (d), the child requires special care immediately and it is required to be provided before the determination under section 23F of the Child Care Act 1991 is made in respect of the child, and

      (i) having regard to paragraphs (a) to (h), the detention of the child in a special care unit, as it is required for the purpose of providing special care to *him/*her, is in the best interests of the child,
*and being satisfied that notice of the application was duly served

*and having directed that the application be made otherwise than on notice to ...........* a parent having custody of the child *a guardian of the child * a person acting in loco parentis with respect to the child

and being satisfied that the interests of justice †the welfare of the child the protection of the life, health, safety, development or welfare of the child so require

HEREBY MAKES AN INTERIM SPECIAL CARE ORDER in respect of the child ............, and

ORDERS that the child be and is hereby committed to the care of the Agency for the period of .......... (being a period not exceeding 8 days *14 days) from the date hereof.

DIRECTS the Agency to detain the child in a special care unit, which the Agency considers appropriate for the child, for the purpose of providing the child with special care

DIRECTS the Agency to provide special care to the child and to generally care for and maintain the child

AND, having regard to all the circumstances of the child, the Court considering it necessary and in the best interests of the child, THE COURT FURTHER PROVIDES AND DIRECTS under section 23L(2) of the Child Care Act 1991, as follows:–

AND IT IS FURTHER DIRECTED

in accordance with section 23M(1)(a) of the Child Care Act 1991 that the hearing of an application for an interim special care order on notice to the persons referred to in section 23G(1) of the Child Care Act 1991 be appointed for the ..... day of ...... 20...... at .... o’clock at ........

in accordance with section 23M(1)(b) of the Child Care Act 1991 that a copy of this interim special care order and notice of the said hearing be served on .......... of .........and ............. of ........, being a person referred to in section 23G(1) of the Child Care Act 1991, in accordance with paragraphs (a) and (b) of that sub-section

in accordance with section 23M(1)(c) of the Child Care Act 1991 that a copy of this interim special care order and notice of the said hearing be served on ......... of .........., who *is hereby/*has been appointed under section 26 of the Child Care Act 1991 as guardian ad litem of the child in respect of the proceedings

in accordance with section 23M(1)(d) of the Child Care Act 1991 that .......... of .......... and ......... of .........., being a person referred to in section 23G(2) section 23G(5) of the Child Care Act 1991, be informed of the making of this interim special care order and of the said hearing

Dated this ....... day of ....... 20......

.................

Registrar

only applicable in a case where an interim special care order is made ex parte; in any such case, delete any option which is inapplicable

*delete where inapplicable


------------------

No. 3

[Title as in Form No. 1]

ORDER TO DELIVER CUSTODY OF A CHILD IN RESPECT FOR THE PURPOSES OF EXECUTING *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER

CHILD CARE ACT 1991, *SECTION 23H(3)(a) * SECTION 23L(4)(a)


WHEREAS UPON APPLICATION made to this Court *today/*on the ..... day of ...... 20...... by the Child and Family Agency (hereinafter, the “Agency”) for an order under *section 23H *section 23L of the Child Care Act 1991 in respect of the above-named child (hereinafter, the “child”)

THE COURT on the ..... day of ......... 20..... made *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER in respect of the child ........ and ORDERED that the child be committed to the care of the Agency for the period of ......... (being a period not exceeding three months) from the date of said order and DIRECTED the Agency to detain the child in a special care unit *[at ............], which the Agency considers appropriate for the child, for the purpose of providing the child with special care

AND WHEREAS the child is not in the custody of the Agency

IT IS HEREBY ORDERED that ........ *of ......... do deliver the child into the custody of the Agency *[at the special care unit at ..........] *not later than ...... o’clock on the ........ day of ...... 20......

* And if you the within named A.B. neglect to obey this order *by the time herein limited, you will be liable to process of execution including imprisonment for the purpose of compelling you to obey this order.

Dated this ..... day of ..... 20......

Signed ...............

Registrar

To A.B. of ..............

*Delete words inapplicable


------------------

No. 4

[Title as in Form No. 1]

ORDER TO SEARCH FOR AND DELIVER A CHILD FOR THE PURPOSES OF EXECUTING *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER

CHILD CARE ACT 1991, *SECTION 23H(3)(b) * SECTION 23L(4)(b)


WHEREAS UPON APPLICATION made to this Court *today/*on the ..... day of ...... 20...... by the Child and Family Agency (hereinafter, the “Agency”) for an order under *section 23H *section 23L of the Child Care Act 1991 in respect of the above-named child (hereinafter, the “child”)

THE COURT on the ..... day of....... 20...... made *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER in respect of the child ......... and ORDERED that the child be committed to the care of the Agency for the period of ........... (being a period not exceeding three months) from the date of said order and DIRECTED the Agency to detain the child in a special care unit *[at ..........], which the Agency considers appropriate for the child, for the purpose of providing the child with special care

AND WHEREAS the child is not in the custody of the Agency

THIS ORDER DIRECTS the Garda Síochána to search for and find the child ......., and to deliver the child into the custody of the Agency at the

special care unit *[at .........] specified by the Agency. Dated this ...... day of ..... 20 .....

Signed .................

Registrar

To the Commissioner of the Garda Síochána

*Delete words inapplicable


------------------

No. 5

[Title as in Form No. 1]

WARRANT TO EXECUTE *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER

CHILD CARE ACT 1991, *SECTION 23H(3)(c) *SECTION 23L(4)(c)


WHEREAS UPON APPLICATION made to this Court *today/*on the .... day of ....... 20...... by the Child and Family Agency (hereinafter, the “Agency”) for an order under *section 23H *section 23L of the Child Care Act 1991 in respect of the above-named child (hereinafter, the “child”)

THE COURT on the ..... day of ....... 20 ...... made *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER in respect of the child ............ and ORDERED that the child be committed to the care of the Agency for the period of ....... (being a period not exceeding three months) from the date of said order and DIRECTED the Agency to detain the child in a special care unit *[at .........], which the Agency considers appropriate for the child, for the purpose of providing the child with special care

AND WHEREAS the child is not in the custody of the Agency

THIS IS TO AUTHORISE YOU ......... a member of the Garda Síochána of ........... accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) the • ........ at ......... where the child is, or where there are reasonable grounds for believing that the child is, and to deliver the child into the custody of the Agency at the special care unit *[at ....... ] in which the child is to be detained.

Dated this ..... day of ....... 20......

Signed ...................

Judge of the High Court

To the above-named member of the Garda Síochána at .............

Name the house or other place specified in the warrant, including any building or part of a building, tent, caravan, or other temporary or moveable structure, vehicle, vessel, or aircraft as set out in section 23H(3)(c) or, as the case may be, section 23L(4)(c) of the Child Care Act 1991 (as substituted by section 10 of the Child Care (Amendment) Act 2011).

*Delete words inapplicable


------------------

No. 6

[Title as in Form No. 1]

ORDER TO SEARCH FOR AND DELIVER A CHILD IN RESPECT OF WHOM *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER HAS BEEN MADE

CHILD CARE ACT 1991, SECTION 23NA(1)


WHEREAS UPON APPLICATION made to this Court *today/*on the ..... day of ..... 20 ..... by the Child and Family Agency (hereinafter, the “Agency”) for an order under *section 23H *section 23L of the Child Care Act 1991 in respect of the above-named child (hereinafter, the “child”) and for an order pursuant to section 23NA(1) of the Child Care Act 1991

THE COURT on the ..... day of ........ 20..... made *A SPECIAL CARE ORDER *AN INTERIM SPECIAL CARE ORDER in respect of the child ........... and ORDERED that the child be committed to the care of the Agency for the period of ......... (being a period not exceeding three months) from the date of said order and DIRECTED the Agency to detain the child in a special care unit *[at .........], which the Agency considers appropriate for the child, for the purpose of providing the child with special care

THIS ORDER DIRECTS for the duration of the period for which the said * special care order *interim special care order has effect, the Garda Síochána, when requested by the Agency, to search for and find the child and to deliver the child to the custody of the Agency at a special care unit specified by the Agency *[at ....] where the child—

(a) is, without lawful authority or the consent or knowledge of the Agency, removed from the custody of the Agency or from a special care unit

(b) absconds from a special care unit or the custody of the Agency

(c) fails to return, or is prevented from returning to—

      (i) a special care unit, or

      (ii) the custody of the Agency

or

(d) is missing or is otherwise absent, without the consent or knowledge of the Agency, from a special care unit or place to which he or she has been released under section 23NF or section 23NG of the Child Care Act 1991.

Dated this ...... day of ....... 20......

Signed...............

Registrar

To the Commissioner of the Garda Síochána

*Delete words inapplicable


------------------

No. 7

[Title as in Form No. 1]


O.65A, r. 11(1)

INFORMATION FOR ORDER FOR DELIVERY OF CHILD TO THE CUSTODY OF CHILD AND FAMILY AGENCY

CHILD CARE ACT 1991, SECTION 23NI(4)


THE INFORMATION OF ................. of ............ who says on oath-

I am duly authorised by the Child and Family Agency to make this application, being so authorised by...... (specify how authorised) ........

I believe that there are reasonable grounds for believing that .......... of ............ can produce the above-named child, being a child referred to in section 23NI(1) of the Child Care Act 1991

And I hereby apply for and order under section 23NI(4) of the said Act directing the said ........ to deliver up the said child to the custody of the Child and Family Agency

*and for such directions for the purpose of that order as the Court may consider necessary and in the best interests of the said child.

The reason*[s] for my so believing *is *are as follows:-

....................

Signed ..................

Informant

SWORN before me this ..... day of ...... 20 .... at ............

Signed ............

Judge of the High Court

*Delete words inapplicable


------------------

No. 8

[Title as in Form No. 1]


O.65A, r. 11(2)

INFORMATION FOR WARRANT

CHILD CARE ACT 1991, SECTION 23NI(6)


THE INFORMATION OF ............... of .............. who says on oath-

I am duly authorised by the Child and Family Agency to make this application, being so authorised by ...... (specify how authorised) ..............

I believe that there are reasonable grounds for believing that the above-named child, being a child referred to in section 23NI(1) of the Child Care Act 1991, is in a house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, namely ......... at .............

And I hereby apply for the issue of a warrant under section 23NI(6) of the said Act for the issue of 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 said .......... (specify house or other place), where the said child is, or where there are reasonable grounds for believing that the said child is, and to return the child to the custody of the Child and Family Agency at the special care unit specified by the Child and Family Agency *[at ........ ].

The reason*[s] for my so believing *is *are as follows:-

..................

Signed ...........

Informant

SWORN before me this ..... day of ........ 20...... at ...........

Signed ..............

Judge of the High Court

*Delete words inapplicable


------------------

No. 9

[Title as in Form No. 1]


O.65A, r. 11

WARRANT

CHILD CARE ACT 1991, SECTION 23NI(6)


WHEREAS from the information on oath and in writing sworn before me on this day pursuant to section 23NI(6) of the above-mentioned Act by ......... of .......... a person duly authorised in that behalf by the Child and Family Agency

I AM SATISFIED THAT there are reasonable grounds for believing that the above-named child, being a child referred to in section 23NI(1) of the Child Care Act 1991, is in a house or other place, including any building or part of a building, tent, caravan or other temporary or moveable structure, vehicle, vessel or aircraft, namely .............. at ..........

THIS IS TO AUTHORISE ............... of ............, 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 said ............ (specify house or other place), where the said child is, or where there are reasonable grounds for believing that the said child is, and to return the child to the custody of the Child and Family Agency at the special care unit specified by the Child and Family Agency *[at ...........].

Dated this ...... day of ......... 20......

at ...........

Signed ..................

Judge of the High Court

To ..............

Garda Síochána at .........................