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Published byIris Margery Hodges Modified over 8 years ago
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Children Act 2001Children Act 2001
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‘special care unit’ means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care; ‘special care unit’ means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care;
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S.23BS.23B High CourtHigh Court
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Criteria for a special care order the child has attained the age of 11 years;the child has attained the age of 11 years; the behaviour of the child poses a real risk;the behaviour of the child poses a real risk; other care provisions do not adequately address the child’s needs;other care provisions do not adequately address the child’s needs; the child requires a level of care that can only be provided with a Special Care order;the child requires a level of care that can only be provided with a Special Care order; consultations have been carried out with relevant parties;consultations have been carried out with relevant parties; a family welfare conference has been convened if necessary S.23F(6);a family welfare conference has been convened if necessary S.23F(6); the child requires special care for the purposes of their welfare;the child requires special care for the purposes of their welfare; it is in the best interests of the child.it is in the best interests of the child.
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The interaction of Special Care procedings and criminal procedingsThe interaction of Special Care procedings and criminal procedings Child charged with an offenceChild charged with an offence Child charged with offence during period order has effectChild charged with offence during period order has effect Child remanded in custodyChild remanded in custody Where custodial sentence imposedWhere custodial sentence imposed
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NoticeNotice -parent having custody of the child -person acting in loco parentis -guardian ad litem - where HSE considers appropriate relative of child -Garda Síochána
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3 months3 months
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Review each 4 week periodeach 4 week period maximum two applications to extendmaximum two applications to extend directions hearingsdirections hearings
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Interim special care order before determinationInterim special care order before determination Interim special care order – 14 daysInterim special care order – 14 days Interim special care order ex-parte – 8 daysInterim special care order ex-parte – 8 days
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Failure to find a child within 3 daysFailure to find a child within 3 days AppealAppeal
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Functions of the HSEFunctions of the HSE
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Discharge and Variation
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HSE GuidelinesHSE Guidelines –admission and discharge from special care –absconding –aftercare services
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Guardian ad litem Aftercare -court may give directions relating to service of documents -role of guardian ad litem -may appoint a solicitor and counsel -HSE only obliged to pay costs reasonably incurred -absence of statutory guidelines Voice of the Child
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Dissolution of Children Acts Advisory Board
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Interagency CooperationInteragency Cooperation
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