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17 1991

CHILD CARE ACT, 1991

PART II

Promotion of Welfare of Children

Functions of health boards.

3. —(1) It shall be a function of every health board to promote the welfare of children in its area who are not receiving adequate care and protection.

(2) In the performance of this function, a health board shall—

(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children in its area;

(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—

(i) regard the welfare of the child as the first and paramount consideration, and

(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and

(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.

(3) A health board shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69 .

(4) The provisions of the Health Acts, 1947 to 1986, and the Health (Amendment) Act, 1987 , shall apply in relation to the functions of health boards and their officers under this Act and the powers of the Minister under those Acts shall have effect accordingly as if those Acts and this Act were one Act.

Voluntary care.

4. —(1) Where it appears to a health board that a child who resides or is found in its area requires care or protection that he is unlikely to receive unless he is taken into its care, it shall be the duty of the health board to take him into its care under this section.

(2) Without prejudice to the provisions of Parts III , IV and VI , nothing in this section shall authorise a health board to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(3) Where a health board has taken a child into its care under this section, it shall be the duty of the board—

(a) subject to the provisions of this section, to maintain the child in its care so long as his welfare appears to the board to require it and while he remains a child, and

(b) to have regard to the wishes of a parent having custody of him or of any person acting in loco parentis in the provision of such care.

(4) Without prejudice to the provisions of Parts III , IV and VI , where a health board takes a child into its care because it appears that he is lost or that a parent having custody of him is missing or that he has been deserted or abandoned, the board shall endeavour to reunite him with that parent where this appears to the board to be in his best interests.

Accommodation for homeless children.

5. —Where it appears to a health board that a child in its area is homeless, the board shall enquire into the child's circumstances, and if the board is satisfied that there is no accommodation available to him which he can reasonably occupy, then, unless the child is received into the care of the board under the provisions of this Act, the board shall take such steps as are reasonable to make available suitable accommodation for him.

Provision of adoption service.

6. —(1) Each health board shall provide or ensure the provision in its area of a service for the adoption of children in accordance with the Adoption Acts, 1952 to 1988.

(2) For the purposes of this section, a health board may enter into arrangements with any adoption society for the time being registered in the Adoption Societies Register maintained by An Bord Uchtála under Part IV of the Adoption Act, 1952 .

(3) A health board may take a child into its care with a view to his adoption and may maintain him in such care in accordance with the provisions of this Act until he is placed for adoption.

(4) Without prejudice to Parts III , IV and VI , nothing in this section shall authorise a health board to take a child into its care against the wishes of a parent having custody of him or of any person acting in loco parentis or to maintain him in its care under this section if that parent or any such person wishes to resume care of him.

(5) The provisions of section 10 shall apply with any necessary modifications in relation to any arrangement made under subsection (2).

Child care advisory committees.

7. —(1) A health board shall establish a child care advisory committee to advise the health board on the performance of its functions under this Act and the health board shall consider and have regard to any advice so tendered to it.

(2) A child care advisory committee shall be composed of persons with a special interest or expertise in matters affecting the welfare of children, including representatives of voluntary bodies providing child care and family support services.

(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but a health board may make payments to any such member in respect of travelling and subsistence expenses incurred by him in relation to the business of the committee.

(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.

(5) The Minister shall give general directions in relation to child care advisory committees which may include directions on any matter relating to the membership, constitution or business of committees (including a provision empowering a committee to co-opt one or more members) and each health board and child care advisory committee shall comply with any such directions.

(6) A health board may, with the consent of the Minister, and shall, if so directed by the Minister, establish more than one child care advisory committee for its area and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.

(7) Each child care advisory committee shall—

(a) have access to non-personal information in relation to child care and family support services in its area,

(b) consult with voluntary bodies providing child care and family support services in its area,

(c) report on child care and family support services in its area, either on its own initiative or when so requested by the health board,

(d) review the needs of children in its area who are not receiving adequate care and protection,

and where more than one child care advisory committee is established in a health board area, the provisions of this subsection shall apply with the necessary modifications.

Review of services.

8. —(1) A health board shall, within 12 months of the commencement of this Part and annually thereafter, have a report prepared on the adequacy of the child care and family support services available in its area.

(2) Without prejudice to the generality of subsection (1), a health board in preparing a report under this section shall have regard to the needs of children who are not receiving adequate care and protection and, in particular—

(a) children whose parents are dead or missing,

(b) children whose parents have deserted or abandoned them,

(c) children who are in the care of the board,

(d) children who are homeless,

(e) children who are at risk of being neglected or ill-treated, and

(f) children whose parents are unable to care for them due to ill-health or for any other reason.

(3) A health board shall give notice of the preparation of a report under subsection (1) to—

(a) any child care advisory committee in its area;

(b) such bodies as the board sees fit whose purposes include the provision of child care and family support services;

and shall have regard to any views or information furnished by such committee or bodies in the preparation of the report.

(4) A health board shall submit a copy of any report prepared under this section to the Minister and may make copies of any such report available to such bodies as are mentioned in subsection (3) (b).

Provision of services by voluntary bodies and other persons.

9. —(1) A health board may, subject to any general directions given by the Minister and on such terms or conditions as it sees fit, make arrangements with voluntary bodies or other persons for the provision by those bodies or other persons on behalf of the health board of child care and family support services which the board is empowered to provide under this Act.

(2) Nothing in this section shall empower a health board to delegate to a voluntary body or any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III , IV or VI .

Assistance for voluntary bodies and other persons.

10. —A health board may, subject to any general directions given by the Minister and on such terms or conditions as it thinks fit, assist a voluntary body or any other person who provides or proposes to provide a child care or family support service similar or ancillary to a service which the health board may provide under this Act—

(a) by a periodic contribution to funds of the body or person;

(b) by a grant;

(c) by a contribution in kind (whether by way of materials or labour or any other service).

Research.

11. —(1) The Minister may conduct or assist other persons in conducting research into any matter connected with the care and protection of children or the provision of child care and family support services.

(2) A health board may conduct or assist other persons in conducting research into any matter connected with the functions assigned to the board under this Act.