Children Act, 2001

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Parental supervision order.

111.—(1) In any proceedings in which a child is found guilty of an offence, the court may make an order for the supervision of the child's parents (a “parental supervision order”) where it is satisfied that a wilful failure of the child's parents to take care of or control the child contributed to the child's criminal behaviour.

(2) Subject to subsection (3), the court may make a parental supervision order in addition to any other order it may make in relation to either the child or the child's parents.

(3) The court may not make an order under section 114 at the same time as a parental supervision order.

(4) Before making a parental supervision order, the court shall obtain and consider information about the parents' family and social circumstances and the likely effect of the order on those circumstances.

(5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard.

(6) A parental supervision order may order the parents of the child to do any or all of the following:

(a) to undergo treatment for alcohol or other substance abuse, where facilities for such treatment are reasonably available,

(b) to participate in any course that is reasonably available for the improvement of parenting skills,

(c) adequately and properly to control or supervise the child to the best of their ability, except where the terms of any community sanction imposed on the child make such control or supervision impracticable,

(d) to comply with any other instructions of the court that would in its opinion assist in preventing the child from committing further offences.

(7) A parental supervision order shall be made for a period not exceeding 6 months.

(8) The court shall appoint a probation and welfare officer to supervise the parents, to assist them in complying with the order and to monitor compliance with it.

(9) When making a parental supervision order, the court shall have regard to any order it has made or is making in respect of the child concerned and, where any such order involves the supervision of the child by a probation and welfare officer, that officer shall also be appointed to supervise the child's parents.

(10) A parental supervision order shall specify—

(a) where appropriate, the address of any place where the parents may undergo treatment or participate in any course for the improvement of parenting skills,

(b) any particular requirements of the court in relation to the control or supervision of the child,

(c) any other instructions of the court, and

(d) the period during which the order is to be in force,

and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it.

(11) Where for any reason the court considers that a parental supervision order should be made in respect of one parent only, the order may provide accordingly, notwithstanding that both parents have the custody, charge or care of the child.

(12) A parent who is the subject of a parental supervision order may appeal against the order.