Children Act, 2001

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Probation (intensive supervision) order.

125.—(1) A court may order that a child shall undergo intensive supervision in accordance with the provisions of this section.

(2) An order under this section shall for all purposes be a probation order, with the addition of such requirements as are imposed by this section.

(3) The order shall require the child concerned, as a condition of his or her recognisance—

(a) to remain under the intensive supervision of a probation and welfare officer,

(b) to reside at a specified residence during the period of intensive supervision, and

(c) to undertake and complete an education or training programme, or to undergo a course of treatment, recommended to the court by a probation and welfare officer.

(4) Any such programme may be managed by the probation and welfare service or by any person or body recommended to the court by the principal probation and welfare officer, whether or not the person or body is in receipt of any funding from the State, and it need not cater exclusively for children found guilty of offences.

(5) Where the programme is not managed by the probation and welfare service, the agreement of the person or body managing the programme shall be required for the admission of any child to it.

(6) Subject to subsection (7), the period of intensive supervision shall—

(a) commence on a date to be determined by the probation and welfare officer supervising the child,

(b) not exceed 180 days, and

(c) where it exceeds 90 days, be subject to review by the court after it has been in operation for 60 days.

(7) On a review of a period of intensive supervision in accordance with subsection (6)(c), the court, having heard the child, his or her parents or guardian and the probation and welfare officer supervising the child, may—

(a) reduce the period to 90 days, or

(b) affirm it.

(8) During the time the order is in force the child shall comply with any instructions and directions given by the supervising probation and welfare officer.

(9) An order under this section shall specify—

(a) the education or training programme to be undertaken and completed, or the course of treatment to be undergone, by the child concerned while the order is in force,

(b) the period during which the order is in force,

(c) the residence where the child is to reside while the order is in force, being the residence of the child's parents or guardian or, where that residence is not suitable or is unavailable for any reason, the residence of an adult recommended for that purpose by the probation and welfare service,

(d) the name of the probation and welfare officer under whose supervision the child is to be placed and any provisions relating to the intensity of that supervision that the court considers appropriate, and

(e) any other conditions that the child may be required to observe while the order is in force, as provided for in section 2 of the Act of 1907 and section 117 .

(10) Before making an order under this section the court shall be satisfied—

(a) that a probation and welfare officer is available for the intensive supervision of the child, and

(b) that the child would benefit from that supervision and the programme or course of treatment referred to in subsection (3)(c).

(11) The court shall cause certified copies of its order to be sent to—

(a) the person in charge of the programme or course of treatment,

(b) the probation and welfare officer who is supervising the child, and

(c) the parent or guardian of the child or, as appropriate, another adult with whom the child is residing while the order is in force.

(12) The person in charge of the programme or course of treatment shall give a copy of the order to the child.