S.I. No. 5/2006 - District Court (Children) Rules 2006

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1 These rules may be cited as the District Court (Children) Rules 2006.

2 These rules shall come into operation on the 7^th day of February 2006 and shall be read together with all other District Court rules for the time being in force.

3 Order 84 of the District Court Rules, 1997 ( S.I. No.93 of 1997 ) is hereby amended by:

(i) the substitution for rules 1 and 2 thereof of the following rules:

“1. In this Order:

“the Act” means the Child Care Act 1991 (No. 17 of 1991);

“the Act of 2001” means the Children Act 2001 (No. 24 of 2001);

“child” means a person under the age of eighteen year other than a person who is or has been married;

“Executive” means the Health Service Executive established by section 6 of the Health Act 2004 (No. 42 of 2004);

“parents” has the meaning assigned to it by section 2(1) of the Act.

2. (1) Proceedings under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part VI of the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses and such other persons as the Judge in his or her discretion may allow, shall be permitted to be present at the hearing.

(2) The Judge may, if he or she thinks it proper to do so, order any witness who is not a party to the proceedings to leave the court either until his or her evidence is required or after his or her evidence has been given.

(3) Proceedings in the Court under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part VI of the Act shall be as informal as is practicable and consistent with the administration of justice. Neither Judges hearing and determining such proceedings nor barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.”

(ii) the substitution for rule 21 thereof of the following rule:

“21. An appeal from an order made by the Court under Part IV or Part IVA (inserted by section 16 of the Act of 2001) of the Act shall, if the Court or the Court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the Court making the determination”.

(iii) the insertion immediately after rule 21 of the following rules:

“Proceedings under Part IV A of the Act (as inserted by section 16 of the Children Act 2001 )

21A. (1) An application by the Executive under section 23B (1) of the Act for a special care order shall be preceded by the issue and service of a notice in the Form 84.40A, Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. A special care order made on such application shall be in the Form 84.40B, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

(2) An application by the Executive under section 23B (4)(b) of the Act for an extension of the period of a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) hereof of a notice in the Form 84.40C, Schedule C. An order granting such an extension shall be in the Form 84.40D, Schedule C and may be endorsed upon the special care order.

(3) An application by the Executive under section 23B (5) of the Act for an order discharging a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) of a notice in the Form 84.40E, Schedule C.

(4) Except in a case where the Judge otherwise directs under Section 23C (3) of the Act, an application by the Executive under section 23C (1) of the Act for an interim special care order shall be preceded by the issue and service of a notice in the Form 84.40F, Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. An interim special care order made on such application shall be in the Form 84.40G, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

(5) An application by a person specified in section 23C (2)(b) of the Act for an extension of the period of an interim special care order shall, except where the Judge has otherwise directed under section 23C (3), be preceded by the issue and service on the respondent referred to in sub-rule (4) hereof (or, as the case may be, on the Executive) of a notice in the Form 84.40H Schedule C. The order granting the extension shall be in the Form 84.40I, Schedule C and may be endorsed upon the interim special care order.

(6) An application under section 18 (6) of the Act (as applied to special care orders by section 23B(8) of the Act) for the Court's directions pending the determination of an application for a special care order shall be made in the manner prescribed by rule 13 of this Order. Such application shall be in the Form 84.19, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.20, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(7) An application under section 18 (6) of the Act (as applied to special care orders by section 23B(8) of the Act) for a supervision order pending the determination of an application for a special care order shall be made in the manner prescribed by rule 14 of this Order. Such application shall be in the Form 84.21, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.22, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(8) Where, in addition to making a special care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of the child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23, Schedule C, modified as appropriate, and shall be served by the Executive upon the said parent or parents.

(9) An application under section 18 (8) of the Act (as applied to special care orders by section 23B (8) of the Act) to vary or discharge a contribution order shall be made in the manner prescribed by rule 15(2) of this Order. Such application shall be in the Form 84.24, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.25, Schedule C, modified as appropriate, and shall be served upon the parent required to contribute.

(10) Unless made viva voce at the hearing of another application made in accordance with this Order in respect of the child, an application —

(a) by any person under section 23F (1) of the Act to vary or discharge a special care order or

(b) by the Executive under section 23F (1) and section 23F (2) of the Act to discharge a special care order and make a supervision order in respect of the child, or to discharge a special care order and make a care order in respect of the child

shall be preceded by the issue and service in the Form 84.40J, 84.40K or 84.40L, Schedule C, as the case may be, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting such application shall be in the Form 84.40M, 84.40N or 84.40O Schedule C, as the case may be, and shall be served upon the respondent and upon any other person directly affected by the order.

(11) An application under section 13 (7)(a) of the Act (as applied to interim special care orders by section 23C (4) of the Act) for directions shall be made in the manner prescribed by rule 7(1) of this Order. Such application shall be in the Form 84.6, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.7, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(12) An application under section 13 (7)(b) of the Act (as applied to interim special care orders by section 23C (4) of the Act) to vary or discharge a direction shall be made in the manner prescribed by rule 7(2) of this Order. Such application shall be in the Form 84.8, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.9, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

Proceedings under Part IV B of the Act (as inserted by section 16 of the Children Act 2001 )

21B. (1) An application for the issue of a warrant under section 23T (2) of the Act of 1991 shall be made to a Judge of the District Court assigned to and sitting in the District Court District wherein are situated the premises in which it is believed the child may be residing. Such application shall be by the information on oath and in writing in the Form 84.40P of an authorised officer appointed by the Executive under section 23S (1) of the Act of 1991. A warrant issued on foot of such information shall be in the Form 84.40Q, Schedule C.

(2) An application for an order under section 23U of the Act of 1991 shall be preceded by the issue and service upon the person mentioned in paragraphs (a) and (b) of section 23U of the said Act of a notice in the Form 84.40R, Schedule C. Such notice shall be served at least two days prior to the date fixed for hearing the application. Where the Court on such application makes an order referred to in paragraph (iii) of section 23U, such order shall be in the Form 84.40S, Schedule C. Where the Court on such application makes an order referred to in paragraph (i) or paragraph (ii) of section 23U, such order shall be (as the case may be) in the Form 84.4, 84.11, 84.15 or 84.18, Schedule C, modified as appropriate.”

4 The Forms numbered 84.40A to 84.40S inclusive in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

5 The Forms numbered 84.41 to 84.43 inclusive in Schedule 2 hereof shall be substituted for the Forms bearing those numbers in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

6 In each of the Forms numbered 84.1 to 84.40 inclusive and 84.44 to 84.67 inclusive in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ), the words “Judge of the Children Court” shall be substituted for the words the “Judge of the District Court” wherever those words appear.

7 For the avoidance of doubt, any and every reference in Order 84 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) and in any of the Forms numbered 84.1 to 84.67 inclusive in Schedule C to a health board shall be and be deemed to be a reference to the Executive, as defined in rule 1 of the said Order 84 as substituted by these Rules.

Schedule 1

84.40A

SCHEDULE C

O.84, r.21A (1)

CHILD CARE ACT 1991, SECTION 23B (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION FOR A SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of.............................................................................................

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

of................................................................................................

WHEREAS the child referred to above, who ✱is ✱appears to be aged..........years having been born ✱(so far as has been ascertained) on the.......... day of ............ and who ✱resides ✱has been found at .................... in the said court district.

WHEREAS the applicant Health Service Executive believes that the said child requires special care or protection which (s)he is unlikely to receive unless the Court makes an order under Part IV A of the said Act of 1991 on the grounds that

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

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

AND WHEREAS the applicant has arranged the convening of a family welfare conference (within the meaning of the Children Act 2001 ) in respect of the said child

✱AND WHEREAS the applicant, on the conclusion of the conference proceedings, proposes to apply for a special care order in respect of the said child and has sought the views of the Special Residential Services Board.

TAKE NOTICE that the applicant will apply to the sitting of the Children Court to be held at ........................................ on the ..................... day of .............20...... at................. a.m./p.m. for a special care order committing the said child to the care of the applicant for as long as the order remains in force and authorising the applicant to provide appropriate care, education and treatment for the said child and, for that purpose, to place and detain the said child in a special care unit provided by or on behalf of the applicant pursuant to section 23K of the said Act of 1991.

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

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

Solicitor for the applicant

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

of ..............................

the above-named respondent

84.40B

SCHEDULE C

O.84, r. 21A(1)

CHILD CARE ACT 1991, SECTION 23 B (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT, 2001)

SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of................................................................................................

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

of..................................................................................................

UPON APPLICATION made to the Court today by the Health Service Executive under section 23B of the above mentioned Act for a special care order in respect of the above- named child who appears to the Court to be aged ......... years having been born ✱(so far as has been ascertained) on the ......... day of .............................. and who ✱resides ✱has been found at ............................... in said court district.

THE COURT

BEING SATISFIED THAT notice of the application was duly served,

BEING SATISFIED THAT a family welfare conference (within the meaning of the Children Act 2001 ) has been concluded

HAVING TAKEN INTO ACCOUNT the views of the Special Services Residential Board

BEING SATISFIED THAT the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare and

BEING SATISFIED THAT the child requires special care or protection which he or she is unlikely to receive unless the Court makes such an order.

HEREBY ORDERS that the above-named child ............................... be and is hereby ✱placed ✱maintained in the care of the applicant Executive for the period of .................... (being not less than three months or more than six months) from ✱the date hereof ✱the date upon which the child is delivered into the custody of the Executive.

And the said Executive is hereby authorised to provide appropriate care, education and treatment for the child and, for that purpose to place and detain the said child in a special care unit provided by or on behalf of the said Executive pursuant to section 23K of the said Act of 1991, namely, ..................................... at...................................................

And the Court further directs under section 18 (7) of the Act of 1991 as follows:-

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

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

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

Judge of the Children Court

84.40C

SCHEDULE C

O.84, r.21A (2)

CHILD CARE ACT 1991, SECTION 23B (4) (b) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION FOR EXTENSION OF A SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of..............................................................................................

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

of................................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ......20... made a special care order * placing * maintaining the above named child in the care of the said Executive for the period of .......

TAKE NOTICE that the above-named applicant will apply under section 23B (4)(b) of the said Act at the sitting of the Children Court to be held at ........................................ on the ..... day of ..............20... at ....a.m./p.m. for an extension of the period of validity of the said special care order for * a further period of .......days * such further period as may be ordered.

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

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

Solicitor for the applicant

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

of .......................................

the above-named respondent

84.40D

SCHEDULE C

O.84, r.21A (2)

CHILD CARE ACT 1991, SECTION 23B (4) (b) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

ORDER EXTENDING THE PERIOD OF VALIDITY OF A SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of..............................................................................................

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

of................................................................................................

WHEREAS ON APPLICATION by the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ...............20... made a special care order * placing * maintaining the above named child in the care of that Executive for the period of .......

NOW THE COURT on the application of the applicant herein for an extension of the period of validity of the said special care order

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

notice of the application was duly

served grounds for the making of a special care order continue to exist with respect to the child

HEREBY EXTENDS the period of validity of the special care order in respect of the said child for the further period of ...............from the date hereof.

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

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

Judge of the Children Court

84.40E

SCHEDULE C

O.84, r.21A (3)

CHILD CARE ACT 1991, SECTION 23B (5) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION FOR DISCHARGE OF A SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of.......................................................................................

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

of...........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ......20... made a special care order * placing * maintaining the above-named child in the care of that Executive for the period of .......

AND WHEREAS IT APPEARS TO THE APPLICANT that the circumstances which led to the making of the said special care order no longer exist with respect to the said child.

TAKE NOTICE that the above-named applicant will apply under section 23B (5) of the said Act at the sitting of the Children Court to be held at .......................... on the ..... day of .............20... at ....a.m./p.m. for an order discharging the said special care order.

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

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

Solicitor for the applicant

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

of ...................................

the above-named respondent

84.40F

SCHEDULE C

O.84, r.21A (4)

CHILD CARE ACT 1991, SECTION 23C (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION FOR AN INTERIM SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of.......................................................................................

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

of...........................................................................................

WHEREAS the child referred to above, who ✱is ✱appears to be aged........... years having been born ✱(so far as has been ascertained) on the ......... day of .............. and who ✱resides ✱has been found at ............. in the said court district.

WHEREAS the applicant, the Health Service Executive, believes the said child requires special care or protection which (s)he is unlikely to receive unless the Court makes an order under Part IVA of the said Act of 1991 on the grounds that

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

AND WHEREAS the applicant is complying with the requirements of section 23A (2) of the said Act in relation to the making of a special care order in respect of the said child.

TAKE NOTICE that the applicant will apply to the sitting of the Children Court to be held at ......................... on the .......... day of ...................20.... at ....... a.m./p.m. for an interim special care order requiring that the said child be placed and detained in a special care unit, namely, ................................at....................................................

✱for such period not exceeding twenty eight days

✱the applicant and respondent consenting thereto, for such period exceeding twenty eight days

as may be specified in such interim special care order.

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

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

Solicitor for the applicant

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

of ............................

the above-named respondent

84.40G

SCHEDULE C

O.84.r.21A (4)

CHILD CARE ACT 1991, SECTION 23C (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

INTERIM SPECIAL CARE ORDER

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

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

of............................................................................................

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

of ............................................................................................

UPON APPLICATION MADE to the Court today by the Health Service Executive under section 23C of the above mentioned Act for an interim special care order in respect of the above named child who appears to the Court to be aged......... years having been born * (so far as has been ascertained) on the ............ day of ...................... and who * resides * has been found at .. ...............................................................................in the said court district.

THE COURT

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

§ notice of the application was duly served,

the Executive is complying with the requirements of section 23A(2) of the said Act

the behaviour of the child is such that it poses a real and substantial risk to his or her health, safety, development or welfare and

it is necessary in the interests of the child that, pending determination of the application for a special care order, that he or she be placed and detained in a special care unit until provided under section 23K of the said Act of 1991.

HEREBY ORDERS AND REQUIRES that the above-named child.............................. be placed and detained in a special care unit namely, ............................................ at.. ...............................................................for the period of ...................

* [being a period not exceeding twenty-eight days]

* [being a period exceeding twenty-eight days, and the applicant and the respondent consenting to such period]

from the date of this order.

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

Judge of the Children Court

84.40H

SCHEDULE C

O.84.r.21A (5)

CHILD CARE ACT 1991, SECTION 23C (2) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION FOR AN EXTENSION OF AN INTERIM SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of.........................................................................................

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

of...........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23C (2) of the above mentioned Act, this Court on the ......day of ...............20... made an interim special care order requiring that the above-named child................................ be placed and detained in a special care unit namely, ............................................ at. ...................................................for the period of ...................

TAKE NOTICE that the above-named * applicant * respondent will apply at the sitting of the Children Court to be held at ................................................ on the ..... day of .............20... at ....a.m./p.m. for an extension, under section 23C (2) of the act, of the period of the said interim special care order for a further period of ...... days.

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

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

Solicitor for the * applicant * respondent

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

of ......................................

84.40I

SCHEDULE C

O.84, r. 21A (5)

CHILD CARE ACT 1991, SECTION 23C (2) (b) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

ORDER EXTENDING THE PERIOD OF AN INTERIM SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of.........................................................................................

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

of...........................................................................................

WHEREAS ON APPLICATION by the Health Service Executive made under section 23C (2) of the above mentioned Act, this Court on the .......day of ................20... made an interim special care order requiring that the above-named child................................ be placed and detained in a special care unit namely, .............................................. at................................................................. for the period of ....................

NOW THE COURT on the application of the * applicant * respondent herein for an extension of the period of the said interim special care order

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

notice of the application was duly served

the grounds for making the interim special care order continue to exist with respect to the child

HEREBY EXTENDS the period of the interim special care order in respect of the said child for the further period of ....... from the .....date of this order.

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

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

Judge of the Children Court

84.40J

SCHEDULE C

O.84.r.21A (10)

CHILD CARE ACT 1991, SECTION 23F (1) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION TO * VARY * DISCHARGE A SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of.........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of .............20... made a special care order * placing * maintaining the above-named child in the care of that Executive for the period of .......

TAKE NOTICE that the above-named applicant will apply under section 23F (1) of the said Act at the sitting of the Children Court to be held at ........................................ on the ..... day of ...........20... at ....a.m./p.m. for an order * varying * discharging the said special care order as follows:

on the grounds that -

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

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

Solicitor for the applicant

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

of ....................................

the above-named respondent

84.40K

SCHEDULE C

O.84, r. 21A (10)

CHILD CARE ACT 1991, SECTION 23F (1) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION TO DISCHARGE A SPECIAL CARE ORDER AND MAKE A SUPERVISION ORDER

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ..............20... made a special care order ✱placing ✱maintaining the above-named child in the care of that Executive for the period of .......

TAKE NOTICE that the above-named applicant Executive will apply under section 23F (1) of the said Act at the sitting of the Children Court to be held at .................................... on the ..... day of .............20... at ....a.m./p.m. for an order discharging said special care order and making a supervision order in respect of the child on the grounds that -

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

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

Solicitor for the applicant

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

of ......................................

the above-named respondent

84.40L

SCHEDULE C

O.84.r.21A (10)

CHILD CARE ACT 1991, SECTION 23F (1) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION TO DISCHARGE A SPECIAL CARE ORDER AND MAKE A CARE ORDER

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ......20... made a special care order * placing * maintaining the above-named child in the care of that Executive for the period of ........

TAKE NOTICE that the above-named applicant Executive will apply under section 23F (1) of the said Act at the sitting of the Children Court to be held at ...................................... on the ...... day of ............20... at ....a.m./p.m. for an order discharging said special care order and making a care order in respect of the child on the grounds that -

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

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

Solicitor for the applicant

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

of ....................................

the above-named respondent

84.40M

SCHEDULE C

O.84, r.21A (10)

CHILD CARE ACT 1991, SECTION 23F (1) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

ORDER ✱DISCHARGING ✱VARYING A SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ..........20... made a special care order ✱placing ✱maintaining the above-named child in the care of that Executive for the period of .......

NOW THE COURT on the application herein under section 23F (1) of the Act for an order to vary the said special care order

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT notice of the application herein was duly served,

✱HEREBY ORDERS that the said special care order BE DISCHARGED.

*HEREBY ORDERS that the said special care order BE VARIED as follows:-

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

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

Judge of the Children Court

84.40N

SCHEDULE C

O.84, r.21A (10)

CHILD CARE ACT 1991, SECTIONS 23F (1) and 23F (2) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

SUPERVISION ORDER (MADE ON DISCHARGING A SPECIAL CARE ORDER)

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the ....... day of ..............20... made a special care order * placing * maintaining the above-named child in the care of that Executive for the period of......

NOW, THE COURT on the application of the applicant Executive herein to have the special care order discharged and a supervision order made in respect of the child

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

notice of the application herein was duly served,

such special care order should no longer remain in force, but that it is desirable that the child be visited periodically in his/her home by or on behalf of the Executive,

HEREBY DISCHARGES the said special care order in respect of the said child and

HEREBY AUTHORISES the ..................... Executive to have the said child ........... visited in his/her home at ......................................................... in the said court district on such periodic occasions as the Executive may consider necessary in order to satisfy itself as to the welfare of the child and to give to * (his/her parents) * (the person acting in loco parentis) any necessary advice as to the care of the child.

* AND DIRECTS under section 19 (4) of the Act (as to the care of the child) as follows:-

This order shall remain in force-

* (for the period of twelve months from the date hereof)

* (from the ........ day of .......................20 ... until the ..... day of ........................... 20......)

unless sooner discharged and, in any event, shall cease to have effect when the person in respect of whom it is made ceases to be a child

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

Signed

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

Judge of the Children Court

84.40O

SCHEDULE C

O.84, r.21A (10)

CHILD CARE ACT 1991, SECTION 23F (1) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

CARE ORDER (MADE ON DISCHARGING A SPECIAL CARE ORDER)

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23B (1) of the above mentioned Act, this Court on the .......day of ......20... made a special care order * placing * maintaining the above-named child in the care of that Executive for the period of ........

NOW THE COURT on the application of the applicant Executive herein to have the special care order discharged and a care order made in respect of the child

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

notice of the application herein was duly served

the said special care order should no longer remain in force, but that

* the child requires care and protection which (s)he is unlikely to receive unless (s)he remains in the care of the said Executive and/or

* the delivery or return of the child to a parent or any other person would not be in the best interests of the child

HEREBY DISCHARGES the said special care order in respect of the said child and

HEREBY ORDERS that the said child .................................................... be committed to the care of the said Executive-

* (for so long as he/she remains a child, that is to say, until the ....day of ........ 20 ....)

* (for the period from the ....day of............20........ until the ....day of................20........).

* (for the period from the date upon which the child is delivered into the custody of the Executive until the ......day of..........20.......).

* (AND DIRECTS as follows:-

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

Signed

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

Judge of the Children Court

84.40P

SCHEDULE C

O.84, r.21B (1)

CHILD CARE ACT 1991, SECTION 23T (2) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

INFORMATION FOR WARRANT TO INSPECT PREMISES

District Court Area of

District No.

THE INFORMATION OF ..........................................................................

of.......................................................................................................

who says on oath-

I am an authorised officer of the Health Service Executive, appointed by the said Executive under section 23S (1) of the Child Care Act, 1991 .

I believe that there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken in respect of a child, namely ........................ and that the said Executive has not received the requisite notice (pursuant to section 23P of the said Act of 1991) in respect of such arrangement and that the said child , namely ........................ may be residing on premises at........................................... ...............................................in the court (area and) district aforesaid.

The basis for my so believing is as follows:-

And I hereby apply for the issue of a warrant under section 23 T (2) of the said Act in respect of those premises.

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

Informant

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

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

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

Judge of the Children Court

84.40Q

SCHEDULE C

O.84, r.21B (1)

CHILD CARE ACT 1991, SECTION 23T (2) (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

WARRANT TO INSPECT PREMISES

District Court Area of

District No.

WHEREAS from the information on oath and in writing sworn before me on this day pursuant to section 23T (2) of the above-mentioned Act by................................... of............................................. an authorised officer of the Health Service Executive appointed under section 23S (1) of the said Act.

I AM SATISFIED THAT there are reasonable grounds for believing that a private foster care arrangement has been arranged or undertaken in respect of a child, namely ........................ and that the said Executive has not received the requisite notice (pursuant to section 23P of the said Act of 1991) in respect of such arrangement and that the said child, namely ....................... may be residing on premises at.......................................................................... in the court (area and) district aforesaid.

THIS IS TO AUTHORISE the said............................................................... of................................................., accompanied if necessary by a member of the Garda Síochána so requested by him, at any time or times within one month from the date of the issue of this warrant, on production if so requested of this warrant, TO ENTER, if need be by reasonable force, AND INSPECT the premises at .................................................................................................... in the court (area and) district aforesaid.

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

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

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

Judge of the Children Court

To the said..........................................

At................................................

84.40R

SCHEDULE C

O.84, r.21B (2)

CHILD CARE ACT 1991, SECTION 23U (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

NOTICE OF APPLICATION FOR ORDER IN RESPECT OF PRIVATE FOSTER CARE ARRANGEMENT

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

TAKE NOTICE that the above-named applicant will apply at the sitting of the Children Court to be held at...................................................................... on the ..... day of .........20 ... at ....a.m./p.m. for

* A supervision order, under section 19 of the said Act

* An emergency care order, under section 13 of the said Act

* An interim care order, under section 17 of the said Act

* A care order, under section 18 of the said Act

in respect of the above-named child;

* An order that the private foster care arrangement in respect of the above-named child be terminated and the child be returned to his/her * parent(s) * guardian

on the grounds that -

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

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

Solicitor for applicant

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

of ....................................

the above-named respondent

84.40S

SCHEDULE C

O.84, r.21B (2)

CHILD CARE ACT 1991, SECTION 23U (AS INSERTED BY SECTION 16 OF THE CHILDREN ACT 2001)

ORDER TO TERMINATE PRIVATE FOSTER CARE ARRANGEMENT

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS on application of the Health Service Executive, made under section 23U of the above mentioned Act on the .......day of ......20...

THE COURT

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

notice of the application herein was duly served

the respondent is arranging or undertaking a private foster care arrangement in respect of a child, namely ....................... and

✱has not notified it to the applicant Executive (under section 23P of the said Act of 1991)

✱is not taking all reasonable measures to safeguard the health, safety and welfare of the said child concerned

HEREBY ORDERS that the private foster care arrangement in respect of the above-named child be terminated and the said child be forthwith returned to his/her ✱parent(s) ✱guardian

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

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

Judge of the Children Court

Schedule 2

84.41

SCHEDULE C

O.84, r.22 (1)

CHILD CARE ACT 1991, SECTION 27

NOTICE OF APPLICATION FOR AN ORDER REQUESTING THE PREPARATION OF A REPORT

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS proceedings, entitled as above, under * Part IV * Part IV A * Part VI of the above-mentioned Act are before the Court

TAKE NOTICE that the above-named * applicant * respondent will apply at the sitting of the Children Court to be held at .....................................................................on the ..... day of ................20... at ....a.m./p.m. for an order under section 27 of the Act requesting the preparation of a report on the following question affecting the welfare of the above-named child, who * resides * is for the time being at ................................... in the said court district, that is to say-

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

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

Solicitor for the * applicant * respondent

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

of .......................................

the above-named * applicant * respondent

84.42

SCHEDULE C

O.84, r.22 (1)

CHILD CARE ACT 1991, SECTION 27

ORDER REQUESTING THE PREPARATION OF A REPORT

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

UPON APPLICATION made to this Court today by the above-named * applicant * respondent in the above-named proceedings which are before the Court under * Part IV * Part IV A * Part VI of the above-mentioned Act for an order under section 27 of the Act requesting the preparation of a report on a question affecting the welfare of the above-named child, who * resides * is for the time being at .................................in the said court district.

THE COURT

HAVING HEARD the evidence tendered herein

BEING SATISFIED THAT

notice of the application was duly served

the welfare of the child so requires

HEREBY REQUESTS ................................of...................................to prepare and submit to the Court a report on the following question affecting the welfare of the said child, that is to say-

* (AND HEREBY ORDERS that the fees and expenses incurred in the preparation of the said report shall be paid by the above-named * applicant * respondent).

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

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

Judge of the Children Court

84.43

SCHEDULE C

O.84, r. 9 (2); 10(3)

CHILD CARE ACT 1991, SECTION 35

WARRANT TO EXECUTE

* AN INTERIM CARE ORDER

* A CARE ORDER

* A SPECIAL CARE ORDER

* AN INTERIM SPECIAL CARE ORDER

District Court Area of

District No.

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

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

of........................................................................................

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

of..........................................................................................

WHEREAS UPON APPLICATION made to this Court today by the above-named applicant under section * 17 * 18 * 23B * 23C of the above-mentioned Act for an order in respect of the above-named child, who * is * appears to be aged........... years having been born * (so far as has been ascertained) on the ......... day of ...............20....

THE COURT made

* an interim care order

* a care order ordering that the child be * (placed) * (maintained in) * (committed to the care of) the Health Service Executive for the period from * (the .....day of ................20.... until the .....day of ................20...) * (the date upon which the child is delivered into the custody of the Executive until the .....day of ................20....).

AND WHEREAS the child is not in the custody of the applicant.

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 .................................................................................................................. in the said court district, where the child to whom the order relates is or where there are reasonable grounds for believing that he/she is and to deliver the child into the custody of the above-named Executive.

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

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

Judge of the Children Court

To the above-named member of the Garda Síochána

Given this 17th day of October 2005

Miriam Malone	Chairperson
Uinsin Mac Gruairc
John P Brophy
Mary C Devins
Thomas E O'Donnell
Hugh O'Neill
Fiona Twomey
Noel Rubotham
Elizabeth Hughes	Secretary

I concur in the making of the foregoing rules

Dated this 10^th day of January 2006

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend the District Court Rules ( SI No 93 of 1997 ) with relation to the Children Act 2001 .

* Delete words inapplicable

§ Not applicable if otherwise directed under section 23C (3)

* Delete words inapplicable

§ Name the house or other place as set out in section 35 of the Act.