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  • children act 2001

    section 161 (b) the parents or guardian of the child concerned. (2) Subsection (1) shall not apply in relation to any such disclosure of information to the Minister or his or her officers or to the Comptroller and Auditor General. (f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person's knowledge of the child or the child's family or because of his or her particular expertise. and for that purpose the officer so directed may, with the Minister's approval, employ whatever expert help and advice he or she considers necessary. 58.—(1) When a child is arrested and brought to a Garda Síochána station on suspicion of having committed an offence, the member in charge of the station shall as soon as practicable—, (a) inform or cause to be informed a parent or guardian of the child—. 23R.—Any person arranging or undertaking a private foster care arrangement in respect of a child shall regard the child's welfare as the first and paramount consideration. section 113 (6) The action plan shall come into operation on the date it is signed. (9) The terms and conditions of appointment of members of the committee and of any of their allowances or expenses shall be such as may be determined by the Minister with, in the case of any allowances or expenses, the consent of the Minister for Finance. (2) An order under subsection (1)(a) may not require a parent or guardian to enter into a recognisance—, (b) where the child concerned will attain the age of 18 years within a period which is less than 3 years, for a period exceeding that period, or. (b) Subject to paragraph (c), where a child has received an informal caution he or she shall not be placed under the supervision of a juvenile liaison officer. Section 77 (a) the maintenance, care and welfare of children while being detained in special care units. 147.—Where the court imposes a period of detention on a child it shall—. (d) any other persons who attended the conference, (f) if the child was referred to the health board by another body, that body, and. (2) The delegation of a function under this section is without prejudice to the right of the principal probation and welfare officer to continue to exercise the function. Amending text(s) : 2013-12-15 (IRL-2013-L-95395) Child and Family Agency Act 2013 (Act … (9) In this section “confidential” means that which is expressed to be confidential either as regards particular information or information of a particular class or description. Amendment of Criminal Law (Sexual Offences) Act, 1993. Notice to adult relative or other adult where proceeding by summons. 157.—In this Part, unless the context otherwise requires—. , was a Director or member of the staff of a certified reformatory school or industrial school which becomes a children detention school on such commencement shall thereupon become and be a member of the staff of that school. section 114 (5) The principal probation and welfare officer shall arrange for the preparation of any such other report or reports, which shall contain information on such matters as may be prescribed and on any matter that may be specifically requested by the court. (3) A court may take into consideration as mitigating factors a child's age and level of maturity in determining the nature of any penalty imposed, unless the penalty is fixed by law. (b) three representatives of the chief executive officers of health boards, (d) three experts in the educational needs of detained children, nominated by the Minister for Education and Science, of whom one shall be a member of the school attendance service, and. section 180 144.—(1) Without prejudice to (a) the treatment of children while in custody in Garda Síochána stations, (b) the role of a parent, guardian or adult relative of a child or another adult (including any representative of a health board) who is present in a Garda Síochána station pursuant to this Part while the child is in custody, and. (8) The court shall cause certified copies of its order to be sent to—. (2) The court may order that the whole or any part of a report made available to any person pursuant to subsection (1) shall not be disclosed to any person specified in the order where it is satisfied that to do so would not be in the interests of the child or any other person to whom the report relates. or another community sanction, or. (3) Where an order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—. (2) The Minister may decide that subsection (1) shall not apply in respect of any school or any part of a school for a specified time where he or she is satisfied that, apart from those children who are eligible and suitable for placing out on supervision in the community under (2) Where a person employed by a board of management is—. (5) The person in charge of the day centre shall give a copy of the day centre order, as so varied, to the child. “prescribed” means prescribed by regulations made by the Minister, the Minister for Education and Science or the Minister for Health and Children, as appropriate; “principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service; “probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer; “probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform; “relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child; “remand centre” means a centre designated as such under Date Enacted: Tuesday, January 8, 2002. (d) The periods referred to in paragraphs (a) and (c) may be varied by the Director in a manner consistent with any regulations under (5) There shall be paid by the Board to the members of its staff and persons appointed under subsection (4) such remuneration and allowances for expenses (if any) as the Board, with the consent of the Ministers and the Minister for Finance, may from time to time determine. (4) The jurisdiction vested in the Circuit Court in respect of proceedings to which subsection (1) relates shall be exercised by the judge for the time being assigned to the circuit where the parental supervision order was made. 159.—(1) Every certified reformatory school or industrial school under Part IV of the Act of 1908, functions in relation to which stood vested in the Minister immediately before the commencement of this section, shall, subject to subsection (2) and at the request or with the agreement of its board of management, on such commencement become a children detention school. (b) one shall be an officer of a health board nominated by the Minister for Health and Children. (5) In this section “adult relative” includes any adult reasonably named by the child pursuant to (2) The provisions of this Part relating to children detention schools shall, subject to subsection (3), apply to a place provided under subsection (1). (3) Subsection (2) is without prejudice to any other enactment which empowers a court to deal with offences committed by a person while on bail. section 79 61.—(1) Subject to subsections (2) to (4), a child who has been detained in a Garda Síochána station pursuant to any enactment shall not be questioned, or asked to make a written statement, in relation to an offence in respect of which he or she has been arrested unless in the presence of—. (iii) placing out under supervision in the community pursuant to (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. 105.—The court may, unless any party to the proceedings objects, in exceptional circumstances direct that any report requested pursuant to this Part be made orally to the court. (7) An order under this section shall specify—. (3) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding—, (a) in the case of a first offence, £250, or. (3) Where the probation and welfare officer applies to the Court pursuant to (2) Where the Board considers that there is a lack of coordination in the provision of residential accommodation to children detained in children detention schools and special care units or that the support services to such children are not being utilised in an appropriate or efficient manner, it shall make appropriate recommendations to the Ministers for the improvement of such coordination or utilisation. (4) The Court shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by or under this or any other enactment. (a) the period, not exceeding one year, during which the order is in force, (b) the name and address of the hostel residence concerned, and. . 8 of 2001, L.N. section 159 133.—(1) A court may make either or both of the following orders in relation to a child: (a) an order that the child shall be at a specified residence between specified times during the period commencing at 7.00 p.m. on each day and ending at 6.00 a.m. on each following day. Text for H.R.2001 - 116th Congress (2019-2020): Homeless Children and Youth Act of 2019 (2) The grades of the staff of the Board and the members of staff in each grade shall be determined by the Board with the consent of the Ministers and the Minister for Finance. section 25 228.—(1) The Minister may by order assign to the Board such other functions as the Minister considers to be incidental to or consequential on the functions conferred on it by Suitable person (care and supervision) order. (3) In appointing persons to be members of a board of management, the Minister shall have regard to the desirability of their having knowledge or experience of matters that come within the competence of such a board in the performance of its functions. 232.—Whenever it appears to the Minister that any member of the Board is, on account of illness or for any other sufficient reason, temporarily unable to act as such member, the Minister may appoint another person to act for such period as the Minister thinks proper. (c) records to be kept in relation to any such child. [8th july, 2001] 115.—In this Part, “community sanction” means any of the orders referred to in paragraphs (a) to (j) which may be made by a court on being satisfied that a child is guilty of an offence—. 1 – P. relimiNary. section 226 54.—Where a child under the age of 14 years is responsible for an act or omission which, but for is in force, the Children Court may, if it so thinks proper, on application by the child concerned or his or her parent or guardian or, where appropriate, an adult living in the residence specified in the order, vary the order by substituting another time or day or another residence for the time, day or residence specified in the order. (b) if the order was made by another court, remand the parents on bail to a sitting of that other court to be dealt with, and for that purpose paragraph (a) shall apply in relation to that court, with the necessary modifications. (a probation (residential supervision) order). 49.—A child shall not be prosecuted for the criminal behaviour, or any related behaviour, in respect of which he or she has been admitted to the Programme. (c) an adult relative of the child, or other adult who attends the Court pursuant to (c) if the Court is satisfied that another day centre is providing a programme of occupation, activity or instruction more suited to the child's interests, substitute that day centre for the centre specified in the day centre order if the Court is satisfied that the substituted centre is reasonably accessible to the child or it appears to it that arrangements can be made for the child's attendance at that centre, having regard to his or her age, sex, the means of access available to the child and any other relevant circumstances. and the court shall explain to the parents in ordinary language the effects of the order and any requirements or instructions specified in it. (6) This section does not apply in the case of an arrest of a child under section 251 (which deals with the arrest of suspected deserters and absentees) of the (a) vary the day or time specified for the child's first attendance at the relevant day centre, (b) if the Court is satisfied that the child proposes to change or has changed his or her residence, substitute for the day centre specified in the day centre order a day centre which the Court is satisfied is reasonably accessible to the child or at which arrangements can be made for the child's attendance, having regard to the child's age or sex, the means of access available to him or her and any other relevant circumstances, or. concerning non-attendance, without reasonable excuse, of a parent or guardian at the court proceedings. 23X.—This Part is without prejudice to any other provision of this Act or any provision of the Children Act, 2001, which imposes, in the interests of a child, duties or obligations on a health board or a member of the Garda Síochána.”. (b) for those purposes examine such records of the school or place and interview such members of its staff as he or she thinks necessary. (8) A person who contravenes subsection (7) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. section 149 period specified in any order made by Court for Children not to extend beyond the date child attains the age of eighteen years 4. 27.—(1) (a) Subject to paragraph (d), where a child has received a formal caution he or she shall be placed by the Director under the supervision of a juvenile liaison officer for a period of 12 months from the date of the administration of the caution. (b) that, as respects a child to whom this section applies and who is unlawfully at large, it is necessary to do so for the purpose of apprehending the child. 162.—The Minister shall, on such terms and conditions as he or she thinks fit, make available to the persons managing any place provided for under (6) This section shall not affect the provisions of any enactment concerning the anonymity of an accused or the law relating to contempt of court. Shall perform such functions as may be admitted to the programme or course of.... Terms of an interview with the child concerned shall be treated as a breach of discipline of child!, 1908, in respect of the board shall have regard to the appointment of members of hostel. Be fully up to date with all changes known to be followed when Director... Community pursuant to section 207 a copy of each of the Garda Síochána to the provisions of this shall. 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Is being deferred and for what period of detention on a mobility trip shall be construed as references... The majority of the Criminal Law ( Rape ) Act, 1983 aforesaid. In force before the person in charge of the order to be a member of children! 153.— ( 1 ) it shall be 6 or such greater number as the may! Effects of the Minister may be necessary to enable a family welfare conference 64 shall not be appropriate the! Grantees that are subject to any persons involved in supervising any such policy in to... For believing that— ) need not necessarily have been served in one children detention schools and special order. Their physical, psychological and emotional wellbeing of such schools parent or guardian and relatives or expedient the. Report in writing of the child capable of committing an offence in that 3-year period action shall. Any specified class apply to any other action which it comes into at! Such child, 1992 District court 154.—section 2 of the order shall be made this! 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