Criminal Law (Sexual Offences) Act, 1993 (a) if the hostel residence specified in the order no longer complies with the requirements of (a probation (training or activities) order). Notification of proceedings to parent or guardian. (a) the person or body in charge of the programme. section 161 194.—(1) Subject to subsection (2), a children detention school shall be open at all times for the reception of children referred to it under this Part. (7) A copy of the action plan shall be given or sent to the child by the chairperson. (4) Subject to subsection (3), where a child is so absent, a condition of the temporary leave may require the child to remain in the living accomodation of the person supervising the child or in such other accommodation, as the case may be, for different periods on different dates. (b) it appears to the health board that the child requires care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child. (i) whether or not a child should be admitted to the Programme. section 79 (4) Notwithstanding the provisions of this section, in any criminal proceedings for an offence under this Part or any offence mentioned in Schedule 1, the evidence of a child under 14 years of age may be taken or received otherwise than on oath or affirmation if the court is satisfied that the child is capable of giving an intelligible account of events which are relevant to those proceedings. 235.—Sections 175, 177 and 178 (dealing, respectively, with meetings and procedure, membership of either House of the Oireachtas or of the European Parliament and non-disclosure of information) shall apply, with any necessary modifications, in relation to the Board as those provisions apply in relation to boards of management of children detention schools. Obligation of Director to accept children. (c) liaise with courts in relation to the level and nature of services available for children who are charged with offences or in need of special care or protection. 3. (2) For the purposes of this section, a person shall be deemed to have been informed of the placing of a child in a special care unit if the person is given or shown a copy of the interim special care order or if the person was present at the sitting of the court at which the order was made. (6) A placing out under this section shall be in force until revoked or until the period of detention imposed by the court has expired, whichever is the sooner, and while it is in force the child shall be deemed to be under the care of the Director. (b) in addition to the order to which the child is already subject, make such other order as is mentioned in paragraph (a). (5) A parental supervision order shall not be made without the parents of the child being given an opportunity to be heard. 102.—Any person who prepares or furnishes any report requested pursuant to this Part or who supplies any information for the purposes of preparing or furnishing it shall not be under any civil or criminal liability in respect of it unless the person has acted in bad faith in preparing or furnishing it or in supplying information for such purposes. section 129 106.—(1) Where the court has considered any report requested pursuant to this Part, it shall deal with the case in accordance with section 124 , any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature. , in respect of a child. (2) The Court may dispense to any specified extent with the requirements of this section in relation to a child if it is satisfied—, (a) that it is appropriate to do so for the purpose of avoiding injustice to the child, or. (5) Any measures for dealing with offending by children shall have due regard to the interests of any victims of their offending. 152.—(1) The Minister may direct the transfer of a child from a children detention centre to another such centre to serve the whole or any part of the unexpired residue of his or her period of detention. 6.—Any expenses incurred by the Minister, the Minister for Education and Science or the Minister for Health and Children in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. such funds as are necessary for its operation—. shall be substituted in those proceedings for the board of management, trustees or agent, as the case may be, and the proceedings shall not abate by reason of the substitution. (4) A certificate under subsection (3) shall remain in force for not more than one year from the date of its issue, unless it is cancelled by the principal probation and welfare officer before then on the ground that the place is no longer suitable for use as a day centre. section 207 (b) where it is not so satisfied, resume the proceedings in respect of the offence with which the child is charged. (b) order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation. 1. (i) reasonably suspects that unless the person is arrested he or she either will abscond for the purposes of evading justice or will obstruct the course of justice, (ii) having enquired of the person, has reasonable doubts as to the person's identity or place of abode, or. P.O. it may apply to the District Court for one of the following orders: (i) that a supervision order under section 19 be made in respect of the child, (ii) that the child be taken into the care of the health board under section 13, 17 or 18, or. 132.— Application of certain provisions to married child. 54.—Where a child under the age of 14 years is responsible for an act or omission which, but for (6) The Minister shall cause the President of the High Court, the President of the Circuit Court and the President of the District Court to be notified of any arrangements entered into under subsection (1). (d) every person entitled to appear and be heard at the proceedings to which the report relates and any counsel or solicitor appearing for any such person, (e) where the court imposes a period of detention in a children detention school or children detention centre, the Director of the school or person for the time being in charge of the centre, as appropriate, and. section 226. (14) Where the child participates in any occupation or activity, or receives any instruction, under supervision outside the day centre, subsection (13) shall not apply, and, where any such occupation, activity or instruction continues over more than one day, each such day shall count towards the number of days that the court has specified that the child shall attend at the centre. (2) The provisions of this Part relating to children detention schools shall, subject to subsection (3), apply to a place provided under subsection (1). ) of the Act of 1991, to apply for a special care order under Part IVA of that Act. section 117 (a) an entertainment for children or any entertainment at which the majority of the persons attending are children is provided, (b) the number of children who attend the entertainment exceeds one hundred, and. (iii) where appropriate, reviewing the child's behaviour since his or her admission to the Programme; (b) as appropriate and in accordance with this Part, to mediate between the child and the victim; (c) to formulate an action plan for the child; and. 137.—(1) In this section “dual order” means an order which requires a child either—, (a) to be under the supervision of a probation and welfare officer for a specified period, or. by or on behalf of a board of management or trustees of a certified reformatory school or industrial school to which on such commencement subsection (1) of that section applies, and every such act shall, if and in so far as it had effect immediately before such commencement, have effect on and after the commencement as if it had been done by or on behalf of the board of management appointed to the school under “broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not; “publish” means publish to the public or a section of the public, and cognate words shall be construed accordingly. Report to Court by probation and welfare officer. section 81 123.—(1) A child in respect of whom a day centre order has been made shall be subject to the reasonable control, direction and supervision of the person in charge of a day centre, or a person authorised in that behalf by that person, while the child is—, (a) attending at a day centre or participating in any occupation or activity, or receiving any instruction, under supervision outside the centre, or. (11) Where a junior remand centre is part of a children detention school, children remanded in custody to the centre shall, as far as practicable and where it is in the interests of the child, be kept separate from and not be allowed to associate with children in respect of whom a period of detention has been imposed. (2) The probation officer's report shall, at the request of the court, indicate whether, and if so how, in his or her opinion any lack of care or control by the parents or guardian of the child concerned contributed to the behaviour which resulted in the child being found guilty of an offence. 23A.—(1) Where it appears to a health board with respect to a child who resides or is found in its area that the child requires special care or protection which he or she is unlikely to receive unless a court makes an order under this Part in respect of the child, being either—, (a) an order under section 23B (in this Part referred to as a ‘special care order’), or. (3) Where the Court dispenses with the requirements of this section, it shall explain in open court the reasons for its decision. as it considers necessary for helping to ensure that while the order is in force the child will be of good behaviour and will not commit any further offences. Fax: +254 020 2726497 Action by Court on report of probation and welfare officer, 82.—(1) Where an action plan is submitted to the Court pursuant to Any offence under the (4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order. , a family welfare conference may regulate its procedure in such manner as it thinks fit. (3) Before prescribing any matter for which the Minister for Education and Science or the Minister for Health and Children has responsibility, the Minister shall obtain the agreement of that Minister. (f) monitor and regularly review the level and nature of such residential accommodation and support services, having regard to the current and anticipated demand for them, and recommend to the Ministers any adjustments in the provision of such accommodation or services which the Board considers to be necessary. . (2) Any powers conferred by this Part or any regulations under it on or in relation to any member of the Garda Síochána are without prejudice to any other powers which the member may have in relation to the commission or suspected commission of an offence. 263.—(1) A child may be detained temporarily, but in no case for a period exceeding 24 hours, in a Garda Síochána station or in any other place, being a place designated for the purpose by the Minister, with the agreement of its owner—. 226.—(1) On the commencement of this section there shall stand established a body, to be known as the Special Residential Services Board, or in the Irish language An Bord Seirbhísí Cónaithe Spesialta, to perform the functions assigned to it by this Part. Criminal Law (Rape) Act, 1981 (2) The juvenile liaison officer shall have regard to the following matters when making a determination under subsection (1)—. 66.—(1) In this section “the relevant sections” means sections 56 to 63 and 65. to a children detention centre shall be deemed to be in the lawful custody of the person for the time being in charge of the centre from the time the child is transferred to it. Courts (No. section 155 (b) delivers or attempts to deliver to a child in any such school. (4) Where the child is released from detention on earning remission of sentence by industry or good conduct or on being given temporary release under section 2 or 3 of the Act of 1960, supervision of the child in the community under the order shall be deemed to commence on the child's release. (2) In deciding whether a conference should be held the Director shall have regard to—. 90.—(1) When releasing a child on bail the Court may, in the interests of the child, make the release subject to one or more than one of the following conditions: (a) that the child resides with his or her parents or guardian or such other specified adult as the Court considers appropriate. to promote their reintegration into society and prepare them to take their place in the community as persons who observe the law and are capable of making a positive and productive contribution to society. children act, 2001 AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CARE, PROTECTION AND CONTROL OF CHILDREN AND, IN PARTICULAR, TO REPLACE THE CHILDREN ACT, 1908, AND OTHER ENACTMENTS RELATING TO JUVENILE OFFENDERS, TO AMEND AND EXTEND THE CHILD CARE ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. (b) that the family conference did not reach agreement on an action plan, the Court may—, (a) where it is of opinion that an action plan would be desirable and have a reasonable chance of success, formulate an action plan and order that the child concerned shall comply with it and be supervised by a probation and welfare officer while it is in operation, or. The Children’s Act 2001 is an act of parliament that makes provision for the following: >Street Families Rehabilitation Trust Fund (SFRTF), >National Council for Persons with Disability(NCPWD) (2) Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom superannuation benefits are payable under the scheme or schemes, and different times and conditions may be fixed in respect of different classes of persons. (d)  The Minister may by order make such provision as in his or her opinion is appropriate—, (i) for excluding or modifying the application of either or both of subparagraphs (i) and (ii) of paragraph (b) in relation to questions put in such circumstances as may be specified in the order, or. (3) Where the court proposes to exercise its powers under subsection (1), it shall summon the child to appear before it and, if the child does not appear in answer to the summons, may issue a warrant for his or her arrest. section 126 (ii) a person shall not, in any such proceedings, be asked, and, if asked, shall not be required to answer, any question relating to his or her past which cannot be answered without acknowledging or referring to a finding or findings to which this section refers or any circumstances ancillary thereto. Section 77 (i) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, so as to prevent more children or other persons being admitted to any such part of the building than that part can properly accommodate, (ii) to control the movement of the children and other persons admitted to any such part while entering and leaving, and. (b) facilities and services for such children, including educational and training facilities, medical, psychological and psychiatric services and services relating to their general moral and physical welfare. section 133 section 117 247.—(1) A person is guilty of an offence if he or she causes or procures a child or, having the custody, charge or care of a child, allows the child to be in any street or public place, or to make house to house visits, for the purpose of begging or receiving alms or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). (d) such other matters (if any) as may be necessary or expedient for the purpose of enabling community sanctions to have full effect and for their due administration. , the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and. (8) The period of a child's permitted absence from a school shall be deemed to be part of the child's period of detention in the school but, if a child fails to return to the school when the period of permitted absence has expired, the time that elapses thereafter shall be excluded in calculating the time during which he or she is to be detained. 32.—(1) The following persons shall be entitled to attend a conference: (a) the child in respect of whom the conference is being held. (2) Each authorised officer shall be given a warrant of his or her appointment and, when exercising any power conferred by this Part, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification. (3) Every delegated function shall be performed by the delegated officer subject to the general superintendence and control of the Minister and to such limitations (if any) as may be specified by the Minister either in the instrument of delegation or at any time thereafter. (3) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the board of management concerned for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of employees. (4) (a)  Subject to subsections (5) and (6), a special care order shall remain in force for a period to be specified in the order, being a period which is not less than 3 months or more than 6 months. (d) persons directly concerned in the proceedings, (e) bona fide representatives of the Press, and. section 117 of the , (iii) if it has not already done so, make an order under (b) an order under section 23C (in this Part referred to as an ‘interim special care order’). (d) when and at what time the child is to report to the centre on the first occasion. section 30 170.—Whenever it appears to the Minister that any member of a board of management is, on account of illness or for other sufficient reason, temporarily unable to act, the Minister may appoint another person to act for that member for such period as the Minister thinks proper. (3) The member in charge of the station may authorise the exclusion of a parent or guardian during the questioning of the child or the taking of a written statement where—. (d) the person has not been dealt with for an offence in that 3-year period. (2) Where Directors of children detention schools are unable to agree to a transfer pursuant to subsection (1), the Minister may direct that the transfer shall proceed if he or she considers that the transfer would be in the interests of the child. ; “district” means either a children court district or a district court district, as the context requires; (a) in relation to an order under this Part affecting a child, the circuit or, as the case may be, the district in which the child resides or will reside while the order is in force, and. (3) An informal caution shall be administered by a juvenile liaison officer in a Garda Síochána station, in the child's normal place of residence or in exceptional circumstances elsewhere, in the presence of the parents of guardian of the child. section 81 (4) (a)  An order under this section may specify the class or classes of children who may be detained in a children detention centre by reference to age or sex. (2) Boards of management shall have all such powers as are necessary or expedient for the exercise of their functions. (e)  Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint. (b) where appropriate, the implementation of any necessary treatment or counselling directions. shall be published or included in a broadcast. (5) This section shall not apply to any entertainment given in a private residence. (f) limiting or prohibiting the child from associating with any specified person or with persons of any specified class. Alternative to detention where no place available in children detention school. (3) Where a court makes a day centre order and at the time of the making of the order there is in force in respect of the child another such order (whether made by the same or a different court), the court making the later order may direct in that order that the days of attendance specified therein shall be concurrent with or additional to those specified in the earlier order. (ii) an order allowing time, or further time, for payment of the fine, costs or compensation. 112.—(1) Where a parental supervision order is in force and it appears to the court, on application by the probation and welfare officer who is supervising the parents, that the parents have failed, without reasonable excuse (the proof of which shall lie on the parent or parents concerned), to comply with the order, the court may—. (iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made; (2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the child has complied with the order in question or any condition to which it is subject. section 117 181.—(1) A board of management shall appoint such and so many persons to be members of the staff of the children detention school or schools under its management as the board, with the consent of the Minister and the Minister for Finance, from time to time thinks proper. Recognising the personal, cultural and linguistic identity of each of them ’... Visit any children detention order order placement detention, etc., to extend beyond the date on which comes! As appropriate— suitable employment and accommodation persons who should, in respect of detained... 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