S.I. No. 338/1995 -- District Court (Child Care) Rules, 1995.
1995
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S.I. No. 338/1995:
DISTRICT COURT (CHILD CARE) RULES, 1995.
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DISTRICT COURT (CHILD CARE) RULES, 1995.
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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, make the following rules of Court:--
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1. These Rules may be cited as the District Court (Child Care) Rules, 1995.
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2. The provisions of the Interpretation Act, 1937 (No. 38 of 1937) shall apply to these Rules.
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3. In these Rules--
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"the Act" means the Child Care Act, 1991 (No. 17 of 1991);
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"Child" means a person under the age of eighteen years other than a person who is or has been married;
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"Form" means a form set out in the schedule hereto or such modification thereof as may be appropriate;
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"health board" means a health board established under the Health Act, 1970 (No. 1 of 1970);
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"parents" has the meaning assigned to it in section 2 (1) of the Act.
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4. (1) Proceedings under Part III, IV of 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 discretion may allow, shall be permitted to be present at the hearing.
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(2) The Judge may, if he thinks it proper to do so, order any witness who is not a party to the proceedings to leave court either until his evidence is required or after his evidence has been given.
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(3) Proceedings in the Court under Part III, IV or 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.
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5. (1) A document required by these Rules to be served shall, subject to paragraphs (2) and (3) hereof, be served upon the person to whom it is directed--
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( a ) by delivering to him a copy thereof or,
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( b ) if he cannot be conveniently met with, by leaving a copy thereof for him at his best known residence or most usual place of abode with any relative of such person who is not less than sixteen years of age and who is believed to reside there with him, or by leaving it with the person in charge of the house or premises of such residence or abode, or
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( c ) by leaving a copy thereof for him at his place of business with any agent, clerk, employee or servant of such person who is not less than sixteen years of age, or
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( d ) by sending a copy thereof by ordinary prepaid post in an envelope addressed to him at his last known residence or most usual place of abode or at his place of business.
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(2) A document shall be served upon a health board or other statutory board or body or upon an unincorporated society by leaving a copy thereof with any employee of that board, body or society at its principal office or by sending such copy by ordinary prepaid post in an envelope addressed to the board, body or society at such principal office.
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(3) The Court may, if for special reason in any particular case it considers it proper to do so, deem the service actually effected to be good and sufficient service, even though it was not effected in accordance with the provisions of this rule.
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6. When a notice of application, summons or notice of appeal issued under these Rules has been served, the original notice of summons, together with a statutory declaration as to service thereof, shall be lodged forthwith with the Clerk for entry for hearing.
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Proceedings under Part III of the Act
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7. (1) An application by a health board under section 12 (4) or 13 (1) of the Act for an emergency care order shall be preceded by the issue and service of a notice in the Form 1 or 2, as the case may be, upon the respondent, i.e. the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application.
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(2) Where, however, the Judge is satisfied that the urgency of the matter so requires, an application for an emergency care order may be--
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( a ) made ex parte, subject to the lodgement with the Clerk of the notice of application (Form 1 or 2, as the case may be) duly completed;
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( b ) heard and an order may be made thereon elsewhere than at a public sitting of the Court.
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8. (1) An emergency care order made under section 13 (1) of the Act shall be made by the Judge for the district in which the child resides or is for the time being. Where, however, such Judge is not immediately available, the order may be made by any judge of the District Court.
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(2) An emergency care order shall be in the Form 3 or 4, as the case may be, and the applicant shall cause a copy thereof to be served upon a parent having custody of the child or, as the case may be, upon a person acting in loco parentis.
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(3) A warrant issued under section 13 (3) of the Act for the purpose of executing such an order shall be in the Form 5.
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(4) An appeal from an emergency care order shall not stay the operation of the order.
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9. (1) Where, otherwise than at the hearing of an application for an emergency care order, application is made under section 13 (7) (a) of the Act for the Judge's directions, such application shall be preceded by the issue and service of a notice in the Form 6 upon the health board, the parents of the child or either of them, a person acting in loco parentis, any other person, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. An order giving directions on such application shall be in the Form 7, which shall be served upon each person directly affected by the order.
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(2) An application to vary or discharge a direction given under the said section 13 (7) (a) shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 8. The order of the Court on granting the application shall be in the Form 9, which shall be served as prescribed in the said paragraph (1).
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10. It shall not be necessary in any notice of application under section 13 of the Act or in any order made under that section to name the child if such name is unknown.
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Proceedings Under Part IV of the Act
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11. (1) An application by a health board under section 17 (1) of the Act for an interim care order shall, except where the Judge otherwise directs under subsection (3) of that section, be preceded by the issue and service of a notice in the Form 10 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 care order made on such application shall be in the Form 11 and the applicant shall cause the said order to be served upon the respondent and any other person directly affected by the order.
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(2) A warrant issued under section 35 of the Act (and as prescribed in rule 27 hereof) for the purpose of executing an interim care order shall be in the Form 43.
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(3) An application under section 17 (2) of the Act for an extension of the period of an interim care order shall, except where the Judge otherwise directs under subsection (3) of that section, be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 12.
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The order granting the extension shall be in the Form 13 and may, where appropriate, be added to or endorsed on the interim care order.
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12. (1) An application by a health board under section 18 (1) of the Act for a care order in respect of a child who resides or is found in its area shall be preceded by the issue and service of a notice in the Form 14 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 seven days prior to the date fixed for hearing the application.
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(2) A care order made on such application shall be in the Form 15 and the applicant shall cause the said order to be served upon the respondent.
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(3) A warrant issued under section 35 of the Act (and as prescribed in rule 27 hereof) for the purpose of executing a care order shall be in the Form 43.
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13. An application under section 18 (2) of the Act to extend the operation of a care order shall be preceded by the issue and service of a notice in the Form 16 upon the respondent at least seven days prior to the date fixed for hearing the application. The order granting the application shall be in the Form 17 and may, where appropriate, be added to or endorsed on the care order.
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14. Where, on an application for a care order, the Court makes a supervision order (as provided for in section 18 (5) of the Act) the order of the Court shall be in the Form 18 and the applicant shall cause the said order to be served upon the respondent.
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15. An application under section 18 (6) of the Act of the Court's directions as to the care and custody of a child pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 19 upon the respondent, i.e. the health board, the parent having custody of the child, the person acting in loco parentis, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 20 and shall be served on each party and any other person directly affected by the order.
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16. An application under section 18 (6) of the Act for a supervision order pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 21 upon the respondent at least two days prior to the date fixed for hearing the application. The order of the Court granting such application for a supervision order shall be in the Form 22 and the applicant shall cause the said order to be served upon the respondent.
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17. (1) Where, in addition to making a care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of a child to contribute towards his maintenance, such contribution order shall be in the Form 23 and the applicant health board shall cause the said order to be served upon the said parent or parents.
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(2) An application under section 18 (8) of the Act to vary or discharge a contribution order shall be preceded by the issue and service of a notice in the Form 24 upon the respondent. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 25 and shall be served upon the parent required to contribute.
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18. (1) An application by a health board under section 19 (1) of the Act for a supervision order with respect to a child who resides in its area shall be preceded by the issue and service of a notice in the Form 26 upon the respondent or respondents, i.e. the parents of the child or, as the case may be, the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.
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(2) A supervision order made on such application shall be in the Form 27 and the application health board shall cause the said order to be served upon each respondent.
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19. An application under section 19 (3) of the Act for the Court's directions as to the manner in which a child is to be visited shall be preceded by the issue and service of a notice in the Form 28 upon the respondent health board at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 29 and shall be served upon each of the parties.
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20. An application by a health board under section 19 (4) of the Act, made during the currency of a supervision order, for the Court's directions as to the care of the child shall be preceded by the issue and service of a notice in the Form 30 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 giving such directions shall be in the Form 31 and the applicant shall cause the said order to be served upon each respondent.
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21. (1) Where, under section 20 (1) of the Act, the Court adjourns proceedings and directs, a health board to undertake an investigation of a child's circumstances, if the board is not a party to those proceedings, the Clerk shall as soon as possible notify the board (in the Form 32) of the Court's decision.
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(2) Where, upon so adjourning, the Court gives directions under section 20 (2) of the Act as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the health board--
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( a ) an order of the Court giving such directions shall be in the Form 33;
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( b ) any such supervision order shall be in the Form 34,
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and the order shall be served upon each person directly affected thereby.
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22. An application under section 22 of the Act--
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( a ) to vary or discharge a care order or any condition or direction attaching to such order or to discharge the care order and make a supervision order, or
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( b ) to vary or discharge a supervision order or any condition or direction attaching to such order,
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shall be preceded by the issue and service of a notice in the Form 35, 36 or 37, 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 38, 39 or 40, as the case may be, and shall be served upon each person directly affected thereby.
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23. An appeal from an order made by the Court under Part IV 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.
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Applications etc. under Part V of the Act
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24. (1) Where, other than during the hearing of the proceedings, application is made by any of the parties for an order under section 27 (1) of the Act requesting the preparation of a report, such application shall be preceded by the issue and service of a notice in the Form 41 upon the other party or parties. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 42 and the applicant shall cause the said order to be served upon the person nominated therein to prepare the report.
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(2) When the report has been prepared it shall be lodged with the Clerk. A copy of the report shall be made available by the applicant to the counsel or solicitor representing each party or, if any party is not so represented, to that party.
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25. A request under section 30 (2) of the Act by a child to be present during the hearing of the proceedings or any part thereof may be made by letter addressed to the Court and lodged with the Clerk prior to or during the hearing, as appropriate, or such request may be made orally to the Court at the commencement of or during such hearing, as appropriate.
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26. A warrant issued under section 35 of the Act to execute an interim care order or a care order made under Part IV of the Act directing that a child be placed or maintained in the care of a health board shall be in the Form 43.
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Proceedings under Part VI of the Act
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27. (1) An application under section 37 (2) of the Act for an order regarding access to a child shall be preceded by the issue and service of a notice in the Form 44 upon the health board at leat two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 45.
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(2) An application under the said section 37 (2) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 46 upon the respondent or respondents, i.e. the health board, the parents, the persons mentioned in section 37 (1) of the Act, as appropriate. The order of the Court granting the application shall be in the Form 47 and shall be served upon each of the parties.
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28. (1) An application by a health board under section 37 (3) of the Act for an order authorising it to refuse access to a child in its care shall be preceded by the issue and service of a notice in the Form 48 upon the respondent (the person against whom the order is sought). Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 49 and the applicant shall cause the said order to be served upon the respondent.
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(2) An application under the said section 37 (3) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 50 upon the respondent or respondents. The order of the Court granting the application shall be in the Form 51 and shall be served upon each of the parties.
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29. An application by a health board under section 43 (2) of the Act for an order directing that a child be delivered up to the custody of the board shall be preceded by the issue and service of a notice in the Form 52 upon the respondent. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 53 and the applicant shall cause the said order to be served upon the respondent.
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30. Where an order is sought under section 46 (3) of the Act directing that a child be delivered up to the custody of a health board, the applicant shall lay information before the Judge on oath and in writing in the Form 54 and the Judge may, on foot of such information, sign and issue a summons in the Form 55. Such summons shall be served upon the respondent at least two days prior to the return date thereof. Where, however, the Judge is satisfied that the urgency of the matter so requires, the application may be made ex parte and an order under the said seciton may be made on foot of the sworn information without the necessity to issue such summons. The order of the Court granting the application shall be in the Form 56 and the applicant shall cause the said order to be served upon the respondent.
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31. An application under section 46 (6) of the Act for a search warrant shall be by information on oath and in writing in the Form 57. Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 58.
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32. (1) An application under section 47 of the Act for the Court's directions on a question affecting the welfare of a child in the care of a health board shall be preceded by the issue and service of a notice in the Form 59 upon the respondent or respondents. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 60 and shall be served upon each of the parties and any other person directly affected by the order.
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(2) An application to have any such order or direction varied or discharged shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 61 upon the respondent or respondents. The order of the Court granting the application shall be in the Form 62 and shall be served upon each of the Parties and any other person directly affected by the order.
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Applications under Part VII of the Act
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33. (1) In this rule "pre-school service" has the meaning assigned to it in section 49 of the Act.
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(2) An application under section 55 (2) of the Act for a warrant to enter and inspect premises in which a pre-school service is being carried on shall be by information on oath and in writing in the Form 63. Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 64.
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Proceedings under Part VIII of the Act
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34. An appeal to the Court under section 62 of the Act by the registered proprietor or, as the case may be, the person intending to be the registered proprietor of a children's residential centre, against a decision, specified in subsection (1) of that section, of a health board shall be preceded by the issue and service of a notice in the Form 65 upon that health board. Such notice shall be served at least seven days prior to the date fixed for hearing the appeal. The appellant shall lodge with the Clerk prior to the hearing a copy of the decision against which the appeal is brought or a copy of the notification referred to in section 61 (11) (b) (ii) of the Act. The order of the Court on hearing the appeal shall be in the Form 66.
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Orders provided for in Part X of the Act
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35. Where, in proceedings against a parent under section 17 of the School Attendance Act, 1926 (No. 17 of 1926), the Court makes a care order under section 17 (4) (b) of that Act (as substituted by section 75 of the Act) committing the child to the care of a health board the order of the Court shall be in the Form 67 and shall be served upon the said parent of the Child.
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SCHEDULE
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General heading to be used on all forms:--
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AN CHÚIRT DÚICHE
District Court Area of
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THE DISTRICT COURT
District No.
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CHILD CARE ACT, 1991
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section 12 (4)
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NOTICE OF APPLICATION FOR AN EMERGENCY CARE ORDER
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(where child is in custody of health board)
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In the matter of
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a child
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Name (if known) or description
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Applicant
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of.................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS the child *named *described above, who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who resides at ........................... *(in said court district) WAS DELIVERED UP to the custody of the applicant health board on the day of 19 by a member of the Garda Siíchána under section 12 (3) of the above-mentioned Act (the said member having removed the child to safety from ........................................ in accordance with section 12 (1) of the Act) and is now in the custody of the applicant in the said court district,
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TAKE NOTICE that the applicant will make application under section 12 (4) of the Act at the sitting of the District Court to be held at ..................................... on the day of 19 at a.m./p.m. for an emergency care order placing the child under the care of the applicant for a period not exceeding eight days * (and for directions under section 13 (7) of the Act).
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| Signed |
............................................................ ................ |
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Solicitor for applicant |
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To
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of
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the above-named respondent.
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CHILD CARE ACT, 1991
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section 13 (1)
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NOTICE OF APPLICATION FOR AN EMERGENCY CARE ORDER
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(where child is not in custody of health board)
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In the matter of
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS the child *named *described above, who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day 19 , *resides *is for the time being at ................. in the functional area of the applicant health board and in the said court district,
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AND WHEREAS the applicant believes that there is an immediate and serious risk to the health or welfare of the child which necessitates his/her being placed in the care of the applicant,
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TAKE NOTICE that the applicant will make application under section 13 (1) of the above-mentioned Act at the sitting of the District Court to be held at .............................. on the day of 19 at a.m./p.m. for an emergency care order placing the child under the care of the applicant for a period not exceeding eight days *(and for directions under section 13 (7) of the Act).
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| Signed |
............................................................ ................ |
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Solicitor for applicant |
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To
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of
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the above-named respondent.
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CHILD CARE ACT, 1991
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section 13 (1)
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EMERGENCY CARE ORDER
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(where child is in custody of health board)
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In the matter of
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a child
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Name (if known) or description
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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| UPON APPLICATION |
made to this Court to-day by the above-named applicant under section 12 (4) of the above-mentioned Act for an emergency care order in respect of the child *named *described above, who appears to the Court to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who resides at ............................* (in the said court district) and who was delivered up to the custody of the applicant health board on the day of 19 by a member of the Garda Síochána under section 12 (3) of the Act and who is now in the custody of the applicant in the said court district, |
| THE COURT |
*(being satisfied that notice of the application was duly served upon the respondent,)
having heard the evidence tendered herein,
being of opinion that there is reasonable cause to believe that there is likely to be an immediate and serious risk to the health/welfare of the child if the child is removed from the place where he/she is for the time being, and
being satisfied that the welfare of the child requires that this order be made,
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| HEREBY ORDERS |
that the child *named *described above be placed under the care of the applicant health board for the period of days (being a period not exceeding eight days) from the date hereof; |
| *(AND DIRECTS |
under section 13 (7) (a) of the Act as follows:-- |
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).
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| Signed |
............................................................ ................ |
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Judge of the District Court
*(for the said district).
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CHILD CARE ACT, 1991
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section 13 (1)
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EMERGENCY CARE ORDER
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(where child is not in custody of health board)
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In the matter of
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..................................................,
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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| UPON APPLICATION |
made to this Court to-day by the above-named applicant under section 13 (1) of the above-mentioned Act for an emergency care order in respect of the child *named *described above, who appears to the Court to be aged years, having been born *(so far as has been ascertained) on the day of 19 and *resides *is for the time being at ............................................. in the functional area of the applicant health board and in the said court district, |
| THE COURT |
*(being satisfied that notice of the application was duly served upon the respondent,)
having heard the evidence tendered herein,
being of opinion that there is reasonable cause to believe that there is an immediate and serious risk to the health/welfare of the child which necessitates his/her being placed in the care of a health board, and
being satisfied that the welfare of the child requires that this order be made,
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| HEREBY ORDERS |
that the child *named *described above be placed under the care of the applicant health board for the period of days (being a period not exceeding eight days) from the day upon which the child is delivered into the custody of that board; |
| *(AND DIRECTS |
under section 13 (7) (a) of the Act as follows:-- |
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)
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| Signed |
............................................................ ................ |
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Judge of the District Court
*(for said court district).
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CHILD CARE ACT, 1991
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section 13 (3)
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WARRANT TO EXECUTE AN EMERGENCY CARE ORDER
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In the matter of
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..................................................,
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS upon application made to-day by the above-named applicant under section 13 (1) of the above-mentioned Act for an order in respect of the child *named *described above, who appears to be aged years, having been born *(so far as has been ascertained ) on the day 19 , THE COURT made an emergency care order placing the said child under the care of the applicant health board for the period of days,
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AND the child not being in the custody of the applicant,
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THIS IS TO AUTHORISE YOU, ..................................................., a member of the Garda Siíchána, of ............................................................ .... accompanied by such other members of the Garda Siíchána 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 health board.
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| Signed |
............................................................ ................ |
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Judge of the District Court
*(for the said district).
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++Name the house or other place as
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set out in section 13 (3) of the Act.
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To
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of
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the above-named member of the
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Garda Síochána.
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CHILD CARE ACT, 1991
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NOTICE OF APPLICATION FOR DIRECTIONS
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(under section 13 (7) (a) of the Act)
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In the matter of
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..................................................,
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent(s)
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS on the application of the ........................... Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, this Court on the day of 19 made an emergency care order placing the child *named * described above under the care of that board for a period of days,
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TAKE NOTICE that the applicant herein will make application at the sitting of the District Court to be held at .................................... on the day of 19 at a.m./p.m. for the Court's directions under section 13 (7) (a) of the Act with respect to:--
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| Signed |
............................................................ ................ |
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Applicant |
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To
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of
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To
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of
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The above-named respondent(s)
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CHILD CARE ACT, 1991
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DIRECTIONS UNDER SECTION 13 (7) (a) OF THE ACT
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In the matter of
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..................................................,
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent(s)
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS ON APPLICATION
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by the ................................ Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, the Court on the day of 19 made an emergency care order placing the child *named* described above under the care of that health board for the period of days, |
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NOW, THE COURT
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on the application of the above-named applicant under section 13 (7) (a) of the Act for directions in relation to the said child,
being satisfied that notice of the application was duly served,
having heard the evidence tendered, and
being satisfied that the welfare of the child so requires,
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HEREBY DIRECTS
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under the said section 13 (7) (a) as follows:-- |
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| Signed |
............................................................ ................ |
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Judge of the District Court
*(for said court district).
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CHILD CARE ACT, 1991
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NOTICE OF APPLICATION TO *VARY *DISCHARGE A DIRECTION
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(under section 13 (7) (b) of the Act)
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In the matter of
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..................................................,
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent(s)
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS on the application of the .......................... Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, this Court on day of 19 , made an emergency care order placing the child *named* described above under the care of that board for the period of days,
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AND WHEREAS the Court *(on the day of 19 on the application of ......................... of ...........................................) gave directions in relation to the said child under section 13 (7) (a) of the Act,
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TAKE NOTICE that the applicant herein will apply, at the sitting of the District Court to be held at ..................................... on the day of 19 at a.m./p.m., under section 13 (7) (b) of the Act to have the direction with respect to--
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*discharged
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*varied as follows:--
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on the grounds that--
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| Signed |
............................................................ ................ |
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Applicant |
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To
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of
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To
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of
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The above-named respondent(s).
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CHILD CARE ACT, 1991
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ORDER TO *VARY *DISCHARGE A DIRECTION
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(under section 13 (7) (b) of the Act)
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In the matter of
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..................................................,
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a child
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Name (if known) or description
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS ON APPLICATION
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by the ........................................ Health Board, made under section *12 (4) *13 (1) of the above-mentioned Act, the Court on the day of 19 made an emergency care order placing the child *named* described above under the care of that board for the period of days, |
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AND WHEREAS THE COURT
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*(on the day of 19 on the application of ................................ of .......................................) gave directions in relation to the said child under section 13 (7) (a) of the Act, |
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NOW, THE COURT
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on the application of the applicant herein under section 13 (7) (b) of the Act to have the direction with respect to--
*varied *discharged,
being satisfied that notice of the application was duly served,
having heard the evidence tendered, and
being satisfied that the welfare of the child so requires,
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HEREBY ORDERS
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that the said last-mentioned direction
*BE DISCHARGED.
*BE VARIED AS FOLLOWS:--
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| Signed |
............................................................ ................ |
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Judge of the District Court
*(for the said court district).
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CHILD CARE ACT, 1991
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section 17 (1)
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NOTICE OF APPLICATION FOR AN INTERIM CARE ORDER
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In the matter of
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..................................................,
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a child
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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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 19 , *resides *has been found at .................... in the area of the applicant health board and in said court district,
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AND WHEREAS the applicant believes that--
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*the child has been or is being assaulted, ill-treated, neglected, sexually abused,
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*the child's health, development or welfare has been or is being avoidably impaired or neglected,
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*the child's health, development or welfare is likely to be avoidably impaired or neglected,
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AND WHEREAS an application for a care order in respect of the child has been or is about to be made by the applicant,
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TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at .................. on the day of 19 at a.m./p.m. for an interim care order under section 17 (1) of the above-mentioned Act *placing *maintaining the child in the care of the applicant health board pending the determination of the application for the care order.
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| Signed |
............................................................ ................ |
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Solicitor for applicant |
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To
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of
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The above-named respondent.
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CHILD CARE ACT, 1991
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section 17 (1)
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INTERIM CARE ORDER
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In the matter of
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..................................................,
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a child
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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UPON APPLICATION
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made to this Court today by the above-named applicant under section 17 (1) of the above mentioned Act for an interim 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 19 and who *resides *has been found at ....................... in the area of the applicant health board and in the said court district, |
|
THE COURT
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being satisfied that notice of the application was duly served,
having heard the evidence tendered herein and being satisfied -- that an application for a care order in respect of the child has been/is about to be made,
that there is reasonable cause to believe that
*the child has been/is being assaulted/ill-treated/neglected/sexually abused,
*the child's health/development/ welfare has been/is being avoidably impaired/neglected,
*the child's health/development/welfare is likely to be avoidably impaired/neglected,
and that it is necessary for the protection of the child's health/welfare that he/she be placed/maintained in the care of the applicant health board pending the determination of the application for the care order,
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HEREBY ORDERS
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that the above-named child ............... be *placed *maintained in the care of the applicant health board
*[for the period of days (being a period not exceeding eight days) from *the date hereof
*the date upon which the child is delivered into the custody of the board]
*[for the period of days (being a period exceeding eight days and the applicant and respondent consenting to such period] from
*the date hereof *the date upon which the child is delivered into the custody of the board]
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*[AND FURTHER ORDERS
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that the directions already given under section 13 (7) of the Act in respect of the said child shall remain in force *(subject to the following variation(s))-- |
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]
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*[AND DIRECTS
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under section 13 (7) of the Act as follows:--
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] |
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| Signed |
............................................................ ................ |
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Judge of the District Court |
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CHILD CARE ACT, 1991
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section 17 (2)
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NOTICE OF APPLICATION FOR AN EXTENSION OF AN INTERIM CARE ORDER
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In the matter of
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..................................................,
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a child
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS on the application of the ................................................ Health Board, made under section 17 (1) of the above-mentioned Act, this Court on the day of 19 made an interim care order * placing *maintaining the above-named child in the care of that health board for the period of days,
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TAKE NOTICE that the above-named applicant will apply at the sitting of the District Court to be held at ........................ on the day of 19 at a.m./p.m. for an extension, under section 17 (2) of the Act, of the period of the said interim care order for a further period of days.
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| Signed |
............................................................ ................ |
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Solicitor for applicant |
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To
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of
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The above-named respondent.
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CHILD CARE ACT, 1991
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section 17 (2)
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ORDER EXTENDING THE PERIOD OF AN INTERIM CARE ORDER
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In the matter of
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..................................................,
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a child
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
|
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS ON APPLICATION
|
by the .........................Health Board, made under section 17 (1) of the above-mentioned Act, the Court on the day of 19 made an interim care order * placing *maintaining the above-named child in the care of that health board for the period of days, |
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NOW, THE COURT
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on the application of the applicant herein for an extension of the period of the said interim care order,
being satisfied that notice of the application was duly served,
having heard the evidence tendered herein, being satisfied--
that grounds for the making of an interim care order continue to exist with respect to the child, and that the welfare of the child so requires,
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HEREBY GRANTS
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an extension of the period of the interim care order in respect of the said child--
*[for the further period of days (being a period not exceeding eight days) from the day of 19 ]
*[for the further period of days (being a period exceeding eight days and the applicant and respondent consenting to such period) from the day of 19 ]
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| Signed |
............................................................ ................ |
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Judge of the District Court |
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CHILD CARE ACT, 1991
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section 18 (1)
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NOTICE OF APPLICATION FOR A CARE ORDER
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In the matter of
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..................................................,
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a child
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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WHEREAS the above-named child, who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 , *resides has been found at ................ in the area of the applicant health board and in the said court district,
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AND WHEREAS the applicant believes that--
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*(the child has been or is being assaulted, ill-treated, neglected, or sexually abused)
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*(the child's health, development or welfare has been or is being avoidably impaired or neglected,)
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*(the child's health, development or welfare is likely to be avoidably impaired or neglected,)
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and that the child requires care or protection which he/she is unlikely to receive unless the Court makes an order under section 18 of the above-mentioned Act,
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TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ................. on the day of 19 at a.m./p.m. for a care order with respect to the said child under section 18 (1) of the Act *and for an order under section 18 (7) of the Act requiring a contribution towards the cost of maintaining the child).
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| Signed |
............................................................ ................ |
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Solicitor for applicant |
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To
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of
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The above-named respondent.
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CHILD CARE ACT, 1991
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section 18 (1)
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CARE ORDER
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In the matter of
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..................................................,
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a child
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....................................................
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Applicant
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of.................................................
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....................................................
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Respondent
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of ................................................
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*Delete words
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inapplicable.
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UPON APPLICATION
|
made to this Court to-day by the above-named applicant under section 18 (1) of the above-mentioned Act for a care order with respect to the above-named child who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who *resides *has been found at ....................... in the area of the applicant health board and in the said court district, |
|
THE COURT
|
being satisfied that notice of the application was duly served,
having heard the evidence tendered herein and
being satisfied that
*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)
*(the child's health/development/welfare has been/is being avoidably impaired/neglected,)
*(the child's health/development/welfare is likely to be avoidably impaired/neglected,)
and the child's requires care/protection which he/she is unlikely to receive unless the Court makes an order under the said section 18 (1), and
that the welfare of the child so requires,
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HEREBY ORDERS
|
that the said child ............... be committed to the care of the applicant health board--
*(for so long as he/she remains a child, that is to say, until the day of 19 ).
*(for the period from the day of 19 until the day of 19 ).
*[for the period from the date upon which the child is delivered into the custody of the board until the day of 19 ).
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*[AND DIRECTS
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as follows:-- |
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| Signed |
............................................................ ................ |
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Judge of the District Court |
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CHILD CARE ACT, 1991
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section 18 (2)
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NOTICE OF APPLICATION TO EXTEND THE OPERATION OF A CARE ORDER
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| In the matter of |
.................................., |
a child |
|
.................................. |
Applicant |
| of .............................. |
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| .................................. |
Respondent |
| of .............................. |
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WHEREAS on the application of the ........................... Health Board, made under section 18 (1) of the above-mentioned Act, this Court on the day of 19 , made a care order committing the above-named child to the care of that board for the period from the day of 19 to the day of 19 ,
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TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ........................ on the day of 19 at a.m./p.m. for an order under section 18 (2) of the Act extending the operation of the care order for a further period of..............
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| Signed |
............................................................ ................ |
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Solicitor for applicant |
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To
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of
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The above-named respondent.
|
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|
CHILD CARE ACT, 1991
|
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|
section 18 (2)
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ORDER EXTENDING THE OPERATION OF A CARE ORDER
|
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| In the matter of |
.................................., |
a child |
|
.................................. |
Applicant |
| of .............................. |
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| .................................. |
Respondent |
| of .............................. |
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| WHEREAS ON APPLICATION |
by the ................................. Health Board, made under section 18 (1) of the above-mentioned Act, the Court on the day of 19 made a care order committing the above-named child to the care of the board for period from the day of 19 to the day of 19 , |
| NOW, THE COURT |
on the application of the applicant herein for an order under section 18 (2) of the Act extending the operation of the care order,
being satisfied that notice of the application was duly served,
having heard the evidence tendered herein,
being satisfied--
that grounds for the making of a care order continue to exist with respect to the child, and
that the welfare of the child so requires,
|
| HEREBY ORDERS |
that the operation of the said care order with respect to the above-named child ........................ be extended for the further period from the day of 19 to the day of 19 . |
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| Signed |
............................................................ ................ |
|
Judge of the District Court |
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|
CHILD CARE ACT, 1991
|
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|
sections 18 (5), 19
|
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|
SUPERVISION ORDER
|
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(in lieu of a care order)
|
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| In the matter of |
.................................., |
a child |
|
.................................. |
Applicant |
| of .............................. |
|
| .................................. |
Respondent |
| of .............................. |
|
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|
*Delete words
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|
inapplicable.
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|
| UPON APPLICATION |
made to this Court to-day by the above-named applicant under section 18 (1) of the above-mentioned Act for a care order with respect to the above-named child who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who resides at ................... in the area of the applicant health board and in the said court district, |
| THE COURT |
being satisfied that notice of the application was duly served,
having heard the evidence tendered herein,
being satisfied that there are reasonable grounds for believing that--
*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)
(or)
*(the child's health/development/welfare has been/is being avoidably impaired/neglected,)
(or)
*(the child's health/development/welfare is likely to be avoidably impaired/neglected,)
but being satisfied that--
it is not necessary or appropriate that a care order be made and
it is desirable that the child be visited periodically in his/her home by or on behalf of the health board, and
that the welfare of the child so requires,
|
| HEREBY AUTHORISES |
the applicant health board to have the above-named child ....................... visited on such periodic occasions as the board may consider necesasry 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)
|
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*(from the day of 19 until the day of 19 )
|
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and, in any event, shall cease to have effect when the person in respect of whom it is made ceases to be a child.
|
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| Signed |
............................................................ ................ |
|
Judge of the District Court |
|
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|
|
CHILD CARE ACT, 1991
|
|
|
section 18 (6)
|
|
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NOTICE OF APPLICATION FOR COURT'S DIRECTIONS
|
|
|
(pending determination of application for care order)
|
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| In the matter of |
.................................., |
a child |
|
.................................. |
Applicant |
| of .............................. |
|
| .................................. |
Respondent |
| of .............................. |
|
|
|
|
|
|
|
*Delete words
|
|
|
inapplicable.
|
|
|
WHEREAS applications has been made to this Court by the ....................................... Health Board under section 18 (1) of the above-mentioned Act for a care order with resepct to the above-named child who * resides *has been found at ............................ in the area of the board and in the said court district,
|
|
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AND WHEREAS the said application has not yet been determined by the Court,
|
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at .......................... on the day of 19 at a.m./p.m. for the Court's directions under section 18 (6) of the Act as to the care and custody of the child pending such determination.
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| Signed |
............................................................ ................ |
|
Applicant |
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To
|
|
|
of
|
|
|
The above-named respondent.
|
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CHILD CARE ACT, 1991
|
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DIRECTIONS UNDER SECTION 18 (6) OF THE ACT
|
|
|
(pending determination of application for care order)
|
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|
|
|
|
| In the matter of |
............................................., |
a child |
|
............................................... |
Applicant |
| of ........................................... |
|
| ................................................ |
Respondent |
| of ........................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS APPLICATION
|
has been made to this Court by the ..................... Health Board under section 18 (1) of the above-mentioned Act for a care order with respect to the above-named child who * resides *has been found at ................... in the area of the board and in the said court district, |
|
AND WHEREAS
|
the said application has not yet been determined by the Court, |
|
NOW, THE COURT
|
on the application of the applicant herein for directions under section 18 (6) of the Act, |
|
*(being satisfied that notice of the application herein was duly served,) |
|
having heard the evidence tendered herein, and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY DIRECTS
|
under the said section 18 (6) - as to the care and custody of the child pending such determination - as follows:-- |
|
Such direction(s) shall cease to have effect on the determination of the application for the care order.
|
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Dated this
|
day of |
19 |
|
Signed ................................................. |
|
Judge of the District Court |
|
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|
|
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|
|
|
CHILD CARE ACT, 1991
|
|
|
section 18 (6)
|
|
|
NOTICE OF APPLICATION FOR A SUPERVISION ORDER
|
|
|
(pending determination of application for care order)
|
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|
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|
|
| In the matter of |
............................................., |
a child |
|
............................................. |
Applicant |
| of .......................................... |
|
| ............................................. |
Respondent |
| of ......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS application has been made to this Court by the ........................... Health Board under section 18 (1) of the above-mentioned Act to a care order with respect to the above-named child who resides at ............................ in the area of the board and in the said court district,
|
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AND WHEREAS the said application has not yet been determined by the Court,
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ............................. on the day of 19 at a.m./p.m. for a supervision order under section 18 (6) of the Act in respect of the said child pending such determination.
|
|
Dated this
|
day of |
19 |
|
Signed.................................. |
|
Solicitor for applicant |
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 18 (6)
|
|
|
SUPERVISION ORDER
|
|
|
(pending determination of application for care order)
|
|
|
|
|
|
| In the matter of |
............................................, |
a child |
|
............................................... |
Applicant |
| of .......................................... |
|
| ............................................... |
Respondent |
| of ........................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS APPLICATION
|
was made to this Court by the day of 19 by the ...........................Health Board under section 18 (1) of the above-mentioned Act, for a care order with respect to the above-named child who *is *appears to be aged years, having been born*(so far as has been ascertained) on the day of 19 and who resides at ...............in the area of the board and in the said court district, |
|
AND WHEREAS
|
the said application has not yet been determined by the Court, |
|
NOW, THE COURT
|
on the application of the applicant herein under section 18 (6) of the Act for a supervision order in respect of the said child pending such determination, |
|
*(being satisfied that notice of the application herein was duly served,) |
|
having heard the evidence tendered herein, |
|
being satisfied that there are reasonable grounds for believing that-- |
|
*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,) |
|
(or) |
|
*the child's health/development/welfare has been/is being avoidably impaired/neglected,) |
|
(or) |
|
*(the child's health/development/welfare is likely to be avoidably impaired/neglected,) |
|
and it is desirable that the child be visited periodically by or on behalf of the health board and |
|
that the welfare of the child so requires, |
|
HEREBY AUTHORISES
|
the applicant health board, pending the determination of the application for the care order, to have the said child . . . . visited on such periodic occasions as the board 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 cease to have effect on the determination of the application for the care order.
|
|
Dated this
|
day of |
19 |
|
Signed................................................ |
|
Judge of the District Court |
|
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|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 18 (7)
|
|
|
CONTRIBUTION ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by the above-named health board under section 18 (1) of the above-mentioned Act for an order with respect to the above-named child who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who *resides *has been found at ............................. in the area of the board and in the said court district, THE COURT HAS today made a care order committing the child to the care of that health board for the period from the day of 19 to the day of 19 , |
|
NOW, THE COURT
|
being satisfied that the above-named respondent(s) *is *are the parent(s) of the child, and |
|
|
having regard to the means of the said parent(s), |
|
HEREBY ORDERS
|
under section 18 (7) of the Act that you,..............................., parent(s) of the child............................... do contribute to the......................................Health Board towards the cost of maintaining the child the weekly sum of £ for the whole of the period during which that care order is in operation or until further order of the Court herein -- the first of such weekly sums to be paid on the day of 19 . |
|
Dated this
|
day of |
19 |
|
Signed............................................................ .... |
|
Judge of the District Court |
| To |
| of |
| Parent(s) of the above-named child. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 18 (8)
|
|
|
NOTICE OF APPLICATION TO *VARY *DISCHARGE A CONTRIBUTION ORDER
|
|
|
|
|
|
| In the matter of |
....................................................... |
a child |
|
....................................................... |
Applicant |
|
of................................................... |
|
|
....................................................... |
Respondent |
|
of................................................... |
|
|
|
|
*Delete words inapplicable.
|
|
|
|
WHEREAS ON THE APPLICATION OF THE ....................................... Health Board, made under section 18 (1) of the above mentioned Act, for an order with respect to the above-named child, the Court on the day of 19 made a care order committing the child to the care of that health board,
|
|
AND WHEREAS in addition to making such order the Court made a contribution order requiring the above-named * applicant * respondent to contribute to the health board the weekly sum of £ towards the cost of maintaining the child,
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at .....................................on the day of 19 at a.m./p.m. for an order under section 18 (8) of the Act *varying *discharging the said contribution order on the grounds that:--
|
|
Dated this
|
day of |
19 |
|
Signed.................................................. |
|
Applicant |
| To |
| of |
| The above-named respondent |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 18 (8)
|
|
|
ORDER TO *VARY* DISCHARGE A CONTRIBUTION ORDER
|
|
|
|
|
|
| In the matter of |
..................................................... |
a child |
|
of.................................................. |
Applicant |
|
..................................................... |
|
|
of.................................................. |
Respondent |
|
of..................................................... |
|
|
|
|
*Delete words
|
|
|
inaplicable.
|
|
|
|
|
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section 18 (1) of the above-mentioned Act, for an order with respect to the above-named child, the court on the day of 19 made a care order committing the child to the care of that health board, |
|
AND WHEREAS
|
in addition to such order the Court made a contribution order requiring the parent(s) of the child to contribute to the health board the weekly sum of £ towards the cost of maintaining the child for the whole of the period during which that care order is in operation, |
|
NOW, THE COURT
|
on the application of the applicant herein under section 18 (8) of the Act to *vary *discharge the contribution order, |
|
|
being satisfied that notice of the application herein was duly served, and |
|
|
having heard the evidence tendered herein, |
|
HEREBY ORDERS
|
that the said contribution order |
|
*be discharged. |
|
*be varied as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed ......................................... |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 19 (1)
|
|
|
NOTICE OF APPLICATION FOR A SUPERVISION ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of ........................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS the above-named child, who *is * appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 , resides at.......................in the area of the applicant health board and in the said court district,
|
|
AND WHEREAS the applicant believes that--
|
|
*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,)
|
| (or) |
|
*(the child's health/development/welfare has been/is being avoidably impaired/neglected,)
|
| (or) |
|
*(the child's health/development/welfare is likely to be avoidably impaired/neglected,)
|
|
and it is desirable that the child be visited periodically by or on behalf of the health board,
|
|
TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ..................... on the day of 19 at a.m./p.m. for a supervision order under section 19 (1) of the Act with respect to the said child.
|
|
Dated this
|
day of |
19 |
|
Signed ...................................... |
|
Solicitor for applicant |
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 19 (1)
|
|
|
SUPERVISION ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of ........................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
UPON APPLICATION
|
made to this Court to-day by the above-named applicant under section 19 (1) of the above-mentioned Act for a supervision order with respect to the above-named child who *is * appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who resides at ..........................in the area of the applicant health board and in the said court district, |
|
THE COURT
|
being satisfied that notice of the application was duly served, |
|
having heard the evidence tendered herein, |
|
being satisfied that there are reasonable grounds for believing that-- |
|
*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,) |
|
(or) |
|
*(the child's health/development/welfare has been/is being avoidably impaired/neglected,) |
|
(or) |
|
*(the child's health/development/welfare is likely to be avoidably impaired/neglected,) |
|
and it is desirable that the child be visited periodically by or on behalf of the health board, and |
|
that the welfare of the child so requires, |
|
HEREBY AUTHORISES
|
the applicant health board to have the above-named child......................... visited on such periodic occasions as the board 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 19 until the day of 19 )
|
|
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 |
19 |
|
Signed ...................................... |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
NOTICE OF APPLICATION FOR DIRECTIONS
|
|
|
(under section 19 (3) of the Act)
|
|
|
|
|
|
| In the matter of |
..........................................., |
a child |
|
............................................ |
Applicant |
|
of ......................................... |
|
|
............................................ |
Respondent |
|
of ......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS on the application of the above-named health board, made under section ...........................of the above-mentioned Act, the Court on the day of 19 made a supervision order authorising that board to have the above-named child, who resides at ...........................in the area of the board and in the said court district, visited on such periodic occasions as the board 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 WHEREAS the above-named applicant, being a *(parent of the child) *(person acting in loco parentis), is dissatisfied with the manner in which the health board in exercising its authority to have the child visited in accordance with section 19 of the Act,
|
|
TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ...............................on the day of 19 at a.m./p.m. for directions under section 19 (3) of the Act as to the manner in which the child is to be visited.
|
|
Dated this
|
day of |
19 |
|
Signed ............................................ |
|
Applicant |
| To |
| of |
| The above-named health board. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
DIRECTIONS UNDER SECTION 19 (3) OF THE ACT
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of ........................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section ................... of the above-mentioned Act, THE COURT on the day of 19 MADE A SUPERVISION ORDER in respect of the above-named child, who resides at ......................................... in the area of the board and in the said court district, |
|
NOW, THE COURT
|
on the application of the above-named applicant, being a *parent of the child) *(person acting in loco parentis), for directions under section 19 (3) of the Act, the said applicant being dissatisfied with the manner in which the board in exercising its authority to have the child visited in accordance with section 19 of the Act, |
|
being satisfied that notice of the application herein was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires |
|
HEREBY DIRECTS
|
under section 19 (3) of the Act as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed .................................... |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
NOTICE OF APPLICATION FOR DIRECTIONS
|
|
|
(under section 19 (4) of the Act)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of ........................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS on the application of the above-named applicant, made under section .............................. of the above-mentioned Act, this Court on the day of 19 made a supervision order authorising that health board to have the above-named child, who resides at .............................in the area of the board and in the said court district, visited on such periodic occasions as the board 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 WHEREAS the said supervision order is still in force,
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at .................................... on the day of 19 at a.m./p.m. for directions under section 19 (4) of the Act as to the care of the child.
|
|
Dated this
|
day of |
19 |
|
Signed ............................... |
|
Solicitor for applicant |
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
DIRECTIONS UNDER SECTION 19 (4) OF THE ACT
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section .................. of the above-mentioned Act, THE COURT on the day of 19
MADE A SUPERVISION ORDER in respect of the above-named child, who resides at ..........................in the area of that board and in the said court district, and the said supervision order is still in force,
|
|
NOW, THE COURT
|
on the application of the health board for directions under section 19 (4) of the Act as to the care of the child, |
|
being satisfied that notice of the application herein was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY DIRECTS
|
as follows:-- 19 |
|
Dated this
|
day of |
19 |
|
Signed ............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 20 (1)
|
|
|
NOTICE OF ADJOURNMENT OF PROCEEDINGS AND OF DIRECTION TO HEALTH BOARD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS proceedings entitled as above, brought under section. ...........of the (Act) 19 , in respect of the above-named child, who *resides *is for the time being at ..........................in the area of the .......................Health Board and in the said court district, were before this Court on the day 19 ,
|
|
AND WHEREAS it appeared to the Court that it may be appropriate for a care order or a supervision order to be made with respect to the said child,
|
|
TAKE NOTICE that the Court adjourned those proceedings under section 20 (1) of the Child Care Act, 1991 until the day of 19 at a.m./p.m. in the courthouse at ............................................and directed the said health board to undertake an investigation of the child's circumstances.
|
|
Dated this
|
day of |
19 |
|
Signed ............................................ |
|
Clerk of the District Court
for the said court area,
|
|
District Court Office, |
|
..................................................... |
| To |
| of |
| The above-named health board |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
DIRECTIONS UNDER SECTION 20 (2) OF THE ACT
|
|
|
(pending outcome of investigation by health board)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS PROCEEDINGS
|
entitled as above, brought under section .................................of the (Act) 19 , in respect of the above-named child who *resides *is for the time being at ............................ in the area of the .......................... Health Board and in the said court district, were before this Court today, |
|
AND WHEREAS
|
it appeared to the Court that it might be appropriate for a care order or a supervision order to be made with respect to the said child and, under section 20 (1) of the Child Care Act, 1991 , the Court adjourned the proceedings and directed that health board to undertake an investigation of the child's circumstances, |
|
NOW, THE COURT
|
being satisfied that the welfare of the child so requires, |
|
HEREBY DIRECTS
|
under section 20 (2) of the Act (as to the care and custody of the child pending the outcome of the investigation) as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed ............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 20 (2)
|
|
|
SUPERVISION ORDER
|
|
|
(pending outcome of investigation by health board)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS PROCEEDINGS
|
entitled as above, brought under section .................................of the (Act) 19 , in respect of the above-named child, who resides at........................in the area of the ........................... Health Board and in the said court district, were before this Court today, |
|
AND WHEREAS
|
it appeared to the Court that it might be appropriate for a care order or a supervision order to be made with respect to the said child and, under section 20 (1) of the Child Care Act, 1991 , the Court adjourned the proceedings and directed that health board to undertake an investigation of the child's circumstances, |
|
NOW, THE COURT
|
being satisfied that there are reasonable grounds for believing that-- |
|
*(the child has been/is being assaulted/ill-treated/neglected/sexually abused,) |
|
(or) |
|
*(the child's health/development/welfare has been/is being avoidably impaired/neglected,) |
|
(or) |
|
*(the child's health/development/welfare is likely to be avoidably impaired/neglected,) |
|
and it is desirable that the child be visited periodically by or on behalf of the health board, and |
|
that the welfare of the child so requires, |
|
HEREBY AUTHORISES
|
the ............................................. Health Board, pending the outcome of the said investigation, to have the said child .......................................... visited on such periodic occasions as the board 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 Child Care Act, 1991 (as to the care of the child) as follows:--
].
|
|
Dated this
|
day of |
19 |
|
Signed ............................................ |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 22
|
|
|
NOTICE OF APPLICATION TO *VARY *DISCHARGE *A CARE ORDER A *CONDITION *DIRECTION ATTACHING TO A CARE ORDER
|
|
|
|
|
|
| In the matter of |
..............................................., |
a child |
|
................................................ |
Applicant |
|
of ............................................. |
|
|
................................................ |
Respondent (s) |
|
of ............................................ |
|
|
*Delete words
inapplicable.
|
|
WHEREAS on the application of the above-named health board, made under section 18 (1) of the above-mentioned Act, the Court on the day of 19 made a care order committing the above-named child to the care of the board for the period from the day of 19 until the day of 19 ,
|
|
*(AND WHEREAS the said order contained a *condition* direction that--
|
|
)
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ............................... on the day of 19 at a.m./p.m. under section 22 of the Act to have the said *care order *condition *direction
|
|
*DISCHARGED.
|
|
*VARIED as follows:--
|
|
on the grounds that--
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
| The above-named respondent(s) |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 22 (c)
|
|
|
NOTICE OF APPLICATION TO DISCHARGE A CARE ORDER AND MAKE A SUPERVISION ORDER
|
|
|
|
|
|
| In the matter of |
..............................................., |
a child |
|
................................................ |
Applicant |
|
of ............................................. |
|
|
................................................ |
Respondent(s) |
|
of ............................................ |
|
|
WHEREAS on the application of the above-named health board, made under section 18 (1) of the above-mentioned Act, the Court on the day of 19 , made a care order committing the above-named child to the care of the board for the period from the day of 19 until the day of 19 ,
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ...............................on the day of 19 at a.m./p.m. under section 22 (c) of the Act to have the said care order discharged and a supervision order made in respect of the child on the grounds that--
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
| The above-named respondent(s) |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 22
|
|
|
NOTICE OF APPLICATION TO *VARY *DISCHARGE *A SUPERVISION ORDER A *CONDITION *DIRECTION ATTACHING TO A SUPERVISION ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent (s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS on the application of the above-mentioned health board, made under section of the above-mentioned Act, the Court on the day of 19 made a supervision order authorising the board to have the above-named child, who resides at ........................................ in the area of the board and in the said court district, visited on such periodic occasions as the board 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 WHEREAS the said order contained a *condition *direction that--
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ........................... on the day of 19 at a.m./p.m. under section 22 of the Act to have the said *supervision order *condition *direction
|
|
*DISCHARGED.
|
|
*VARIED as follows--
|
|
on the grounds that--
|
|
Dated this
|
day of |
19 |
|
Signed ...................................... |
|
Applicant |
| To |
| of |
| The above-named respondent(s) |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 22
|
|
|
ORDER TO *VARY *DISCHARGE *A CARE ORDER A *CONDITION *DIRECTION ATTACHING TO A CARE ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section 18 (1) of the above-mentioned Act, THE COURT on the day of 19 MADE A CARE ORDER committing the above-named child to the care of the board for the period from the day of 19 until the day of 19 , |
|
*(AND WHEREAS
|
the said order contained a *condition *direction that--
,)
|
|
NOW, THE COURT
|
on the application of the applicant herein under section 22 of the Act for an order to *vary * discharge the said *order * condition *direction, |
|
being satisfied that notice of the application herein was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY ORDERS
|
that the said *care order *condition *direction |
|
|
*BE DISCHARGED |
|
|
*BE VARIED as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed ................................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 22 (c)
|
|
|
SUPERVISION ORDER (MADE ON DISCHARGING A CARE ORDER)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section 18 (1) of the above-mentioned Act, THE COURT on the day of 19 MADE A CARE ORDER committing the above-named child to the care of the board for the period from the day of 19 until the day of 19 , |
|
NOW, THE COURT
|
on the application of the applicant herein to have that order discharged and a supervision order made in respect of the child under section 22 (c) of the Act, |
|
being satisfied that notice of the application was duly served, |
|
having heard the evidence tendered, |
|
being satisfied that-- |
|
such 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 health board and that the welfare of the child so requires, |
|
HAVING DISCHARGED
|
the said care order in respect of the said child, |
|
HEREBY AUTHORISES
|
the ..................................... Health Board to have the said child ...................... visited in his/her home at....................................... in the said court district on such periodic occasions as the board may consider necessary in order to satisfy itself as to the welfare of the child and to give * (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 19 until the day of 19 )
|
|
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 |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 22
|
|
|
ORDER TO *VARY *DISCHARGE *A SUPERVISION ORDER A * CONDITION *DIRECTION ATTACHING TO A SUPERVISION ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section................................of the above-mentioned Act, THE COURT on
the day of 19 MADE A SUPERVISION ORDER authorising the board to have the above-named child, who resides at..............................in the area of the board and in the said court district, visited on such periodic occasions as the board 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 WHEREAS
|
the said order contained a * condition * direction that-- |
|
NOW, THE COURT
|
on the application of the applicant herein under section 22 of the Act to *vary * discharge the said *supervision order *condition *direction, |
|
|
being satisfied that notice of the application herein was duly served, |
|
|
having heard the evidence tendered, and |
|
|
being satisfied that the welfare of the child so requires |
|
HEREBY ORDERS
|
that the said *supervision order *condition *direction |
|
*BE DISCHARGED |
|
*BE VARIED as follows-- |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 27
|
|
|
NOTICE OF APPLICATION FOR AN ORDER REQUESTING THE PREPARATION OF A REPORT
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS proceedings, entitled as above, under *Part IV *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 District Court to be held at .............................. on the day of 19 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 |
19 |
|
Signed .............................................. |
|
*Applicant *Respondent |
| To |
| of |
| The above-named *applicant *respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 27
|
|
|
ORDER REQUESTING THE PREPARATION OF A REPORT
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
UPON APPLICATION
|
made to this Court today by the *applicant *respondent in the above-named proceedings which are before the Court under *Part IV *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
|
being satisfied that notice of the application was duly served, |
|
having heard the evidence tendered and |
|
being satisfied that 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 report shall be paid by the above-named *applicant *respondent). |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 35
|
|
|
WARRANT TO EXECUTE *AN INTERIM CARE ORDER *A CARE ORDER
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS upon application made today by the above-named applicant under section *17 *18 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 19 , the Court made *an interim care order *a care order ordering that the child be *(placed/ maintained in) *(committed to) the care of the applicant health board for the period from--
|
|
*(the day of 19 until the day of 19 .)
|
|
*(the day upon which the child is delivered into the custody of the board until the day of 19 ,)
|
|
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 health board.
|
| Dated this |
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
| To the above-named member of the Garda Síochána |
| ++Name the house or other place as set out in section 35 of the Act. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (2)
|
|
|
NOTICE OF APPLICATION FOR AN ORDER REGARDING ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
WHEREAS the above-named child is in the care of the above-named health board at ........................................ in the said court district,
|
|
AND WHEREAS the above-named applicant is dissatisfied with the arrangements made by that board regarding access to the child,
|
|
TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ............................ on the day of 19 at a.m./p.m. for an order under section 37 (2) (a) of the above-mentioned Act regarding access to the child by the applicant.
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
| The above-named health board. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (2) (a)
|
|
|
ORDER REGARDING ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
UPON APPLICATION
|
by the above-named applicant made to the Court to-day for an order under section 37 (2) (a) of the above-mentioned Act in respect of the above-named child, who is in care of the above-named health board at.............................in the said court district, the said applicant being dissatisfied with the arrangements made by the board regarding access to the child, |
|
THE COURT
|
being satisfied that notice of the application was duly served, |
|
having heard the evidence tendered and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY ORDERS
|
as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (2)
|
|
|
NOTICE OF APPLICATION TO *VARY *DISCHARGE AN ORDER REGARDING ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS
|
the above-named child is in the care of the .............................. Health Board at ........................... in the said court district |
|
AND WHEREAS
|
on the application of ................................ of ..................................... the Court on the day of 19 made an order under section 37 (2) (a) of the above-mentioned Act regarding access to the child, as follows:-- |
|
TAKE NOTICE
|
that the applicant herein will apply at the sitting of the District Court to be held at .............................................. on the day of 19 at a.m./p.m., under section 37 (2) of the Act to have the said order *discharged/ *varied as follows:-- |
| on the grounds that-- |
| Dated this |
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (2) (b)
|
|
|
ORDER TO *VARY *DISCHARGE AN ORDER REGARDING ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by ..................................... of ............................ made under section 37 (2) of the above-mentioned Act, the Court on the day of 19 made an order regarding access to the above-named child, who is in the care of the ................................. Health Board at ................................. in the said court district, as follows:-- |
|
NOW, THE COURT
|
on the application of the applicant herein for an order under section 37 (2) (b) of the Act to * vary *discharge the said order, |
|
being satisfied that notice of the application herein was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY ORDERS
|
that the said order regarding access to the said child |
|
|
*BE DISCHARGED. |
|
|
*BE VARIED as follows-- |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (3)
|
|
|
NOTICE OF APPLICATION FOR AN ORDER AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
WHEREAS the above-named child is in the care of the applicant health board at ............................ in the said court district,
|
|
TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at ......................................... on the day of 19 at a.m./p.m. under section 37 (3) of the above-mentioned Act for an order authorising the applicant to refuse to allow the above-named respondent access to the said child on the ground that it is necessary to do so in order to safeguard or promote the child's welfare.
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Solicitor for applicant |
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (3) (a)
|
|
|
ORDER AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
UPON APPLICATION
|
by the above-named health board, made under section 37 (3) of the above-mentioned Act, with respect to the above-named child who is in the care of the board at .............................................. in the said court district, for an order authorising it to refuse to allow the above-named respondent access to the child, |
|
THE COURT
|
being satisfied that notice of the application was duly served, |
|
|
having heard the evidence tendered, and |
|
|
considering it necessary to do so in order to safeguard/promote the child's welfare, |
|
HEREBY AUTHORISES
|
the applicant health board to refuse to allow the respondent ........................ access to the said child .................................... in its care. |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (3)
|
|
|
NOTICE OF APPLICATION TO *VARY *DISCHARGE AN ORDER AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS on the application of the above-named health board, made under section 37 (3) of the above-mentioned Act, with respect to the above named child who is in the care of the board at .......................... in the said court district, the Court on the day of 19 made an order authorising the board to refuse to allow...............................of............................. access to the child,
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at ............................. on the day of 19 at a.m./p.m. under the said section to have the said order--
|
|
*discharged.
|
|
*varied as follows:--
|
|
on the grounds that--
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
| The above-named respondent(s). |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 37 (3) (b)
|
|
|
ORDER TO *VARY *DISCHARGE AN ORDER AUTHORISING REFUSAL TO ALLOW ACCESS TO A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by the above-named health board, made under section 37 (3) of the above-mentioned Act, with respect to the above-named child who is in the care of the board at ................................ in the said court district, THE COURT on the day of 19 MADE AN ORDER authorising the board to refuse to allow ..................................... of ...................... access to the child, |
|
NOW, THE COURT
|
on the application of the applicant herein under section 37 (3) of the Act for an order to * vary *discharge the said order, |
|
being satisfied that notice of the application herein was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires |
|
HEREBY ORDERS
|
that the said order authorising the health board to refuse to allow ................................. access to the child |
|
|
*BE DISCHARGED. |
|
|
*BE VARIED as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 43 (2)
|
|
|
NOTICE OF APPLICATION FOR AN ORDER THAT CHILD BE DELIVERED UP TO CUSTODY OF HEALTH BOARD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
WHEREAS the above-named child is in the care of the applicant health board and is in the custody of the above-named respondent at .................................. in the said court district with whom he/she has been placed by the board under section 36 of the above-mentioned Act,
|
|
AND WHEREAS the respondent has refused or neglected to comply with a request of the board to deliver up the child to the custody of the board,
|
|
TAKE NOTICE that the applicant will apply at the sitting of the District Court to be held at .................... on the day of 19 at a.m./p.m. under section 43 (2) of the Act for an order directing the respondent to deliver up the child to the custody of the board.
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Solicitor for applicant |
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 43 (2)
|
|
|
ORDER THAT CHILD BE DELIVERED UP TO CUSTODY OF HEALTH BOARD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
UPON APPLICATION
|
by the applicant health board, made under section 43 (2) of the above-mentioned Act, with respect to the above-named child, who is in the care of the board and in the custody of the above-named respondent at ........................... in the said court district, with whom he/she was placed by the board under section 36 of the Act, for an order directing the respondent to deliver up the child to the custody of the board, the respondent having refused/neglected to comply with a request of the board to do so, |
|
THE COURT
|
being satisfied that notice of the application was duly served, |
|
having heard the evidence tendered, and |
|
considering it to be in the best interests of the child so to do, |
|
HEREBY DIRECTS
|
the said respondent ................................ to deliver up the said child .......................... to the custody of the applicant health board. |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
INFORMATION
|
|
|
(under section 46 (3) of the Act)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
THE INFORMATION of ........................................ of ..................................... who says on oath--
|
|
*(I am the applicant herein.) *(I have been authorised by the .................................... Health Board to make this application.)
|
|
I say that the above-named child .............................., being in the care of the .......................... Health Board, was on the day of 19 , without lawful authority,--
|
|
*(removed from the custody of the board.)
|
|
*(removed from the custody of............................. of. .................................................. who was taking care of the child on behalf of the board.)
|
|
*[prevented from returning to the custody *(of the board) *(of ..................................... of ..................... who was taking care of the child on behalf of the board) at the end of a period of leave.]
|
|
I believe that the child is for the time being at ............................................. in the said court district and that the above-named respondent can produce the child and I hereby apply for an order under section 46 (3) of the above-mentioned Act directing the respondent to deliver up the child to the custody of the board.
|
|
Signed............................................................ ..................... |
|
Informant |
|
Sworn before me this
|
day of |
19 |
|
at................................................
|
Signed............................................................ ..................... |
|
Judge of the District Court
*(assigned to the said district)
|
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 46 (3)
|
|
|
SUMMONS
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS from information sworn before me to-day *by *on behalf of the above-named applicant under section 46 (3) of the above-mentioned Act it appears that the above-named child, being in the care of the ..................................... Health Baord, was on the day of 19 , without lawful authority,
|
|
*(removed from the custody of the board.)
|
|
*(removed from the custody of ...................... of ......................... who was taking care of the child on behalf of the board.)
|
|
*[prevented from returning to the custody *(of the board) *(of .................................. of ................ who was taking care of the child on behalf of the board) at the end of a period of leave.]
|
|
AND WHEREAS it further appears that you, the above-named respondent, * residing * for the time being at .................................. in the said court district, can produce the said child,
|
|
THIS IS TO COMMAND YOU, the respondent, to appear at the sitting of the District Court to be held at .............................. on the day of 19 at
a.m./p.m. on the hearing of the application made in the said information for an order directing you to deliver up the child to the custody of the health board.
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
*(assigned to the said district)
|
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 46 (3)
|
|
|
ORDER THAT CHILD BE DELIVERED UP TO CUSTODY OF HEALTH BOARD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS IT APPEARS
|
from an application made by sworn information *by *on behalf of the................................. Health Board laid before this Court on the day of 19 , seeking an order under section 46 (3) of the above-mentioned Act with respect to the above-named child, that the said child, being in the care of the board, was on the day of 19 , without lawful authority, |
|
*(removed from the custody of the board,) |
|
*(removed from the custody of......................... of............................................. . who was taking care of the child on behalf of the board,) |
|
* [prevented from returning to the custody *(of the board) *(of ......................... of ........................ who was taking care of the child on behalf of the board) at the end of a period of leave,] |
|
and that the above-named respondent, *residing *for the time being at................................... in the said court district, can produce the said child, |
|
NOW, THE COURT
|
*(being satisfied that the summons herein was duly served,) |
|
|
having heard the evidence tendered and being satisfied that there are reasonable grounds for believing that the respondent can produce the child and that the welfare of the child so requires, |
|
HEREBY DIRECTS
|
the respondent, .........................., under section 46 (3) of the Act, to deliver up the said child ............................ to the custody of the Health Board. |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
*(assigned to the said district).
|
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
INFORMATION
|
|
|
(under section 46 (6) of the Act)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
THE INFORMATION of ..................................... of .............................. who says on oath--
|
|
*(I am the applicant herein.) *(I have been authorised by the ..................................... Health Board to make this application.)
|
|
I say that the above-named child ........................... is in care of the ............................... Health Board and that on the day of 19 , without lawful authority, he/she was--
|
|
*(removed from the custody of the board.)
|
|
*(removed from the custody of ....................... of .............................. who was taking care of the child on behalf of the board.)
|
|
*[prevented from returning to the custody *(of the board) *(of ........................... of ......................... who was taking care of the child on behalf of the board) at the end of a period of leave.]
|
|
I believe that the said child is in the ................... ++ ................... at ................................ in the said court district and I hereby apply for the issue of a warrant under section 46 (6) of the above-mentioned Act to search therein for the child.
|
|
Signed............................................................ ....... |
|
Informant |
|
Sworn before me on the
|
day of |
19 |
|
at............................................................ ..
|
Signed............................................................ ....... |
|
Judge of the District Court
*(assigned to the said district)
|
| ++Name the house or other place as set out in section 46 (6) of the Act. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
SEARCH WARRANT
|
|
|
(under section 46 (6) of the Act)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS IT APPEARS to me from the sworn information of the above-named applicant that the above-named child, being in the care of the. .......................................Health Board, was on the day of 19 , without lawful authority,
|
|
*(removed from the custody of the board,)
|
|
*(removed from the custody of....................... of.................................... . who was taking care of the child on behalf of the board,)
|
|
*[prevented from returning to the custody *(of the board) *(of .................. of ..................... who was taking care of the child on behalf of the board) at the end of a period of leave,]
|
|
AND BEING SATISFIED that there are reasonable grounds for believing that the said child is in the place set out hereunder,
|
|
I HEREBY AUTHORISE YOU, .................................... of .........................., a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or such other persons as may be necessary, to enter (if need be by force) and to search the ++ .................... at ...................... in the said court district, for the said child ..............................
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
*(assigned to the said district)
|
| To |
| of |
| The above-named member of the Garda Síochána |
| ++Name of house or other place as set out in section 46 (6) of the Act. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 47
|
|
|
NOTICE OF APPLICATION FOR DIRECTIONS ON A QUESTION AFFECTING THE WELFARE OF A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
WHEREAS the above-named child is in the care of the ................................. Health Board at ........................ in the said court district,
|
|
TAKE NOTICE that the above-named applicant will apply at the sitting of the District Court to be held at .................................. on the day of 19 at
a.m./p.m. for an order under section 47 of the above-mentioned Act giving directions on the following question affecting the welfare of the said child--
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
| The above-named respondent(s). |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
ORDER ON QUESTION AFFECTING WELFARE OF A CHILD
|
|
|
(under section 47 of the Act)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
UPON APPLICATION
|
made to this Court to-day by the above-named applicant under section 47 of the above-mentioned Act for an order giving directions on the following question affecting the welfare of the above-named child who is in the care of the ...................................... Health Board at ............................ in the said court district:-- |
|
THE COURT
|
being satisfied that notice of the application was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY DIRECTS
|
under the said section 47 as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
assigned to the said district.
|
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 47
|
|
|
NOTICE OF APPLICATION TO *VARY *DISCHARGE *AN ORDER * A DIRECTION ON A QUESTION AFFECTING THE WELFARE OF A CHILD
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS on the application ...........................of ............................... made under section 47 of the above-mentioned Act, the Court on the day of 19 made an order on the following question affecting the welfare of the above-named child, who is in the care of the ............................. Health Board at............................................... in the said Court District, that is to say,--
|
|
TAKE NOTICE that the applicant herein will apply at the sitting of the District Court to be held at .................................. on the day of 19 at a.m./p.m. under the said section 47 to have the said *order *direction--
|
|
*discharged
|
|
*varied as follows:--
|
|
on the grounds that--
|
| Dated this |
day of |
19 |
|
Signed .............................................. |
|
Applicant |
| To |
| of |
| The above-named respondent(s). |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 47
|
|
|
ORDER TO *VARY *DISCHARGE *AN ORDER *A DIRECTION
|
|
|
(on a question affecting the welfare of a child)
|
|
|
|
|
|
| In the matter of |
............................................., |
a child |
|
.............................................. |
Applicant |
|
of .......................................... |
|
|
.............................................. |
Respondent(s) |
|
of .......................................... |
|
|
*Delete words
inapplicable.
|
|
WHEREAS ON APPLICATION
|
by .................................. of ......................... made under section 47 of the above-mentioned Act, THE COURT on the day of 19 , MADE AN ORDER on a question affecting the welfare of the above-named child, who is in the care of the .......................... Health Board at .............................. in the said court district, to the following effect-- |
|
NOW, THE COURT
|
on the application of the applicant herein for an order under the said section 47 to *vary *discharge *(that order) *(the following direction contained in that order--
,)
|
|
being satisfied that notice of the application herein was duly served, |
|
having heard the evidence tendered, and |
|
being satisfied that the welfare of the child so requires, |
|
HEREBY ORDERS
|
that the said *order *direction |
|
|
*BE DISCHARGED |
|
|
*BE VARIED as follows:-- |
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
assigned to the said district.
|
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
INFORMATION
|
|
|
(under section 55 (2) of the Act)
|
|
|
|
|
|
|
|
...........................................................
|
Applicant
|
|
THE INFORMATION of .................................... of ................................ who says on oath--
|
|
I am the applicant herein and I have been authorised by the ................................. Health Board to make this information.
|
|
I believe that a pre-school service is being carried on in the premises situated at .............................. in the said court district in respect of which notice has not been received by the said health board in accordance with section 51 of the above-mentioned Act and I hereby apply for the issue of a warrant under section 55 (2) of the Act authorising me to enter and inspect the said premises.
|
|
Signed............................................................ ................. |
|
Informant |
|
SWORN before me this
|
day of |
19 |
|
at..................................................
|
Signed............................................................ ................. |
|
Judge of the District Court
assigned to the said district.
|
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 55 (2)
|
|
|
WARRANT TO ENTER AND INSPECT PREMISES
|
|
|
|
|
|
|
|
.........................................................
|
Applicant
|
|
|
of ....................................................
|
|
|
BEING SATISFIED from the application of the above-named applicant for a warrant under section 55 (2) of the above-mentioned Act, made by an information sworn before me to-day, that there are reasonable grounds for believing that a pre-school service is being carried on in the premises set out hereunder in respect of which notice has not been received by the ................................ Health Board in accordance with section 51 of the Act,
|
|
I HEREBY AUTHORISE YOU, .......................... of ............................ a person appointed by that health board in accordance with section 54 of the Act, to enter and inspect the premises situated at ........................................ in the said court district.
|
|
Dated this
|
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
assigned to the said district.
|
| To |
| of |
| The above-named authorised person. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
NOTICE OF APPEAL
|
|
|
(under section 62 of the Act)
|
|
|
|
|
|
|
|
........................................................,
|
Appellant
|
|
|
of ....................................................
|
|
|
|
.........................................................
|
Respondent
|
|
|
of ....................................................
|
|
|
*Deleted words
inapplicable.
|
|
|
|
|
TAKE NOTICE that the above-named appellant, being the *registered proprietor *person intending to be the registered proprietor of a children's residential centre situated at ........................... in the functional area of the respondent health board and in the said court district, will appeal at the sitting of the District Court to be held at ........................ on the day of 19 at a.m./p.m. under section 62 of the above-mentioned Act against the decision of the board--
|
|
*(to refuse to register the centre,)
|
|
*(to remove the centre from the register,)
|
|
*[*(to attach a condition) *(to amend/revoke a condition attached) to the registration of the centre,]
made on the day of 19 and notification of which was received by the appellant on the day of 19 .
|
| Dated this |
day of |
19 |
|
Signed .............................................. |
|
Appellant |
| To |
| of |
| The above-named respondent. |
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
ORDER ON APPEAL
|
|
|
(under section 62 of the Act)
|
|
|
|
|
|
|
|
.........................................................,
|
Appellant
|
|
|
of ....................................................
|
|
|
|
.........................................................
|
Respondent
|
|
|
of ....................................................
|
|
|
*Deleted words
inapplicable.
|
|
|
|
|
|
UPON HEARING ON APPEAL
|
brought before this Court to-day by the above-named appellant, being the *registered proprietor *person intending to be the registered proprietor of a children's residential centre situated at ....................................... in the functional area of the respondent health board and in the said court district, under section 62 of the above-mentioned Act against the decision of the board-- |
|
*(to refuse to register the centre,)
|
|
*(to remove the centre from the register,)
|
|
*[*(to attach a condition) * (to amend/revoke a condition attached) to the registration of the centre,]
|
|
made on the day of 19 , and |
|
THE COURT
|
being satisfied that notice of the appeal was duly served, |
|
|
having heard the evidence tendered,
|
|
*(HEREBY CONFIRMS
|
the said decision of the respondent health board.) |
|
*(HEREBY DIRECTS
|
the respondent health board to |
|
*(register the said centre.) |
|
*(restore the registration of the said centre.) |
|
*(withdraw the said condition) *(withdraw the *amendment to *revocation of the said condition.) |
|
*(attach the following condition to the registration--
.)
|
|
*(made an amendment to a condition of the registration, as follows:--
.)]
|
| Dated this |
day of |
19 |
|
Signed .............................................. |
|
Judge of the District Court
assigned to the said district.
|
|
|
|
|
|
|
|
|
|
CHILD CARE ACT, 1991
|
|
|
section 75 CARE ORDER
|
|
|
(under section 17 (4) (b) of the School Attendance Act, 1926 )
|
|
|
|
|
|
|
In the matter of
|
.......................................................,
|
a child
|
|
|
. ....................................................
|
Prosecutor
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of...................................................
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......................................................
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Accused
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(Parent of the said child)
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of ....................................................
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*Deleted words
inapplicable.
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WHEREAS PROCEEDINGS
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entitled as above, under section 17 of the School Attendance Act, 1926 , against the above-named parent with respect to the above-named child, who *is *appears to be aged years, having been born *(so far as has been ascertained) on the day of 19 and who resides at .............................................. in the area of the ............................... Health Board and in the said court district, ARE TO-DAY BEFORE THE COURT, |
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THE COURT
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*(being satisfied that the said parent has used all reasonable efforts to cause the said child to attend school in accordance with the said Act of 1926,) |
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*(having convicted the said parent of a second subsequent offence under the said section 17 in respect of the said child,) and |
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having heard the said health board and being satisfied that the welfare of the child so requires, |
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HEREBY ORDERS
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that the said child ............................ be committed to the care of the ............................ Health Board-- |
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*(for so long as he/she remains a child, that is to say, until the
day of 19 )
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*(for the period from the day of 19 until the day of 19 ) |
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*(for the period from the date upon which the child is delivered into the custody of the board until the day of 19 ) |
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*(AND DIRECTS
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as follows:-- .) |
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Dated this
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day of |
19 |
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Signed .............................................. |
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Judge of the District Court. |
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GIVEN this 6th day of November, 1995.
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PETER SMITHWICK (Chairman)
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JOHN GARAVAN
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JOHN P. CLIFFORD
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GILLIAN M. HUSSEY
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JOHN P. BROPHY
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GERRARD F. GRIFFIN
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DEIRDRE M. KENNEDY
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DIARMAID MAC DIARMADA
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I concur in making of the foregoing Rules of Court.
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Dated this 7th day of December 1995.
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NORA OWEN,
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Minister for Justice.
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EXPLANATORY NOTE.
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These Rules prescribe the procedure to be followed and the forms to be used in relation to applications to the Direct Court for Orders under the Child Care Act, 1991 . The Rules also prescribe the procedure for the hearing of proceedings and the mode of service of documents issued under the Rules.
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