(iii) to take all other reasonable precautions for the safety of the children. section 125 265.—An appeal shall lie to the Circuit Court from an order of the Children Court or the District Court committing a child to a children detention school or a place of detention designated under (i) establishing why the child became involved in the behaviour that gave rise to his or her admission to the Programme, (ii) discussing how the parents or guardian, family members, relatives or any other person could help to prevent the child from becoming involved in further such behaviour, and. (a) why the making of the children detention order is being deferred and for what period. (6) A child shall not be sent forward for sentence under subsection (5) without the consent of the Director of Public Prosecutions or (in relation to offences for which proceedings may not be instituted or continued except by, or on behalf or with the consent of, the Attorney General) the Attorney General's consent. 138.—Every community sanction, other than an order under section 3 of the Act of 1983, shall, unless it sooner expires or the context otherwise requires, expire 6 months after the child in respect of whom the order was made attains the age of 18 years. and any such placement or arrangement shall be subject to its control and supervision. (e) recognising the personal, cultural and linguistic identity of each of them. , and. (4) The Minister may establish at any future time or times one or more than one additional visiting panel should the geographical situation of any of the schools justify such a course. (c) where a board has been appointed to manage more than one children detention school, ensure that separate accounts are kept and presented to the board by each such school. (4) Where 234.—The chairperson and any other member of the Board shall be paid, out of funds at the disposal of the Board, such remuneration (if any) and such allowances for expenses as the Ministers, with the approval of the Minister for Finance, may from time to time determine. section 161 (b) where it has been practicable for the probation and welfare officer concerned to interview the child's parent or guardian or any victim, the results of the interview. section 133 (5) Any such place need not cater exclusively for children found guilty of offences. ; “probation officer's report” has the meaning assigned to it by (8) For the purposes of this section “proceedings before a judicial authority” includes, in addition to proceedings before a court, proceedings before any tribunal, body or person having power—. (b) to participate in any course that is reasonably available for the improvement of parenting skills. (2) Where the probation and welfare officer reports to the Court pursuant to section 198 (b) with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to the child's health or seriously to affect his or her wellbeing, alternatively or together. , in respect of a child. (a) while in transit to a court from a junior remand centre, remand centre, children detention school or children detention centre designated as such under , a family welfare conference may be adjourned to a time and place to be determined by it. (6) Such functions of the Chief Executive as may be specified by him or her from time to time may, with the consent of the Board, be performed by such member of the staff of the Board as may be authorised in that behalf by the Chief Executive. 166.—(1) The Minister may by order assign such additional functions to one or more than one of the boards of management as the Minister considers to be incidental to or consequential on the functions assigned to them under other provisions of this Part. 60.—(1) Where a child who is in custody in a Garda Síochána station has asked for a solicitor, the member in charge of the station shall notify the solicitor or cause him or her to be notified accordingly as soon as practicable. (3) Where the Court is satisfied that the child proposes to change or has changed his or her residence and that there is no day centre reasonably accessible to the child's new or proposed new residence, the order varying the day centre order shall not require the child to attend at a day centre but shall require him or her to remain under the supervision of a probation and welfare officer for the duration of the day centre order. (2) Before the court reaches a decision on the case, it may hear evidence from any person who prepared the report and from any person required under (ii) children to whom mentors have been assigned under 172.—For the purposes of expenditure by a board of management in the performance of its functions, the Minister may in each financial year, with the consent of the Minister for Finance, advance to the board out of moneys provided by the Oireachtas such sum or sums as the Minister, after consultation with the board, may determine. (4) Where a member of the Garda Síochána makes an arrest under this section and the member has reasonable grounds for believing that—, (a) there is an immediate and serious risk to the safety, health or wellbeing of the child, and. (3) Where an offence under this Part or any offence mentioned in Schedule 1 charged against any person is a continuing offence, it shall not be necessary to specify in the information, summons or indictment the date of the acts or omissions constituting the offence. . (3) A board of management may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved of under this section. 61.—(1) Subject to subsections (2) to (4), a child who has been detained in a Garda Síochána station pursuant to any enactment shall not be questioned, or asked to make a written statement, in relation to an offence in respect of which he or she has been arrested unless in the presence of—. (3) The Board shall, subject to the provisions of this Part, be independent in the exercise of its functions. (3) The Minister may request the board of management of a children detention school to instruct the visiting panel to report to that board on any matter relating to the school. Application of certain provisions to married child. (a) the period of detention that is being deferred, (b) the date of the resumed court hearing, and. (5) In fixing the amount of a recognisance under this section, the court, among other considerations, shall have regard to the present and future means of the parent or guardian concerned in so far as they appear or are known to the court and for that purpose may require the parent or guardian to give evidence as to those means and his or her financial commitments. section 126 (b)  The report shall contain information on the child's conduct after the finding of guilt, including the extent to which the child has complied with any conditions suggested by the court, on any change in the child's circumstances and on any reparation by the child to the victim, together with any other information which the officer considers to be relevant. 77.—(1) Where, in any proceedings in which a child is charged with an offence, it appears to the Court that it may be appropriate for a care order or a supervision order to be made under the Act of 1991 with respect to the child, the Court may, of its own motion or on the application of any person—, (a) adjourn the proceedings and direct the health board for the area in which the child is for the time being residing to convene a family welfare conference in respect of the child, and. (c) the parents or guardian of the child or, as appropriate, another adult with whom the child has been residing. 37.—(1) Subject to the provisions of this Part and any regulations under (b) whether in the Director's opinion a conference would be of assistance in preventing the commission by the child of further offences. Criminal Justice Act, 1951 (2) The grades of the staff of the Board and the members of staff in each grade shall be determined by the Board with the consent of the Ministers and the Minister for Finance. the person shall thereupon cease to be a member of the board. (2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference. section 150 (a) by virtue of any statutory provision, law, custom or practice, (b) under the rules governing any association, institution, profession, occupation or employment, or. Notice of private foster care arrangement. (g) an order imposing a community sanction. Children's Rights Alliance 7 Red Cow Lane Smithfield Dublin 7 Ireland. the person shall for the purposes of this Part be presumed, unless the contrary is proved, at that date to have been a child or to have been under or to have attained that age, as the case may be. , the period of detention of a child in a children detention school shall not in any case extend beyond the date on which the child attains the age of 18 years, and a child who has attained that age but has not completed the period of his or her detention shall, where practicable, be placed out under supervision in the community in accordance with subsections (1) to (5) of (6) A failure, without reasonable excuse, by a child to return to the school when his or her period of permitted absence has expired shall be treated as a breach of the discipline of the school. section 58 (i) any programme of occupation, activity or instruction to be undertaken by the child, (ii) such other matters with respect to the child's attendance at the centre as the court determines, or. section 204 39.—(1) The parents or guardian of a child, when present at a conference in respect of the child (or in their absence a member of the child's family or a relative of the child), and the child may, with the assistance of the other persons present at the conference, formulate an action plan for the child. 21.—(1) Whenever it appears to the Commissioner that the Director is, through absence, ill-health or other sufficient cause, temporarily unable to act, the Commissioner may appoint a member of the Garda Síochána not below the rank of inspector to act as the Director for such period (not exceeding the duration of the incapacity) as the Commissioner thinks proper, and references to the Director in this Part shall include the member so acting. 50.—No evidence shall be admissible in any court of any information, statement or admission disclosed or made only in the course of a conference or of the contents of any report of a conference. Section 130 (c)  Subject to any order made under paragraph (d)—, (i) any obligation imposed on any person by any rule of law or by any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him or her to disclose a finding to which this section applies or any circumstances ancillary to the finding (whether the finding is his her own or another's), and. 242.—(1) The Board shall submit to the Ministers an annual report which shall include information on the performance of its functions during the year to which it relates and such other information in such form as the Board considers appropriate or the Minister may direct. (1); “compensation order” has the meaning assigned to it by (a) the results of an interview with the child. (4) Where the Court makes an order pursuant to subsection (1)(b) or (2)(a) in relation to an action plan, it shall appoint a date for the Court to review compliance by the child with the plan, being a date not more than 6 months from the date of the order. section 117 . (2) (a)  Accounts kept in pursuance of this section shall be submitted by each board of management to the Comptroller and Auditor General not later than 3 months after the end of each accounting year. (a) on application by a probation and welfare officer to the court which made the order, the court is satisfied that its continuance in force—, (i) would not be in the interests of the suitable person or the child, or. (7) Section 31 (which deals with release on bail by members of the Garda Síochána) of the Punishment of Incest Act, 1908 Section 11 provides: “Every child shall have a right to a name and nationality and where a child is deprived of his identity the Government shall provide appropriate assistance and protection, with a view to establishing his identity.” section 164 (c) that the child reports to a specified Garda Síochána station at a specified time at such intervals as the Court considers appropriate. 134.—(1) Where an order under 217.—Any person who knowingly harbours, maintains or conceals a child or otherwise prevents a child from returning to a children detention school or to any person with whom he or she has been placed out on supervision in the community shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £750 or imprisonment for a term not exceeding 6 months or both. 9. section 126 211.—(1) Where a child is detained in a children detention school, the Director of the school may, on proof to his or her satisfaction that the presence of the child at any place is required in the interests of justice, or for the purpose of any inquest or inquiry, in writing order that the child be taken to that place. (b) to preserve and strengthen the relationship between children and their parents and other family members, (c) to foster the ability of families to develop their own means of dealing with offending by their children, and. (d) attendance of the child at a school or place of work. (2) An order under this section may be revoked or amended by the Minister, including an order under this section. 1. (2) The Minister may arrange for the construction of any building for use as a children detention school and by order designate it as such a school. (b) notwithstanding that actual suffering or injury to the health of the child, or the likelihood of such suffering or injury, was obviated by the action of another person. the Court may direct the probation and welfare service to arrange for the convening of a family conference in respect of the child and adjourn the proceedings until the conference has been held. Section 3, the words “or causing or procuring or encouraging any child or children to do so”. 23P.—(1) A person arranging or undertaking a private foster care arrangement shall give notice to the health board in the manner specified in section 23Q not less than thirty days before the placement. section 117 (2) Without prejudice to the power of the Minister to prescribe limits for the disciplining of children detained in children detention schools, the following forms of discipline shall be prohibited—. (b)  in determining whether to award costs against a child and the amount of any such costs. (b) for those purposes examine such records of the school or place and interview such members of its staff as he or she thinks necessary. (12) The persons present at any conference reconvened pursuant to subsection (11) shall ascertain why the child is not complying with the action plan and shall encourage the child to comply with the plan or any amended version of it that they may agree upon. (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with a board of management for the purposes of any superannuation benefits. . Revised legislation carried on this site may not be fully up to date. (b) for the purpose of receiving additional training or education, (c) for the purpose of participating in sport, recreation or entertainment in the community, or. ; “action plan”, where it occurs in Part 4, has the meaning assigned to it by (b) cater exclusively for children who have been found guilty of having committed offences. (iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made; (2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the child has complied with the order in question or any condition to which it is subject.

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