Court Rules

1. These rules may be cited as the District Court (Children)(No 2) Rules 2004.

2. These rules shall come into operation on the 3rd day of November 2004 and shall be read together with all other District Court rules for the time being in force.

3. Order 37 of the District Court Rules, 1997 (S.I. No. 93 of 1997) is hereby amended by the insertion therein of the following immediately after rule 12 thereof:

“13. An order pursuant to section 78(1) of the Act directing the Probation and Welfare Service to arrange for the convening of a family conference shall be in the Form 37.27, Schedule B. Where such order is made, the proceedings shall be adjourned to a date not less than seven days after the expiry of the period of 28 days prescribed in section 79 of the Act. For the purposes of convening a family conference pursuant to section 78 of the Act, the Clerk shall provide the probation and welfare service with such information and copies of such documents in respect of the child and/or in respect of the offence alleged as may be directed by the Court.

14. An order of the Court pursuant to section 82(1)(b) or section 82(2)(a) of the Act in respect of an action plan ordering that the child concerned comply with it and be supervised by a probation and welfare officer while it is in operation shall be in the Form 37.28 Schedule B. On such order being made, the proceedings shall be adjourned to a date fixed by the Court for review of compliance with the action plan in accordance with Section 84 of the Act. The probation and welfare officer who convened the relevant family conference shall be at liberty in such case to apply to the Court for the purposes of section 83 of the Act. Such application shall be preceded by the issue and service of a notice of application in the Form 37.29, Schedule B which shall be served not later than seven days before the date fixed for the hearing of such application on (a) the prosecuting Garda; (b) the child and (c) the parent(s) or guardian of the child or if the whereabouts of the parent(s) or guardian are unknown, on any adult relative of the child or other adult who has, under section 91(6) of the Act of 2001, accompanied the child during the proceedings”.

4. The Forms numbered 37.27 to 37.29 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 (S.I. No. 93 of 1997).