Court Rules

1. These rules may be cited as the District Court (Child Care) Rules 2008.

2. These rules shall come into operation on the 16 day of December 2008 and shall be read together with all other District Court Rules for the time being in force.

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4. Order 84 of the District Court Rules 1997 (S.I. No. 93 of 1997) is hereby amended by:

(i) the insertion immediately following rule 27 thereof of the following rule

"27A. (1) An application for an order under section 43A of the Act by a foster parent or relative with whom the child has been placed shall be preceded by the issue and service by the applicant of a notice in the Form 84.53A, Schedule C upon the Health Service Executive. A copy of the notice shall, where section 43A(2)(d)(ii) applies, be served by the Health Service Executive on the parent having custody of the child at the relevant time or a person (other than the applicant) acting in loco parentis to the child.

(2) The consent of the Health Service Executive under section 43A(2)(c) of the Act to the granting of the order shall be in writing and the original consent shall be appended to the original notice of application. Where a consent has been obtained under section 43A(2)(d)(i) of the Act to the granting of the order the original of such consent, if in writing, shall be appended to the original notice of application or produced at the hearing of the application, and where such consent in writing is not so appended or produced, such consent shall, where required, be proved by such other means as the court considers appropriate.

(3) A copy of the notice of application shall be served not later than four days before the date fixed for hearing the application, and the original notice of application shall be lodgedwith the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 84.53B, Schedule C and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the Order.

(4) An application pursuant to section 4313(1) of the Act for an order varying or discharging an order made under section 43A shall be preceded by the issue of a notice of application in the Form 84.53C, Schedule C. A copy of the notice of application shall, to the extent possible, be served upon each of the persons referred to in section 4313(1)(a) to (e) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 84.53D, Schedule C and the applicant shall cause the said order to be served upon each of the respondents and upon any other person directly affected by the Order."

5. The Forms numbered 84.53A to 84.53D inclusive in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 (S.I. No. 93 of 1997).