Court Rules

1. These rules may be cited as the District Court (Children) Rules 2006.

2. These rules shall come into operation on the 7th day of February 2006 and shall be read together with all other District Court rules for the time being in force.

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

(i) the substitution for rules 1 and 2 thereof of the following rules:

“1. In this Order:

“the Act” means the Child Care Act 1991 (No. 17 of 1991);

“the Act of 2001” means the Children Act 2001 (No. 24 of 2001);

“child” means a person under the age of eighteen year other than a person who is or has been married;

“Executive” means the Health Service Executive established by section 6 of the Health Act 2004 (No. 42 of 2004);

“parents” has the meaning assigned to it by section 2(1) of the Act.

2. (1) Proceedings under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part 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 or her discretion may allow, shall be permitted to be present at the hearing.

(2) The Judge may, if he or she thinks it proper to do so, order any witness who is not a party to the proceedings to leave the court either until his or her evidence is required or after his or her evidence has been given.

(3) Proceedings in the Court under Part III, Part IV, Part IVA (inserted by the Act of 2001), Part IVB (inserted by the Act of 2001) or Part 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.”

(ii) the substitution for rule 21 thereof of the following rule:

“21. An appeal from an order made by the Court under Part IV or Part IVA (inserted by section 16 of the Act of 2001) 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”.

(iii) the insertion immediately after rule 21 of the following rules:

“Proceedings under Part IV A of the Act (as inserted by section 16 of the Children Act 2001)

21A. (1) An application by the Executive under section 23B (1) of the Act for a special care order shall be preceded by the issue and service of a notice in the Form 84.40A, Schedule C 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. A special care order made on such application shall be in the Form 84.40B, 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.

(2) An application by the Executive under section 23B (4)(b) of the Act for an extension of the period of a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) hereof of a notice in the Form 84.40C, Schedule C. An order granting such an extension shall be in the Form 84.40D, Schedule C and may be endorsed upon the special care order.

(3) An application by the Executive under section 23B (5) of the Act for an order discharging a special care order shall, except where the Judge otherwise directs, be preceded by the issue and service upon the respondent prescribed in sub-rule (1) of a notice in the Form 84.40E, Schedule C.

(4) Except in a case where the Judge otherwise directs under Section 23C (3) of the Act, an application by the Executive under section 23C (1) of the Act for an interim special care order shall be preceded by the issue and service of a notice in the Form 84.40F, Schedule C 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 special care order made on such application shall be in the Form 84.40G, 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.

(5) An application by a person specified in section 23C (2)(b) of the Act for an extension of the period of an interim special care order shall, except where the Judge has otherwise directed under section 23C (3), be preceded by the issue and service on the respondent referred to in sub-rule (4) hereof (or, as the case may be, on the Executive) of a notice in the Form 84.40H Schedule C. The order granting the extension shall be in the Form 84.40I, Schedule C and may be endorsed upon the interim special care order.

(6) An application under section 18 (6) of the Act (as applied to special care orders by section 23B(8) of the Act) for the Court’s directions pending the determination of an application for a special care order shall be made in the manner prescribed by rule 13 of this Order. Such application shall be in the Form 84.19, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.20, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(7) An application under section 18 (6) of the Act (as applied to special care orders by section 23B(8) of the Act) for a supervision order pending the determination of an application for a special care order shall be made in the manner prescribed by rule 14 of this Order. Such application shall be in the Form 84.21, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.22, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(8) Where, in addition to making a special care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of the child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23, Schedule C, modified as appropriate, and shall be served by the Executive upon the said parent or parents.

(9) An application under section 18 (8) of the Act (as applied to special care orders by section 23B (8) of the Act) to vary or discharge a contribution order shall be made in the manner prescribed by rule 15(2) of this Order. Such application shall be in the Form 84.24, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.25, Schedule C, modified as appropriate, and shall be served upon the parent required to contribute.

(10) Unless made viva voce at the hearing of another application made in accordance with this Order in respect of the child, an application -

(a) by any person under section 23F (1) of the Act to vary or discharge a special care order or

(b) by the Executive under section 23F (1) and section 23F (2) of the Act to discharge a special care order and make a supervision order in respect of the child, or to discharge a special care order and make a care order in respect of the child

shall be preceded by the issue and service in the Form 84.40J, 84.40K or 84.40L, Schedule C, 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 84.40M, 84.40N or 84.40O Schedule C, as the case may be, and shall be served upon the respondent and upon any other person directly affected by the order.

(11) An application under section 13 (7)(a) of the Act (as applied to interim special care orders by section 23C (4) of the Act) for directions shall be made in the manner prescribed by rule 7(1) of this Order. Such application shall be in the Form 84.6, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.7, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

(12) An application under section 13 (7)(b) of the Act (as applied to interim special care orders by section 23C (4) of the Act) to vary or discharge a direction shall be made in the manner prescribed by rule 7(2) of this Order. Such application shall be in the Form 84.8, Schedule C, modified as appropriate and an order made on such application shall be in the Form 84.9, Schedule C, modified as appropriate, and shall be served upon each party and upon any other person affected directly by the order.

 

Proceedings under Part IV B of the Act (as inserted by section 16 of the Children Act 2001)

21B. (1) An application for the issue of a warrant under section 23T (2) of the Act of 1991 shall be made to a Judge of the District Court assigned to and sitting in the District Court District wherein are situated the premises in which it is believed the child may be residing. Such application shall be by the information on oath and in writing in the Form 84.40P of an authorised officer appointed by the Executive under section 23S (1) of the Act of 1991. A warrant issued on foot of such information shall be in the Form 84.40Q, Schedule C.

(2) An application for an order under section 23U of the Act of 1991 shall be preceded by the issue and service upon the person mentioned in paragraphs (a) and (b) of section 23U of the said Act of a notice in the Form 84.40R, Schedule C. Such notice shall be served at least two days prior to the date fixed for hearing the application. Where the Court on such application makes an order referred to in paragraph (iii) of section 23U, such order shall be in the Form 84.40S, Schedule C. Where the Court on such application makes an order referred to in paragraph (i) or paragraph (ii) of section 23U, such order shall be (as the case may be) in the Form 84.4, 84.11, 84.15 or 84.18, Schedule C, modified as appropriate.”

 

4. The Forms numbered 84.40A to 84.40S 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).

5. The Forms numbered 84.41 to 84.43 inclusive in Schedule 2 hereof shall be substituted for the Forms bearing those numbers in Schedule C of the District Court Rules, 1997 (S.I. No. 93 of 1997).

6. In each of the Forms numbered 84.1 to 84.40 inclusive and 84.44 to 84.67 inclusive in Schedule C of the District Court Rules, 1997 (S.I. No. 93 of 1997), the words “Judge of the Children Court” shall be substituted for the words the “Judge of the District Court” wherever those words appear.

7. For the avoidance of doubt, any and every reference in Order 84 of the District Court Rules, 1997 (S.I. No. 93 of 1997) and in any of the Forms numbered 84.1 to 84.67 inclusive in Schedule C to a health board shall be and be deemed to be a reference to the Executive, as defined in rule 1 of the said Order 84 as substituted by these Rules.