children act 2001children act 2001 ‘special care unit’ means premises, or a part of premises,...

ACJRD/Barnardos

Juvenile Justice: Criminal and Welfare Concerns 2001 – 2011

Geoffrey ShannonCamden Court Hotel

8 November 2011

• Children Act 2001Children Act 2001

‘ ‘special care unit’ means premises, or a special care unit’ means premises, or a part of premises, comprising secure part of premises, comprising secure residential accommodation in which a residential accommodation in which a child, in respect of whom a special care child, in respect of whom a special care order or an interim special care order has order or an interim special care order has been made, is detained for the purpose of been made, is detained for the purpose of the provision to that child of special care the provision to that child of special care and includes accommodation and facilities and includes accommodation and facilities required for the provision of special care;required for the provision of special care;

• S.23BS.23B

• High CourtHigh Court

Criteria for a special care orderCriteria for a special care order• the child has attained the age of 11 years;the child has attained the age of 11 years;• the behaviour of the child poses a real risk;the behaviour of the child poses a real risk;• other care provisions do not adequately address the other care provisions do not adequately address the

child’s needs;child’s needs;• the child requires a level of care that can only be the child requires a level of care that can only be

provided with a Special Care order;provided with a Special Care order;• consultations have been carried out with relevant parties;consultations have been carried out with relevant parties;• a family welfare conference has been convened if a family welfare conference has been convened if

necessary S.23F(6);necessary S.23F(6);• the child requires special care for the purposes of their the child requires special care for the purposes of their

welfare;welfare;• it is in the best interests of the child. it is in the best interests of the child.

• The interaction of Special Care procedings The interaction of Special Care procedings and criminal procedingsand criminal procedings

• Child charged with an offenceChild charged with an offence• Child charged with offence during period Child charged with offence during period

order has effectorder has effect• Child remanded in custodyChild remanded in custody• Where custodial sentence imposedWhere custodial sentence imposed

• NoticeNotice

- parent having custody of parent having custody of the childthe child

- person acting in person acting in loco loco parentisparentis

- guardian guardian ad litemad litem-- where HSE considerswhere HSE considers

appropriate relative of appropriate relative of childchild

- Garda SGarda Síochánaíochána

• 3 months3 months

ReviewReview• each 4 week periodeach 4 week period• maximum two maximum two

applications to extendapplications to extend• directions hearingsdirections hearings

• Interim special care order before Interim special care order before determinationdetermination

• Interim special care order – 14 daysInterim special care order – 14 days

• Interim special care order Interim special care order ex-parteex-parte – 8 – 8 daysdays

• Failure to find a child within Failure to find a child within 3 days3 days

• AppealAppeal

• Functions of the HSEFunctions of the HSE

Discharge and VariationDischarge and Variation

• HSE GuidelinesHSE Guidelines– admission and discharge from special careadmission and discharge from special care– abscondingabsconding– aftercare servicesaftercare services

Guardian Guardian ad litemad litem

AftercareAftercare

- court may give directions court may give directions relating to service of relating to service of documentsdocuments

- role of guardian role of guardian ad litemad litem - may appoint a solicitor and may appoint a solicitor and

counselcounsel- HSE only obliged to pay HSE only obliged to pay

costs reasonably incurredcosts reasonably incurred- absence of statutory absence of statutory

guidelinesguidelines

Voice of the ChildVoice of the Child

Dissolution of Children Acts AdvisoryDissolution of Children Acts AdvisoryBoardBoard

• Interagency CooperationInteragency Cooperation