Child Care Proceedings

An emergency protection order is designed to provide short-term emergency cover; it may be applied for by any person, but is generally applied for by a trust. The order may be granted when there is reasonable cause to suspect the child is likely to suffer significant harm unless moved or is likely to remain in a safe place. In the case of obstruction, it must be shown that they are being impeded in the exercise of their function.

An emergency protection order lasts for eight days only but may be extended once; the order gives parental responsibility to the person named during the term of the order, giving them the ability to make parental-type decisions.

The emergency protection orders may be made by way of a one-sided application. The court may make directions in relation to parental acts that may require that the child be physically or medically examined.

A child assessment order provides for the assessment of a child, the review to determine whether he or she is suffering harm. It may be appropriate where there is no immediate risk, but where parents or guardians have refused to cooperate with social services. A child assessment order may last up to 7 days. Only a trust may apply for a CAO.

If a police officer has reasonable cause to believe a child may otherwise suffer significant harm, he may remove the child to suitable accommodation. The so-called police protection lasts for up to 72 hours. A court application is not necessary.

Once the child is brought into police protection, the police must ensure the child’s circumstances are inquired into by a designated officer. The officer must release a child if he is not, on completion of the enquiry, found to have reasonable cause to believe the child is likely to suffer from significant harm.

A secure accommodation order permits the detention of a child in a locked or closed facility. It is only available where the child has a history of absconding from care placement or is in danger of causing significant harm to him or herself.

Trusts may detain a child in secure accommodation if the above circumstances apply without a court order for up to 72 hours; after that period, a court order is necessary.

A court order for secure accommodation placement may not last more than three months, but may be renewed for periods of up to six months at a time. The applicant must, insofar as practicable, give notice to the child’s parents and others with parental responsibility and certain other parties. Secure accommodation orders are not criminal sanctions, and proceedings for them are not criminal proceedings.

The court may make a recovery order if a child has been unlawfully removed from the person in whose custody he lawfully was. The order may be made if the child is missing, has run away from the person to whose care he has been designated.

Only a designated police officer with parental responsibility and under a care order or an emergency protection order may apply for a recovery order. The order directs the person who has custody to produce the child. It may require other persons to provide information to disclose it to the police.

An interim care or supervision order may be made; when an investigation is ordered, there must be reasonable grounds for believing that the above-mentioned threshold conditions have been met. The interim orders may last up to eight weeks with a four-week renewal and such subsequent renewals as the court deems appropriate. Medical and physical examinations can be ordered.

A family assistance order orders a suitably qualified person to advise, assist, and, where appropriate, defend a named person. This may occur in the course of normal private family proceedings where the court considers that the child could benefit from the involvement of social services; the consent of all the relevant parties except the children is required, and the circumstances must be exceptional.

The principal orders in Child Care Proceedings are care orders or supervision orders. The above-mentioned threshold for intervention is identical in both cases. If an application is made, the court may decide of its own motion to grant the other order.

A trust acquires parental responsibility for a child subject to a care order. A care order may last until the child attains 16.

A supervision order lasts for a year with the possibility of subsequent extensions for up to three years. Before making that order, the court must be satisfied that there are appropriate arrangements in place to care for the child. These will be provided in the trust’s care plan.

A care and supervision order requires that a child has suffered or is likely to suffer significant harm. The order gives parental responsibility to the trust. The child may be removed from its home and placed in care generally with foster parents.

The order does not extinguish the parental responsibility of parents and others. However, during the care order, they are not able to exercise parental responsibility, and the trust will determine the extent to which the persons with parental responsibility may exercise such a role. The parents will generally be allowed to remain in contact with the child, and the trust is obliged to ensure contact continues.

A supervision order obliges the trust to advise, assist, defend, and supervise the child. The same threshold conditions apply as in respect of a care order. If the order is not working appropriately, it is obliged to vary or discharge it.

A supervision order does not grant parental responsibilities. If a supervision order cannot be enforced, it is necessary for the trust to seek a further order to vary or discharge it and seek a substitute order.

The supervision order permits the trust to issue directions regarding issues concerning the child’s direction, place of residence, and involvement in programs if medical or psychiatric treatment is required.

Care and supervision orders may be varied. The application may be made by the trust, parents, or others with parental responsibility or the child.

An education supervision order may be made where the child has not been properly educated. Proper education means full-time education suitable for the child’s needs, aptitudes, and ability or any special educational need.

The order places the child under the supervision of the Education and Library Board for a period of a year; this may be extended for three years.

The supervisor must advise, assist, defend, and give directions to the child and its parents so that it is secure that he is properly educated.

It is an offence for parents to fail to comply with the requirements and directions of the supervising officer on a consistent basis. If the child is the one responsible for non-compliance, the parents must inform the trust and request them to investigate the position.

It is a condition of the making of a care order and supervision order that the threshold conditions are met. The threshold conditions are that the child is suffering or likely to suffer from significant harm and that the harm or the likelihood of harm is attributable to the care given to the child are likely to be given if the order were not made, not being it is reasonable to expect a parent to give them or being attributable to the child being beyond parental control.

Harm is ill-treatment or the impairment of health or development, and its purpose is to be expected of a similar child. The position must be proved on the balance of probability. It must be shown that it is more likely than not that the above is the position.

The likelihood must be real and substantial. It is not the question of being more likely than not.

A care plan is required when an application is made for a care order. Generally, a care plan is required for every child being looked after by social services.

The care plan is decided at the Child Protection Case Conference. The plan may be reviewed under a so-called looked after children review.

A child may remain with his parents or other carers with support from social services. He may be cared for a period before returning to his family.

The child may be supported or permitted to live independently. Plans may be made for the adoption of the child.

The fundamental principle is that the child should be returned to his parents in the future if at all possible. Procedural fairness is required in relation to parents in formulating a care plan; guidelines are published in relation to best practices.

Alternative contingent planning may be undertaken. A court will make an order on the basis if the care plan provided is satisfied with it. The court must be satisfied that threshold criteria applied.

Formerly the courts used the mechanism of wardship to deal with certain child care matters. This is now largely redundant.