Care Orders in Ireland

1670 Words7 Pages
------------------------------------------------- the law relating to Care Orders ------------------------------------------------- the law relating to Care Orders INTRODUCTION Irish Constitution: Article 41"1.1: The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law. “1.2: The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State." (Citizens Information: 2012) The Irish Constitution defines the family as the primary unit and as being superior to all positive law. This definition in regards to the law of care orders implies that the family unit is not to be disjointed easily and doing this can only be the very last resort for the court to protect the child’s health, welfare and development. This article is an account on the law that relates to care orders in Ireland. The 1991 Child Care Act regulates the protection by the state of children who are in danger within their family unit. Part IV Section 16 of the Act describes the care proceedings and is viewed as the main body, as it provides the measures to be taken by the health boards and the courts when it is believed that a child is currently at risk and will not receive adequate care unless the HSE and the courts make a care or supervision order (Shannon: 2008). In the essay I will discuss the main points that define the care order under the following subheadings: 1. Accountable Court 2. Potential Applicants 3. Grounds for Application 4. Duration 5. Implications 6. Supervision Order 7. Interim Care Order THE LAW RELATING TO CARE ORDERS WITH REFERENCE TO
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