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Law Year 2 Semester 2 > Care Orders > Flashcards

Flashcards in Care Orders Deck (6)
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What is a care order? (2)

1) A care order places a child in the care of the Health Service Executive (HSE) either temporarily or permanently
2) A care order is the last resort in relation to the child as it is mainly advised to keep the child in the family home while supporting the family whenever able to do so.


Who may apply for a care order? (3)

1) Section 16 of the 1991 child care act states that the responsibility is placed onto the HSE to apply for a care order, if it appears that the child is not getting significant care and respect to function fully to grow to their full potential.
2) Although the HSE have the decision to appeal for a care order if it is subjected to judicial review.
3) The local authorities have a duty to ensure appropriate measures are taken to protect the child which is at risk.


Grounds for making a care order: (3)

Section 18 (1) of 1991 act says a court may make a care order when:
(A) The child is been or has been assaulted, I'll-treated, neglected or sexually abused.
(B) The child's health, development or welfare has been or is been avoidably impaired or neglected.
(C) The child's health, development or welfare is likely to be avoidably impaired or neglected in the future.


Who will make the decision as to if a care order is granted? (3)

(A) The HSE is the first port of call in regards to granting a care order.
(B) Decision is made by a judge.
(C) While the process is being processed the court may grant an interim care order when the child may be placed in foster card or residential care.


How long do care orders last? (2)

- As long as the child remains under the age of 18, it is cancelled on the eve of their 18th birthday.
- May be a shorter period of time however if the family have resolved problems or if the social worker feels it fit to remove the care order and bring the child back to the home.


Cases- (9)

1) Rk & Ak vs United Kingdom 2008.
2) Very young child has a serious and unexplained fractured leg.
3) After a doctors report it stated that the broken leg was not accidental.
4) The child was placed into the care of aunt.
5) While there suffered another broken bone.
6) Then diagnosed with brittle bone disease.
7) Returned to parents.
8) Parents broken United Kingdom health board up before the court.
9) Court was however satisfied that the local authorities were not failing the family or child but however doing what they felt to be in the best interests of the child.