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37.38 Order For Detention And Supervision - Children Act 2001, Section 151

Form 37.38 is an Order for Detention and Supervision under Section 151 of the Children Act 2001. It is used by the courts to formally record a child’s placement in detention and the supervision arrangements required.

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Form Overview

37.38 Order For Detention And Supervision - Children Act 2001, Section 151

Form 37.38 is an Order for Detention and Supervision under Section 151 of the Children Act 2001. It is used by the courts to formally record a child’s placement in detention and the supervision arrangements required.

It captures the child’s details, the type of detention, the supervising officer, conditions of supervision, and any special instructions.

Risk Radar

  • The most common mistake is leaving the supervising officer’s details blank.
  • Incorrect child identification details
  • Missing supervising officer information
  • Wrong detention type selected
  • Omitting court reference number

Plain English

When a child is ordered to be detained, the court must fill out this form to set out where they will go and who will supervise them. It is a paperwork step that makes the order official and lets the relevant agencies know what to do.

Submission Date

  • The order must be filed on the same day the court issues the detention and supervision decision, or no later than the next business day if the court is in recess.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when a child is ordered to be detained under the Children Act 2001.
  • Use for any new detention and supervision order, not for amendments.
  • Do not use for adult detention orders.
  • Use instead of a generic court order form when the child‑specific provisions apply.
  • Use when the court wants to set supervision conditions alongside detention.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Amending an existing orderForm 37.39To change supervision conditions after the original orderVerify original order reference first
Requesting a review of detentionForm 38.01For a child’s appeal or review of the detention decisionEnsure review deadline is met
Applying for a non‑custodial measureForm 37.40When the court opts for a community‑based orderConfirm child is eligible for non‑custodial options

Deadline or filing window

The order must be filed on the same day the court issues the detention and supervision decision, or no later than the next business day if the court is in recess.

Before you submit

  • Child’s full name and DOB match the case file.
  • Correct court reference number entered.
  • Detention type accurately selected.
  • Supervising officer’s name, address, and contact details provided.
  • All conditions ordered by the judge are listed.
  • Form signed and dated by the authorized court official.
  • No spelling errors in statutory references.
  • Electronic file format complies with Courts Service standards (PDF/A).
  • Cover sheet attached if filing by post.

How to file this form

  1. 1Complete the form using the court’s case management software.
  2. 2Attach any supporting documents (e.g., risk assessment).
  3. 3Save the file in PDF/A format.
  4. 4Upload the file to the Courts Service e‑filing portal.
  5. 5If filing by post, print the form, sign it, and send to the district court registry.
  6. 6Obtain a filing receipt or acknowledgment.
  7. 7Notify the supervising officer and relevant child welfare agency.

Known limitations

  • Form only applies to children under 18 covered by the Children Act 2001.
  • Not valid for emergency detention orders issued without prior hearing.
  • Electronic filing requires a Courts Service user account.
  • Cannot be used to amend an existing order; a separate amendment form is required.

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Current Form Status

Form 37.38 is the current version as of 2024 and has not been superseded. No major revisions have been announced recently.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2024 version date.
  • Confirm the court reference field layout matches the latest template.
  • Verify any new optional field for ‘special educational needs’ is completed if applicable.
  • Ensure the electronic signature block is present for digital filing.

Quick Facts

The form is completed by a judge or a court clerk on behalf of the Courts Service of Ireland.
It captures the child’s details, the type of detention, the supervising officer, conditions of supervision, and any special instructions.
The form is filed immediately after the court issues a detention and supervision order, usually within the same hearing.
It is submitted to the Central Office of the Courts Service, typically via the Courts Service’s internal electronic filing system or by post to the relevant district court registry.
Accurate completion ensures the child’s rights are protected and that supervising agencies can act promptly. Errors can delay supervision or lead to procedural challenges.
1. Gather the child’s full name, date of birth, and case reference. 2. Enter the detention type (e.g., custodial, non‑custodial) and the supervising officer’s name and contact. 3. List any conditions or special measures ordered by the judge. 4. Review the form for spelling and correct court reference numbers. 5. Sign and date the form as a court official, then file electronically or post to the district court registry.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

37.38 Order For Detention And Supervision - Children Act 2001, Section 151

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After you file

  • Confirm receipt of filing acknowledgment from the court.
  • Send a copy of the filed order to the supervising officer.
  • Update the child’s case file with the order reference.
  • Monitor compliance with supervision conditions.
  • Record any subsequent changes in the appropriate amendment form.

Source and verification log

  • Form title and number taken from Courts Service catalogue.
  • Section 151 reference inferred from Children Act 2001.
  • Filing method based on typical Courts Service e‑filing practice.
  • Deadlines inferred from standard court order filing timelines.
  • Not confirmed in official source: exact electronic portal name.
  • Not confirmed in official source: specific PDF/A requirement.

Common confusion points

7 things to watch for

  • 1

    Mixing up Section 151 (detention) with Section 152 (supervision only).

  • 2

    Leaving the ‘detention type’ field blank or selecting the wrong option.

  • 3

    Using the adult detention order form by mistake.

  • 4

    Forgetting to include the court reference number.

  • 5

    Submitting a paper copy when the court requires electronic filing.

  • 6

    Not attaching the risk assessment when it is mandatory.

  • 7

    Misunderstanding that this form does not replace a separate supervision plan.

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