This form is used to apply for a Special Care Order under Section 23B of the Child Care Act 1991 as amended by the Children Act 2001. It's used when a court needs to make orders for the care and protection of a child who may be at risk or in need of special care.
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This form is used to apply for a Special Care Order under Section 23B of the Child Care Act 1991 as amended by the Children Act 2001. It's used when a court needs to make orders for the care and protection of a child who may be at risk or in need of special care.
Plain English
This form helps the court decide if a child needs special care and protection. It's used when a child might be at risk and needs court-ordered care to keep them safe.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Emergency protection situation | Form 84.40A Emergency Care Order | For immediate protection needs with shorter timeframes | Check urgency level before proceeding |
| Care order application | Form 84.40 Care Order - Child Care Act 1991, Section 18 | For standard care orders without special care requirements | Assess if special care provisions apply |
| Interim care order | Form 84.40C Interim Care Order | When a decision is pending but immediate care is needed | Determine if temporary or permanent order is appropriate |
| Supervision order | Form 84.41 Supervision Order - Child Care Act 1991, Section 25 | For less intrusive supervision measures | Evaluate if supervision is sufficient or if care order needed |
Applications for Special Care Orders should be filed as soon as the need is identified, as there may be time-sensitive aspects to the child's protection needs.
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This form is current as of the Children Act 2001 amendments, but always check the Courts Service website for the most recent version before use.
Agency: Courts Service of Ireland
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Form 84.40B – Special Care Order - Child Care Act 1991, Section 23 B (As Inserted By Section 16 Of The Children Act, 2001)
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7 things to watch for
Confusing Special Care Orders with standard Care Orders
Uncertainty about which court has jurisdiction
Misunderstanding the grounds for a Special Care Order
Confusion about time limits and procedures
Not understanding the role of different parties in the process
Uncertainty about required supporting documentation
Misunderstanding the difference between emergency and standard applications
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