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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)

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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Form Overview

Form 84.40B – Special Care Order - Child Care Act 1991, Section 23 B (As Inserted By Section 16 Of The Children Act, 2001)

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.

The form captures information about the child's circumstances, risks they may face, and reasons why a Special Care Order is being sought.

Risk Radar

  • Incomplete information about the child's current situation and risks may delay the court's decision.
  • Incomplete information about the child's circumstances
  • Missing supporting documentation
  • Incorrect legal references
  • Failure to notify all relevant parties

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

  • 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.
  • 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 this form specifically for seeking a Special Care Order under Section 23B
  • When a child needs court-ordered protection due to risk of harm
  • When other care options have been considered but are insufficient
  • When a child's welfare requires immediate court intervention
  • When following a social services assessment of the child's situation

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Emergency protection situationForm 84.40A Emergency Care OrderFor immediate protection needs with shorter timeframesCheck urgency level before proceeding
Care order applicationForm 84.40 Care Order - Child Care Act 1991, Section 18For standard care orders without special care requirementsAssess if special care provisions apply
Interim care orderForm 84.40C Interim Care OrderWhen a decision is pending but immediate care is neededDetermine if temporary or permanent order is appropriate
Supervision orderForm 84.41 Supervision Order - Child Care Act 1991, Section 25For less intrusive supervision measuresEvaluate if supervision is sufficient or if care order needed

Deadline or filing window

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.

Before you submit

  • All sections completed fully and accurately
  • Supporting documentation attached
  • Correct court location identified
  • Filing fee paid if required
  • Copies made for personal records
  • All parties properly notified
  • Court hearing date confirmed

How to file this form

  1. 1Obtain the correct Form 84.40B from the Courts Service website or court office
  2. 2Complete all sections with detailed information about the child's situation
  3. 3Gather relevant reports and assessments supporting the need for a Special Care Order
  4. 4Submit the completed form to the appropriate court office
  5. 5Attend any scheduled court hearings
  6. 6Follow up with the court clerk to confirm receipt

Known limitations

  • This form only applies to Special Care Order applications under Section 23B
  • The court must be satisfied that the child's welfare requires special care
  • The form doesn't replace the need for legal advice
  • Digital filing options may be limited depending on the court
  • The form may need to be adapted for specific regional court requirements

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Current Form Status

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

What changed or needs a fresh check

  • Verify the form references the current Children Act 2001 amendments
  • Check if recent court rule changes affect this form
  • Confirm if updated guidance notes are available
  • Ensure all contact information for court offices is current
  • Check if digital filing options are now available

Quick Facts

Social workers, guardians, or legal representatives typically submit this form to the court when seeking a Special Care Order for a child.
The form captures information about the child's circumstances, risks they may face, and reasons why a Special Care Order is being sought.
This form should be submitted when a child is believed to be at risk and requires court-ordered protection, typically following an assessment by social services.
The form is submitted to the relevant District Court or Family Court dealing with child care proceedings, either in person at the courthouse or by mail as directed by the court.
Submitting correctly ensures the court has all necessary information to make proper decisions about the child's care and protection. Errors or delays could affect the child's safety and legal rights.
Complete all sections with accurate information about the child's situation. Attach any relevant reports or assessments. Submit to the court office with the required filing fee, if applicable, and keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
18/10/25

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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After you file

  • Monitor court communications for hearing dates
  • Prepare for court appearances with all necessary documentation
  • Keep records of all communications with the court
  • Follow up on the court's decision
  • Comply with any court-ordered requirements
  • Maintain regular contact with social services involved in the case

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Child Care Act 1991 as amended by Children Act 2001
  • Related to Section 23B of the legislation
  • Used for Special Care Order applications
  • Not confirmed in official source: specific filing procedures
  • Not confirmed in official source: current processing times
  • Not confirmed in official source: exact fee requirements

Common confusion points

7 things to watch for

  • 1

    Confusing Special Care Orders with standard Care Orders

  • 2

    Uncertainty about which court has jurisdiction

  • 3

    Misunderstanding the grounds for a Special Care Order

  • 4

    Confusion about time limits and procedures

  • 5

    Not understanding the role of different parties in the process

  • 6

    Uncertainty about required supporting documentation

  • 7

    Misunderstanding the difference between emergency and standard applications

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