Official form guide
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
Courts Service of Ireland - 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.
Risk Radar
Scan points- 1Incomplete information about the child's current situation and risks may delay the court's decision.
- 2Incomplete information about the child's circumstances
- 3Missing supporting documentation
- 4Incorrect legal references
- 5Failure 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
- Filing 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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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
Form selector
Use this form or another form?
Emergency protection situation
For immediate protection needs with shorter timeframes
✓ Check urgency level before proceeding
Care order application
For standard care orders without special care requirements
✓ Assess if special care provisions apply
Form 84.40 Care Order - Child Care Act 1991, Section 18
Interim care order
When a decision is pending but immediate care is needed
✓ Determine if temporary or permanent order is appropriate
Supervision order
For less intrusive supervision measures
✓ Evaluate if supervision is sufficient or if care order needed
Form 84.41 Supervision Order - Child Care Act 1991, Section 25
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
- 1All sections completed fully and accurately
- 2Supporting documentation attached
- 3Correct court location identified
- 4Filing fee paid if required
- 5Copies made for personal records
- 6All parties properly notified
- 7Court hearing date confirmed
How to file this form
- 1Obtain the correct Form 84.40B from the Courts Service website or court office
- 2Complete all sections with detailed information about the child's situation
- 3Gather relevant reports and assessments supporting the need for a Special Care Order
- 4Submit the completed form to the appropriate court office
- 5Attend any scheduled court hearings
- 6Follow up with the court clerk to confirm receipt
Known limitations
- 1This form only applies to Special Care Order applications under Section 23B
- 2The court must be satisfied that the child's welfare requires special care
- 3The form doesn't replace the need for legal advice
- 4Digital filing options may be limited depending on the court
- 5The form may need to be adapted for specific regional court requirements
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->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.
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
Form Details
- Revision date
- 18/10/25
Downloads & source
Sources
- SRCForm issued by Courts Service of Ireland
- SRCBased on Child Care Act 1991 as amended by Children Act 2001
- SRCRelated to Section 23B of the legislation
- SRCUsed for Special Care Order applications
- SRCNot confirmed in official source: specific filing procedures
- SRCNot confirmed in official source: current processing times
- SRCNot confirmed in official source: exact fee requirements
Common confusion points
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
Source transparency
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