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Form 84.58 – Search Warrant (Under Section 46 (6) Of The Act) - Child Care Act, 1991

Form 84.58 is a Search Warrant application form used under Section 46(6) of the Child Care Act, 1991. It is used when authorities need to obtain a warrant to search premises in connection with child protection matters.

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Form Overview

Form 84.58 – Search Warrant (Under Section 46 (6) Of The Act) - Child Care Act, 1991

Form 84.58 is a Search Warrant application form used under Section 46(6) of the Child Care Act, 1991. It is used when authorities need to obtain a warrant to search premises in connection with child protection matters.

The form captures information about the location to be searched, the grounds for believing a child may be at risk, and details supporting the need for a warrant.

Risk Radar

  • Missing specific details about why the child is at immediate risk can result in warrant denial.
  • Incomplete information may delay warrant approval
  • Incorrect location details could lead to searching wrong premises
  • Insufficient grounds for concern may result in warrant rejection
  • Missing signatures or authorizations can invalidate the application

Plain English

This form helps officials get legal permission to search a place when they're concerned about a child's safety. It's part of how Ireland's child protection system works to ensure children are safe from harm.

Submission Date

  • This form should be submitted as soon as child safety concerns arise, as delays could put the child at further risk. There is no standard deadline, but urgency is inherent to the child protection context.
  • 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 seeking a search warrant specifically under Section 46(6) of the Child Care Act
  • Only for situations involving child protection concerns
  • When you need immediate access to premises to protect a child
  • When less intrusive methods have failed or are inappropriate
  • When there are reasonable grounds to believe a child is at risk

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Emergency child protection situationForm 84.58Child protection warrant needed immediatelyCheck if situation truly warrants emergency search
Routine child welfare assessmentChild Care Act application formsLess intrusive methods appropriateConsider if warrant is necessary
Criminal investigation with child elementsGarda warrant application proceduresDifferent legal standard appliesEnsure compliance with criminal procedure
International child abduction concernsHague Convention applicationsDifferent legal framework appliesConsult legal advice first
Ongoing supervision caseChild Care Act Section 47 ordersExisting court order may sufficeCheck if existing powers are adequate

Deadline or filing window

This form should be submitted as soon as child safety concerns arise, as delays could put the child at further risk. There is no standard deadline, but urgency is inherent to the child protection context.

Before you submit

  • All sections of the form are completed
  • Specific location details are accurate
  • Clear explanation of child protection concerns
  • Supporting evidence attached if available
  • Authorized signatures present
  • Form is not outdated
  • Correct court jurisdiction identified

How to file this form

  1. 1Gather information about the location and child protection concerns
  2. 2Complete all sections of Form 84.58 accurately
  3. 3Attach any supporting evidence or documentation
  4. 4Obtain necessary authorizations or signatures
  5. 5Submit to the appropriate District Court
  6. 6Attend any required court hearing
  7. 7Execute the warrant once granted

Known limitations

  • The warrant only authorizes search, not removal of the child
  • Scope is limited to premises specified in the warrant
  • Cannot be used for general investigations not related to child protection
  • Must comply with all constitutional protections
  • Judicial approval must be obtained before execution

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Current Form Status

This form is currently in use and reflects the provisions of the Child Care Act, 1991 as amended.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form references current legislation
  • Check that all contact information for courts is up to date
  • Confirm signature requirements haven't changed
  • Ensure grounds for application still align with current interpretation of Section 46(6)
  • Check if digital submission options are now available

Quick Facts

This form is typically completed by authorized officers such as social workers or Gardaí (police) who need to obtain a search warrant for child protection purposes.
The form captures information about the location to be searched, the grounds for believing a child may be at risk, and details supporting the need for a warrant.
This form should be submitted when there are immediate concerns about a child's safety and a search is necessary to protect the child from harm.
The form is submitted to the District Court for judicial approval, typically in person during court hours or through designated court administration channels.
Submitting correctly ensures the warrant is legally valid and can be enforced without delay, which is critical in emergency child protection situations.
Complete all sections with accurate information about the location and reasons for the search. Attach any supporting evidence. Submit to the District Court judge or designated court official for approval.

Form Details

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

Form 84.58 – Search Warrant (Under Section 46 (6) Of The Act) - Child Care Act, 1991

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After you file

  • Keep a copy of the approved warrant
  • Execute the warrant within the timeframe specified
  • Document all actions taken during the search
  • Report findings to the court and relevant authorities
  • Monitor the situation for any developments
  • Prepare for any follow-up court proceedings if needed

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Child Care Act, 1991
  • Specifically references Section 46(6)
  • Purpose is for search warrants in child protection cases
  • Not confirmed in official source: Current digital submission options
  • Not confirmed in official source: Specific time limits for warrant execution
  • Not confirmed in official source: Recent amendments to the form
  • Not confirmed in official source: Exact contact details for submission

Common confusion points

7 things to watch for

  • 1

    Confusing this form with criminal search warrants

  • 2

    Not understanding the specific grounds required under Section 46(6)

  • 3

    Assuming the warrant allows child removal automatically

  • 4

    Mixing up procedures for different child care acts

  • 5

    Not realizing judicial approval is required before execution

  • 6

    Unclear about what constitutes 'immediate risk' to a child

  • 7

    Misunderstanding the scope of what can be searched

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