Discharge of children in residential care
The Minister explains who may discharge a child committed by court order, distinguishing parental or court-authorized discharge from a fit person’s custody.
asked the Minister for Health if he will furnish details of the class or classes of persons into whose custody a child placed in residential care by way of court order may be released.
Comment on this
Where a child has been committed to residential care by order of the court under section 58 of the Children Act, 1908, the child may be discharged only to the parent or guardian on the order of the Minister for Education or the court.
Where, however, a child is committed to the care of a "fit person", under section 21 of the Children Act, 1908, then that person has charge of the child as long as the court order remains in force. A "fit person" can include a health board, which would then have control on where the child would be kept.
33.