PART 2

Family Welfare Conferences

7. —(1) Where—

(a) a health board receives a direction from the Children Court under section 77 to convene a family welfare conference in respect of a child, or

(b) it appears to a health board that a child who resides or is found in its area may require special care or protection which the child is unlikely to receive unless a court makes an order in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991,

the health board shall appoint a person (in this Part referred to as a “coordinator”) to convene on its behalf a family welfare conference in respect of the child.

(2) The coordinator shall act as chairperson of a family welfare conference.

(3) A health board may direct that a family welfare conference shall consider such matters in relation to the child as the health board considers appropriate.

8. —(1) A family welfare conference shall—

(a) decide if a child in respect of whom the conference is being convened is in need of special care or protection which the child is unlikely to receive unless an order is made in respect of him or her under Part IVA (inserted by this Act) of the Act of 1991,

(b) if it decides that the child is in such need, recommend to the health board concerned that it should apply for an order under that Part, and

(c) if it does not so decide, make such recommendations to the health board concerned in relation to the care or protection of the child as the conference considers necessary, including, where appropriate, a recommendation that the health board should apply for a care order or a supervision order under the Act of 1991 in respect of the child.

(2) Any recommendations made by a family welfare conference shall be agreed unanimously by those present at the conference, unless the disagreement of any person present is regarded by the coordinator as unreasonable, in which case the coordinator may dispense with that person's agreement.

(3) Where any such recommendations are not agreed unanimously (disregarding any disagreement mentioned in subsection (2)), the matter shall be referred to the health board for determination.

9. —(1) The following persons shall be entitled to attend a family welfare conference—

(a) the child in respect of whom the conference is being convened,

(b) the parents or guardian of the child,

(c) any guardian ad litem appointed for the child,

(d) such other relatives of the child as may be determined by the coordinator, after consultation with the child and the child's parents or guardian,

(e) an officer or officers of the health board concerned,

(f) any other person who, in the opinion of the coordinator, after consultation with the child and his or her parents or guardian, would make a positive contribution to the conference because of the person's knowledge of the child or the child's family or because of his or her particular expertise.

(2) If, before or during a family welfare conference, the coordinator is of opinion that the presence or continued presence of any person is not in the best interests of the conference or the child, the coordinator may exclude that person from participation or further participation in the conference.

(3) The coordinator shall take all reasonable steps to ensure that notice of the time, date and place of a family welfare conference is given to every person who is entitled to attend.

(4) Failure to notify any person entitled to attend a family welfare conference, or failure of any such person to attend it, shall not invalidate its proceedings.

10. —(1) Subject to the provisions of this Part or any regulations under section 15 , a family welfare conference may regulate its procedure in such manner as it thinks fit.

(2) Subject to any direction of the Children Court pursuant to section 77 , a family welfare conference may be adjourned to a time and place to be determined by it.

(3) The coordinator of a family welfare conference shall ensure, as far as practicable, that any information and advice required by the conference to carry out its functions are made available to it.

11. —A health board shall provide, or arrange for the provision of such administrative services as may be necessary to enable a family welfare conference to discharge its functions.

12. —The coordinator of a family welfare conference shall notify the following persons or bodies in writing of any recommendations of the conference:

(a) the child in respect of whom the conference was convened,

(b) the parents or guardian of the child,

(c) any guardian ad litem appointed for the child,

(d) any other persons who attended the conference,

(e) the health board concerned,

(f) if the child was referred to the health board by another body, that body, and

(g) any other body or persons who should, in the coordinator's opinion, be so notified.

13. —(1) On receipt of the recommendations of a family welfare conference, the health board concerned may—

(a) apply for an order under Part IVA (inserted by this Act) of the Act of 1991,

(b) apply for a care order or a supervision order under that Act, or

(c) provide any service or assistance for the child or his or her family as it considers appropriate, having regard to the recommendations of the conference.

(2) Where a family welfare conference has been convened following a direction of the Children Court under section 77 , the health board shall communicate with that Court in accordance with subsection (2) of that section.

14. —(1) No evidence shall be admissible in any court of any information, statement or admission disclosed or made in the course of a family welfare conference.

(2) Subsection (1) does not apply to a record of decisions or recommendations of a family welfare conference.

(3) Section 51 shall apply, with the necessary modifications, in relation to publication of proceedings at a family welfare conference and the protection of the identity of a child in respect of whom such a conference is being held.

15. —The Minister for Health and Children may make regulations prescribing any or all of the following matters:

(a) the arrangements for convening a family welfare conference and the appointment and role of the coordinator,

(b) subject to section 9 , the categories of persons who shall be entitled to attend such a conference and the conditions under which a person or category of persons may so attend, and

(c) the arrangements for notifying any other body or person of any recommendations of such a conference,

or for the purposes of enabling any provision of this Part to have full effect and for its due administration.