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

Form 84.40A is a formal notice used when applying for a Special Care Order under Irish child protection law. It's required when seeking court authorization to place a child in special care due to welfare concerns.

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Form Overview

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

Form 84.40A is a formal notice used when applying for a Special Care Order under Irish child protection law. It's required when seeking court authorization to place a child in special care due to welfare concerns.

The form captures information about the child, the reasons for seeking the order, and details about the proposed special care arrangements.

Risk Radar

  • Incomplete or inaccurate information about the child's immediate safety needs can cause significant delays.
  • Incomplete information may delay the court process
  • Missing supporting evidence could weaken the application
  • Incorrect legal references might invalidate the notice
  • Failure to notify all parties properly

Plain English

This form tells the court that someone wants to get a Special Care Order for a child. A Special Care Order is when a child needs special protection and care that their parents can't provide.

Submission Date

  • There is no fixed deadline, but the form should be submitted as soon as possible once a child is assessed as needing special care.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use when seeking a Special Care Order for a child in need of protection
  • Required for applications under Section 23B of the Child Care Act
  • Not for emergency protection orders - use Form 84.40 for those
  • Different from care orders under Section 18 of the Child Care Act

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Emergency protection neededForm 84.40Different legal basis and faster processCheck if immediate danger exists
Standard care order applicationForm 84.36Different legal threshold and processConfirm which order type is appropriate
Appealing a care order decisionForm 84.48Different process and timeframesVerify if this is an appeal or initial application
Seeking access rightsForm 84.42Addresses different legal issuesDetermine if access or care is the primary concern

Deadline or filing window

There is no fixed deadline, but the form should be submitted as soon as possible once a child is assessed as needing special care.

Before you submit

  • All sections completed with accurate information
  • Supporting evidence attached
  • Correct court location identified
  • All relevant parties notified
  • Form signed by authorized person
  • Copy retained for records

How to file this form

  1. 1Complete all sections of the form with accurate information
  2. 2Gather supporting evidence about the child's welfare needs
  3. 3Submit to the appropriate District Court office
  4. 4Ensure all parties receive proper notification
  5. 5Attend any required court hearings
  6. 6Keep copies of all submitted documents

Known limitations

  • This form alone does not guarantee the court will grant the Special Care Order
  • The court may request additional information or assessments
  • Timeframes for court decisions can vary significantly
  • Legal representation may be necessary for complex cases

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Current Form Status

This form is current under the Child Care Act 1991 as amended by the Children Act 2001. Always verify the latest version with the Courts Service.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Confirm the form includes the latest amendments from the Children Act 2001
  • Check that all references to legal sections are current
  • Verify that the form number matches the latest version from the Courts Service
  • Ensure contact information for the Courts Service is up to date

Quick Facts

Social workers, health board officials, or other authorized persons involved in child protection cases may need to file this form.
The form captures information about the child, the reasons for seeking the order, and details about the proposed special care arrangements.
Submit this form as soon as possible when a child is assessed as needing special care that cannot be provided within their family home.
File this form with the relevant District Court office handling child care cases, typically in person or by post.
Submitting correctly ensures the court has all necessary information to make decisions about the child's welfare and safety.
Complete all sections with accurate information about the child and the reasons for seeking the order. Attach supporting evidence and submit to the appropriate court office.

Form Details

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

Form 84.40A – Notice Of Application For A Special Care Order - Child Care Act 1991, Section 23B (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 possible court hearings
  • Maintain records of all interactions with the court
  • Follow up on any additional information requests
  • Seek legal advice if the application is contested

Source and verification log

  • Form number: 84.40A confirmed from Courts Service
  • Legal basis: Child Care Act 1991, Section 23B (as inserted by Children Act 2001)
  • Issuing agency: Courts Service of Ireland
  • Purpose: Application for Special Care Order
  • Specific procedures: not confirmed in official source
  • Current version status: not confirmed in official source
  • Required supporting documents: not confirmed in official source
  • Processing timeframes: not confirmed in official source

Common confusion points

6 things to watch for

  • 1

    Confusing Special Care Orders with standard care orders

  • 2

    Unclear about who has authority to submit the form

  • 3

    Not understanding the legal threshold for a Special Care Order

  • 4

    Difficulty identifying the correct court location

  • 5

    Uncertain about what supporting evidence is required

  • 6

    Confusion about notification requirements for all parties

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