Oireachtas Joint and Select Committees

Wednesday, 6 November 2019

Joint Oireachtas Committee on Children and Youth Affairs

Discussion with CEO of Tusla on Future Developments and Update on Childcare Facilities

Mr. Bernard Gloster:

I understand the Deputy's question now. This relates to the principal statute and purpose of voluntary consent.

It is the consent of the parent, and the parent remains the legal guardian of the child at all times. There was a case in the High Court two weeks ago where the judge quite correctly articulated to the parent in a voluntary care construct that they could end that at any time, as in, within days. On the duration of that voluntary care, I have seen situations where parents have consented to voluntary care and it has been essentially a long-term plan. It depends on what the plan is around the child's needs, the parents' challenges and how they can meet them. The fundamental principle in law is that voluntary consent can be withdrawn at any time.

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