Oireachtas Joint and Select Committees
Tuesday, 9 May 2023
Joint Committee On Children, Equality, Disability, Integration And Youth
General Scheme of the Child Care (Amendment) Bill 2023: Discussion
Ms Suzanne Connolly:
Barnardos thanks the committee for the opportunity to appear before it today. Barnardos's contribution is informed by our work with children and parents, much of which is commissioned by and delivered in partnership with Tusla. We have also been providing our guardian ad litem, GAL, service for over 25 years. I am joined today by Ms Freda McKittrick, who heads that service. More recently, we have been commissioned to provide a pilot national advocacy and information service for parents of children in care. We are active participants in children and young people's service committees, CYPSCs, across Dublin, the midlands, the south and south east.
We welcome the new guiding principles with their focus on the best interests of children being paramount; the recognition that where appropriate, being brought up in his or her own family is in a child’s best interests; the provision of family support services to assist the effective functioning of families; and the importance of giving due weight to the child’s wishes
On head 4, we recommend the inclusion of the provision and support of contact between children and their parents. Continued contact between children and parents is a key element of maintaining relationships and supporting successful reunification.
On head 7, we welcome the proposed provision of information to parents and children about the purpose, duration, consent processes and obligations of the Child and Family Agency. It is essential that information is provided in accessible language and that it clearly outlines the conditions that must be met for family reunification to take place.
We welcome the proposed use of voluntary care arrangements as a temporary measure until a parent can resume the care of his or her child. We recommend that a maximum term be applied to voluntary arrangements after which a legal order is required for a child to continue in care. The review of a child in voluntary care include formal consideration of how reunification plans are progressing and should identify and provide the services that are needed to successfully return children to their parents' care. We recommend that issues relating to kinship care be included in this head.
On head 9, we welcome the outlined process for consultation with children and young people to inform the CYPSC area plan. We recommend that parents and carers are consulted and that community and voluntary partners continue to be active members of CYPSCs. Lack of community and voluntary sector involvement will result in gaps in expertise on the needs and potential responses to children and their families. There is a risk that the voice of marginalised families will not be sufficiently considered and understood in the plan.
On head 17, where there is an extension of an interim care order, we recommend that the child's social worker should be required to visit the child at least once per month, as opposed to periodically, as is currently outlined.
On head 18, where a decision is made about a care order, we recommend that the court's decision should be given in a child-friendly manner directly to the child or to the child's representative.
On head 19, we recommend that when under a supervision order, it is essential, rather than desirable, for a child to be visited by or on behalf of the Child and Family Agency. We also recommend the inclusion of early years centres alongside schools in (4)(b) as an essential intervention that could be listed as part of a supervision order.
On head 23, we recommend that all legal representatives advising or acting for children shall be Garda vetted and have appropriate training and accreditation. We have concerns about the level of responsibility and potential impact on children of being made party to proceedings. There is an associated endnote to this submission.
On head 25, we welcome the reduction of the period for foster care applications for enhanced rights. We recommend that provision is made for children's views to be taken into consideration in this application and that where a GAL is already appointed to the child, there is a mechanism in place for the GAL to outline the child's views and best interests. Where an application is being contested, consideration should be given to the appointment of a GAL.
It is in children's best interests, where possible, to remain with their families. It is crucial in implementing the proposed reforms set out under the general scheme that an emphasis is placed on the timely delivery of services by the State and the community and voluntary sectors, which support children to remain at home or if children are in care, to return as it is safe to do so. Where this is not possible, care arrangements must provide children with the stability and security they require. Multiple moves within the care system are damaging to children and affect all areas of their well-being. Continued effort needs to be placed on the delivery of stable foster care and residential placements.
The Department, Tusla and the committee are aware of the significant challenges in the recruitment and retention of front-line social workers. These have impacted and will continue to impact upon successful implementation. Adequate resourcing of the community and voluntary sector partner agencies is required to ensure prevention or intervention measures are in place to reduce the likelihood of children needing care and protection from the State, and also to support reunification, where possible, and to minimise the likelihood of children returning to care.
Barnardos welcomes the provisions outlined in this Bill. If it is well resourced and well implemented, it has the potential to positively impact the lives of children and parents in need.