Ms Lara Hynes:

We considered that a lot. Ultimately, we did not include a provision because of concerns about how workable it would be in practice in terms of who would organise the legal advice. Obviously, if it were to be provided by Tusla, there might be a conflict. We know the Legal Aid Board prioritises court proceedings, so we were not quite sure how to include the measure in a way that it could be implemented effectively. That was a concern.

On the provision overall, there are safeguards in that it is required for the first time that there be explicit parental consent and that the parents be given an information booklet by Tusla setting out the purpose of the voluntary care arrangement, the proposed duration, and the obligations of the agency to monitor and review the arrangement. It is a matter of not letting it drift and reviewing it regularly.

Parents are also told about the procedure for withdrawing their consent. With a voluntary care arrangement, the parents can withdraw the consent at any time. The provision introduces a three-day waiting period so that if the parents withdraw the consent, Tusla has three days before the child has to be returned to their care. This is where Tusla has a very clear concern about the ability of the parent to care for the child. It may want to seek a full care order. The measure is in place purely in case there is a serious risk.