Brian Lenihan Jnr (Dublin West, Fianna Fail)

This was discussed on Second Stage in this House and extensively in the Seanad. When speaking on Second Stage, Deputy Lynch of the Labour Party strongly agreed with the view I took on the five-year period. This is a difficult issue. We will delegate responsibilities vested in the State to foster carers and a balance must be struck. If instability and interruptions occur in the placement it would not be appropriate for the foster carers to have increased autonomy in respect of the child.

Where an order is granted under this Bill the State will delegate its responsibilities with regard to a child in care to a foster carer, but it cannot do so lightly. The State must be satisfied the foster parent or relative has an unblemished history of care in respect of the child concerned. This Bill establishes a transition in the case of children in long-term care.

An issue is also raised with regard to the placement and care of a child. I am sure Deputy Ó Caoláin is aware that often children are voluntarily surrendered into care. Social workers must give reassurance to people placing their children in care that they can have their child returned to them. At the same time, through this Bill the Oireachtas will state that if a child remains in care for a designated period of time, the parents and HSE can go to court and give the foster parents increased powers to decide on the medical welfare, education and other decisions that must be taken with regard to a child such as obtaining a passport.

All these will be exercised by foster parents without intensive supervision by social workers. At present, such matters are intensively supervised by social work staff. The regime of intensive supervision of foster carers will be relaxed where a period of time has elapsed and a demonstrated capacity has been established. I take the point made by Deputy Ó Caoláin, but to reduce the period to less than five years might get the balance wrong.

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