Dáil debates

Tuesday, 5 October 2010

Child Care (Amendment) Bill 2009 [Seanad]: Second Stage

 

6:00 am

Thank you, a Chathaoirligh, for allowing me to speak on this Bill tonight.

This Bill relates primarily to the circumstances surrounding application for special care orders and issuing of same. Unfortunately, special care orders are a requirement of modern society. While I say unfortunately, I also acknowledge the services dedicated to caring for those children affected by special care orders. We must be very grateful to have such services.

There have always been families in trouble, families that require assistance with children and families that are simply unable to cope unassisted or unable to cope at all. In these circumstances, the HSE becomes of vital assistance to society. Traditionally, social services were viewed as a last resort for families in trouble - the kind of people one would not want involved with one's children or family. Thankfully, those views have been changing, although perhaps some would say not quickly enough.

The intervention of the HSE or social services should be viewed as a helping hand for those finding it difficult to cope. This is slowly becoming the case. We, as a society, however, still have some way to go to accept this fact and to making the child our primary concern. Thankfully, the days of pushing things under the carpet are disappearing. In our modern society, we are well aware of the difficulties facing children and we must provide ultimately for their protection as required.

Child safety and protection must always come first, regardless of the adults who may be involved. For me, the one profession which stands out is teaching. We see it as being there to provide an education to young people. The teaching profession plays a major role in shaping children for the society of the future and trying to make them role models for their communities. Perhaps at times we do not give it enough appreciation for the work it does and the load it carries in providing a service over and above the education requirements.

I wish to highlight the work of many of those involved with the HSE in caring for children in trouble, whether a responsible teacher, a nurse, a caring individual who alerts the HSE to children in need of attention, social workers who make the initial contact with the family in trouble, psychologists, therapists, medical professionals who provide tremendous assistance and treatment, foster carers who provide a vital service, or residential care workers who do tremendous work in caring for children in need of guidance and supervision. I commend the work of many gardaí who deal with vulnerable children each day, mostly under the radar and often in very difficult circumstances. In many cases they provide untold assistance to the HSE and social services. There have been too many cases in our history of children being mistreated and the measures introduced in the Bill are vital. I encourage the continuation of the process.

This Bill deals with children between the ages of 11 and 17 whose needs cannot be met through community or residential care assistance. Special care orders are a last resort in the interests of the safety and protection of the child. That is the important message. This Bill deals comprehensively with the process in regard to special care orders as a whole, from consideration of the child for special care through to the application for a special care order to the discharge of the order.

I commend the Minister of State on his endeavours with this Bill to ensure that all the child's needs are met, including health, safety and education needs. I am very much aware of how well the Minister of State equipped himself before introducing this Bill. He has met many care groups and youth groups in my constituency and has taken on board many views. I do not believe my constituency is different from any other.

A child being placed in special care deserves an opportunity to experience things in life that previously were not afforded to him or her. These vulnerable children deserve a second chance and it is our duty to ensure they get a second chance. It is vital that serious measures are adopted to ensure children proceed to a safe and protected environment subsequent to the discharge of a special care order. It is essential that no child leaves special care with the same problems as entering it, or with even worse problems. With compounded problems, many supports and measures are required post special care.

I am pleased this Bill deals with children who may require detention in a special care unit for their own safety but who may also be subject to criminal charges. It is vital these children are not solely left to the rigours of the law and are taken under the wing of the HSE, even in the event of a criminal charge or prosecution. It is imperative that such vulnerable children do not fall between two State agencies but rather face the rigours of the law while also being protected in many other ways by the HSE.

Many families require support from the HSE and social services. Some are wise enough to seek it but others have it visited upon them. Perhaps a role for us as legislators is to end the stigma. While it has been somewhat diluted compared to a decade or two decades ago, the stigma still exists in some quarters. We must send the message that social services do not exist to attack a family or children but simply are a support measure for the health and welfare of the children involved.

Some children slip through the net and those who do require the most focus at this stage. Many children do not get a fair start in life and require attention. This Bill deals effectively with those suffering from severe hardship and I commend the Minister of State on his continued sterling work in child protection. There are many facets of child protection and much work has been done in recent years to ensure the system identifies these children as soon possible.

There will always be a case for more supports and more intervention in some circumstances. It is worthwhile acknowledging how far we have come while looking at what can be done in future. We, as a society, must share responsibility for child protection, whether families, neighbours, friends, teachers, gardaí and others I mentioned. We, as legislators, must continue to provide the framework for society to carry that responsibility effectively, and this Bill does just that.

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