Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I move amendment No. 180:

In page 79, lines 8 and 9, to delete “it is unsafe or it is not in the best interests of the child to do so” and substitute the following: “there is an immediate and serious risk to the health or welfare of the child by releasing the child into the care of that person or persons”.

This amendment was drafted following consultation with An Garda Síochána, as queries were raised as to how "unsafe" might be defined and who would be responsible for assessing whether a situation was unsafe or not. The wording aligns closely with section 12 of the Child Care Act 1991, which provides for the use of Garda powers in relation to taking a child into safety.

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