Maria Corrigan (Fianna Fail)

I welcome the Minister of State and I welcome the Bill. As other colleagues said, the children for whom this legislation provides are ones who experience very challenging needs and can find themselves in very challenging situations. For our children for whom everything else has at that moment failed this legislation only applies as an absolute last resort where other less secure forms of care have either been tried or where a determination has been made that for the individual child's particular circumstances at that time they would not be appropriate.

In the past we have had recourse on other countries to meet the needs of children with very challenging needs. While this was something on which we only depended as a last resort, we did not have as many facilities or opportunities to meet the needs of those children here at home. It is quite distressing for everyone concerned for a child to have to go abroad to have his or her needs met. I certainly welcome the additional opportunities we now have to meet those needs. Perhaps the Minister of State might at some stage clarify whether we have sufficient special care unit opportunities to meet those needs.

The Bill is very practical in nature and outlines clearly the processes to be followed from consideration of the child for special care, the application for the order, the hearing of the case, the granting of the order, the care of the child under the order, right through to the discharge of the order. As such it provides essential protection for children. The number of safeguards in the Bill will add to the protection of the child and are to be welcomed. The legislation also provides for consent to assessment and treatment interventions to be provided by the HSE where the child is under the care of a special care order. I welcome this because where everything else has failed and it has been necessary for a special care order, from that moment on we must take every opportunity to support the child and open a better future to the child than might have been presenting itself prior to the granting of the special care order. That means being in a position to carry out whatever assessments are required and implement whatever treatment or intervention plans are necessary.

I stress to the Minister of State that we hope this is only a short-term measure and for that reason it is imperative that we provide support to the family outside the special care unit or whatever is the home situation to which we hope the child will return. Wearing my other hat as a psychologist, I am very conscious that we can put considerable time or treatment into an individual child, but if we do not give the support to the external environment to which he or she will return, much of the effectiveness of what we are doing can be undone and lost. I was struck by the optimism contained in the legislation, which only refers to very short periods of time. Even where we might seek to extend the special care orders, they are being extended for very short periods of time to a maximum of nine months. For that reason in order to be as effective as we can with the child, wherever the child moves on to after the special care unit it is vital that placement, whether it is the family home or another care facility, would receive adequate and appropriate support to ensure the progress made with the child while in a special care unit is maintained afterwards. These are children just starting out in their lives.

I note that other speakers made reference to language that was used in the Bill and said that perhaps it is necessary to call things as they are. However, the underlying concern for all colleagues who raised the issue is that everyone wants to ensure that factors have the minimal detrimental effect on the rest of the child's life. I empathise with colleagues who speak of the word "detention", wondering whether having almost labelled a child so young starting out, that will carry over later on in life. As this is a last resort option, clearly our preference is to prevent the necessity for such a unit in the first instance. Other Senators have spoken about this issue too. There are many other services, including less secure areas such as high support units, also available to children with challenging needs. To prevent the need for special care units, I go back to the point I made about the necessity to look at the home environment and the child's family. It is a question of realising that whatever work is being undertaken at the point of intervention needs to be followed through, thus enabling the main care givers to be in a position to follow through also. It is only through a joint holistic approach that the progress we want to see can be made. This is about trying to ensure a child will enter adulthood with every opportunity before him or her.

One aspect of the legislation I particularly welcome concerns the provision to ensure a child will not fall between the HSE and the Department of Justice, Equality and Law Reform. Such instances can arise where, for example, a child has come to the attention of the HSE but has perhaps engaged in criminal behaviour and charges are being pressed. Prior to the introduction of this legislation, the HSE would have been inclined to step back and leave the matter to the Department of Justice, Equality and Law Reform. While the resolution of such a matter is being awaited, a child can often fall between the two agencies and end up in limbo. The legislation ensures this will not happen.

The Minister of State in referring to a special care unit indicated that special care would only be provided for where there was a real or substantial risk to the life, health, safety, development and welfare of a child. When a child reaches that stage, he or she is extraordinarily vulnerable. For a child to be at that stage and fall between two agencies of the State is simply horrendous and the fact that the legislation addresses this clear deficit in care is definitely welcome. Such circumstances leave children already at risk increasingly and unnecessarily vulnerable. I note that the legislation only applies to children aged between 11 and 17 years. Does the Minister of State envisage any situation where it would be necessary to seek such a care order for children under the age of 11 years?

I want to raise with the Minister of State the issue of children with disabilities who occasionally present with very challenging needs which require care in a very secure unit. Is it planned to make provision for such units which we do not currently have?

Because we are constantly evolving and need to add to our knowledge, will the Minister of State ensure a mechanism is put in place for monitoring, evaluation and research as regards any child who will pass through the special care unit? Perhaps we might look at providing for such monitoring and evaluation in the years after children leave the special care unit. When they become adults, they might be willing to share with us their reflections and experiences to inform our practice and future developments. I commend the Bill to the House.