Barry Andrews (Dún Laoghaire, Fianna Fail)

The effect of this amendment to section 23B(5) and (6) is to ensure the HSE retains more responsibility than was previously provided for in the published Bill in respect of children who are the subject of a special care order and where such special care is being provided in a unit which is subject to an arrangement under section 38 of the Health Act 2004. This amendment is in accordance with our legal advice. Section 38 of the Health Act 2004 provides, inter alia, that the Health Service Executive may enter into an arrangement with a person to provide a special care unit. The amendment ensures that, where a child is the subject of a special care order and provided with special care under section 38, the HSE will supervise and monitor the special care unit in question, establish procedures for the notification to the HSE of the release of the child pursuant to section 23NF(9), that is, where the child requires medical treatment, assessment or examination immediately or his or her release is required immediately on compassionate grounds, and be informed by the person with whom the section 38 arrangement has been made if a child is unlawfully moved, absconds, fails to return, is prevented from returning or missing from the special care unit.

In subsection (6) of the amendment the various sections that will apply to the person with whom an arrangement is made under section 38 of the Health Act 2004, as amended, are stated. The effect of the changed references is that the HSE retains authority to decide on the special care to be provided for the child, give consent to a medical or psychiatric assessment, an examination or treatment in respect of the child and the application for a passport for the child to allow him or her to undergo a medical or psychiatric assessment, an examination and treatment outside the State or to permit him or her to reside outside the State with a parent or relative.