Ciarán Cannon (Fine Gael)

I move amendment No. 39:

In page 45, line 14, after "shall" to insert the following:

"with the consent of either the child's parent or guardian, a person acting in loco parentis or the child's Guardian Ad Litem,".

This is related to previous amendments. Section 23ND(2) allows the HSE to carry out a medical or psychiatric examination of or provide treatment for a child in special care without the consent of the child's parents, guardian or guardian ad litem. The amendment tries to strike a balance between the child's rights and the decision making powers of the HSE. It is important to include, as far as practicable, the child's parents or guardians in any decision about a medical assessment or treatment. Barnardos has pointed out that when a child is taken into care, we do not want to sever a connection with his or her parents or guardians. Even the most fragile relationship should be protected and nurtured. Deliberately excluding a child's parents or guardians from this process does not help. On Committee Stage the Minister of State noted that a guardian ad litem was appointed for every child taken into special care. If that is the case, why do we seek to exclude such a guardian from fundamental decisions on the child's medical needs and future?