Alice-Mary Higgins (Independent) | Oireachtas source

I am going to speak briefly in support of this amendment. I urge the Minister to consider taking it on board and to accept it. I believe it strikes a clear balance.

I recognise the importance of security and stability. I recognise the importance of a timeline being set in order that we do not have children in limbo for long periods. I realise much of the positive intent in this section in terms of ensuring we have mechanisms by which children in foster care can move towards a situation of adoption. It is important to recognise that there are many situations that may cause difficulty for particular periods. The given period of three years needs to be seen not simply as a waiting period but as a period of active engagement and work to see what opportunity and situation may come about. It may be that a parent may move back to being the main carer, or it may be that the parent never returns to that role and a foster care situation with an ongoing contact programme might be the more appropriate option.

Others have referred to the importance of judges making these decisions being appropriately trained and informed in this area to enable them to make nuanced decisions on the best option.

We have heard about circumstances of addiction. These situations can have a span of three years, but they can also change. Other situations may arise as well, for example, situations involving mental health illness. We know that in many cases it may take three, four or five years for people to find a balance of care and support to allow them to deal with such a situation and to find a balance in medication.

I am also particularly concerned about situations of domestic violence. We have situations in which people may be trapped in an abusive relationship and may not be in a position to engage. My colleague referred to the need for the Child and Family Agency to be satisfied that every reasonable effort is made.I reserve the right to put forward amendments myself to tease this out more. The Child and Family Agency should be able to give that message of reassurance and satisfaction. However, some of the reasonable supports may be coming or may need to come from other services. Accordingly, there may be a responsibility, not simply to ensure the formal letter of the law and the opportunity have been given, but that support, meaningful engagement and other services should be given too. For example, we know a number of children have entered care following a period of homelessness. We know that in itself can lead to severe family problems and people moving into situations which they may feel would be unsafe for themselves or a child. There needs to be an active engagement to see if there is a feasible or appropriate pathway out, either through becoming a primary care giver again or having a contact relationship and a constructive ongoing long-term relationship with fostering. Will the Minister take this on board and consider it?

The issue of guardian ad litemwas also mentioned, which we may need to come back to on Report Stage.