Seanad debates

Tuesday, 31 January 2017

Adoption (Amendment) Bill 2016: Committee Stage

 

2:30 pm

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I looked back through several parts of the Bill to find the safeguards for parents. The safeguards are timeframes, for example, sections 14, 24 and 54, and some subsections. My amendment in respect of parts of section 14 lays out the occasions where a parent can intervene to stop the order. At no point anywhere in the Bill does it state that there is an obligation for support in respect of offers of placement. I have been in Cherry Orchard on many occasions and had social workers ask me where the parent should go for help, such as for detox, or where there is a women's refuge if domestic violence is the problem. There is a serious lack of information in social services. There is also a lack of connection to projects which social workers can suggest parents do. They do not intervene to make those things happen. If there is a two or three-year waiting list for help, the person is almost at the end of the three-year court order and the child is gone. I am not satisfied with the Bill.

My amendment proposes that in circumstances where an application for a High Court order is sought, the Child and Family Agency is satisfied that a reasonable effort was made to support the parents. If the Department is saying that these supports are available I do not understand why that cannot be cemented into the Bill.

In respect of section 4, my amendment clarifies the obligation on the Child and Family Agency in respect of an order and the standard required, "every reasonable effort" in support of the parents of a child who is subject to adoption. When this goes to the High Court the children are in the care of the State and the power lies with the State. Children from poor backgrounds are over-represented in the care system. They come from under-educated families who lack capacity to advocate for themselves in the High Court or even to intervene. If the adequate supports have not been given to them throughout those three years to get help, they will not have the capacity to advocate and intervene at High Court level. The Child and Family Agency should be satisfied that they did receive that support and are in a position to say they asked for help and did not get it. In all the years I have worked in the areas of addiction and homelessness I have met very few people on the ground who have children and are able to stand up to the State and to the High Court. The Child and Family Agency owes it to them to ensure they receive the adequate supports to advocate on their own behalf and that of their children.

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