Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 1:

In page 7, line 12, after “child,” to insert “foster parent,”.

Amendments No. 1 and 12 deal with the same issue, which is the concern that some of those who are providing parental care may accidentally or inadvertently fall outside the remit of the Bill. Amendment No. 1 seeks to include foster parents within the definition of "relevant parent" under the Bill. Whether or not it is the relevant parent in another context, in the context of this Bill people may, for example, have to take periods of leave or need to address particular care for a child. I believe it is important that foster parents would be included in that.

My understanding of it at the moment is that the phrase "in loco parentis"does not actually cover or account for foster carers as relevant parents in the same way that in many circumstances social workers are the designated people acting in loco parentis, and foster parents may need to seek permission from social workers around making decisions for the children's care.

If this is not a concern, or if it is included, it would be useful to have it clarified. It is a concern I am hearing from foster parents that it is not clear to them whether they are covered by this scope of the Bill. I do not believe it is the intention of the Bill that foster parents who do need flexible arrangements in respect of the care needs of the child in their care are not able to access the provision of this Bill.

Similarly, amendment No. 12 addresses the same issue about "in loco parentis", what it actually covers and who it includes. I have suggested the removal of the phrase there but I would also be happy if we had "in loco parentis" or "providing parental care" in the definition of relevant parent. Instead of replacing it I am happy to expand that section in amendment No. 12, which is section 13AA.

There are a couple of other categories - which I will not speak to now because I will have amendments later - where I feel the definition is too narrow in terms of other caring relationships. Amendments Nos. 1 and 12, however, relate specifically to the issue of those providing parental care.