Richard Bruton (Dublin North Central, Fine Gael)
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Question 240: To ask the Tánaiste and Minister for Health and Children if her attention has been drawn to the insecurity of children who are fostered under family arrangements whereby even quite settled and successful arrangements can be brought abruptly to an end by the intervention of the natural parent, unless the fostering family undertake the substantial legal expense of obtaining joint guardianship; if she is considering changes in the law that might offer greater primacy to the interests of the child in such circumstances; and if she will make a statement on the matter. [19487/05]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Foster care and relative care arrangements under the Child Care Act 1991 are subject to regular reviews. The views of the child, the parents and the foster carers are taken into account and the review considers a number of issues regarding the child's placement, including whether it would be in the best interests of the child to be returned to the care of his or her parents.

Where it is agreed that it is in the best interests of the child to be reunited with its parents, the Health Service Executive is obliged under the Child Care Regulations 1995 to inform the foster carers, including relative carers, of its intentions to remove the child from their care and their reasons for doing so. The foster carers may appeal the decision to return the child to its parents. Where appropriate, the Health Service Executive may make counselling available to foster carers who have a child removed from their care.

I re-iterate that in considering whether to re-unite a child with its parents, the Health Service Executive must consider what is in the overall best interests of the child.

The Deputy will be pleased to know that a provision has been included in the Adoption (Hague Convention, Adoption Authority and Miscellaneous) Bill 2004 allowing a long-term foster carer to apply to the Circuit or District Court for a guardianship order, taking into account the views of the child and having obtained the relevant consents. The legislation also provides that a person who is 18 years of age or more may be adopted, if the person consents and has been in long term foster care, thus allowing them to become a legal part of their long term foster care family.

The Bill has gone to the parliamentary counsel for drafting and it is hoped it will be published at the end of 2005.