Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 85: To ask the Minister for Health and Children if she will initiate and implement a fully funded care matters strategy; if she will ensure that children in care have access to independent advocacy and independent sources of advice; if she will undertake to inform and raise children's awareness of current independent sources of advice; and if she will make a statement on the matter. [25457/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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A comprehensive policy, legislative and regulatory framework has been developed over the past couple of decades in respect of children in care. Key policy documents and standards for children in need of care and protection include the Report of the Working Group on Foster Care, the Youth Homelessness Strategy, the Children First Guidelines, National Standards for Foster Care, National Standards for Residential Care and the Agenda for Children's Services. Relevant legislation includes the Child Care Act, 1991, the Child Care Regulations, 1995, the Children Act, 2001, and the Health Act, 2007.

The Child Care Act, 1991 specifically requires the HSE, in carrying out its functions, to regard the welfare of children as the first and paramount consideration and in so far as practicable have regard to the wishes of the child.

Section 26 of the Act provides that the court may appoint a Guardian Ad Litem (GAL) in any proceedings, where the child might become the subject of a care or supervision order or is being placed in the care of the HSE. The GAL is an independent representative appointed by the court to ensure that the views of the child are heard by the court and to advise the court on the best interests of the child.

With regard to the issue of advocacy the Office of the Ombudsman for Children was established in 2004 following the enactment of the Ombudsman for Children Act, 2002. The Office provides an independent mechanism to vindicate the rights of children as required under the United Nation's Convention on the Rights of the Child. The establishment of the Office was in recognition of the need for an independent person to act as an advocate for children and promote the welfare and rights of the child.

A number of non-governmental organisations are also actively involved on a national basis in advocating on behalf of and providing information and advice to children. A number of these organisations are in receipt of State funding.

During 2007, my Office established the Inclusion Programme to develop best practice in participation, by providing new opportunities for seldom-heard young people to become involved in decision-making structures. Funded organisations under this programme include advocacy groups such as Barnardos and Irish Association of Young People in Care. The programme is independently evaluated. It is intended to capture the learning from this programme to ensure that an increasing number of seldom-heard young people can take part in decision-making structures and processes.