Written answers

Tuesday, 6 July 2021

Department of Children, Equality, Disability, Integration and Youth

Care Services

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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392. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will consider changes in relation the use of policy or procedures in view of the recent study by UCC regarding the issues relating the use of voluntary care agreements (details supplied). [36393/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Minister is aware of the Voluntary Care in Ireland study quoted by the Deputy, which was partially funded by his Department.

As the Deputy may be aware, in Better Outcomes Brighter Futures – The National Policy Framework for Children and Young People 2014-2020, the government committed to ‘review and reform as necessary, the Child Care Act 1991’. The Department has considered the findings of this research concerning the use of voluntary care arrangements as part of this review process. The research findings were also shared with Tusla.

I plan to very shortly bring forward proposals to Cabinet for reform of the Child Care Act 1991, following an extensive consultation process including a consultation on initial proposals in 2020. One of those proposals concerns amending S4 of the Child Care Act 1991 which regulates voluntary care arrangements.

The study identifies positive attributes of the existing voluntary care process but also made specific reference to a number of issues such as the unlimited duration of voluntary care agreements and weak mechanisms for ascertaining the views of children. The proposal that I will share with Cabinet colleagues will seek to amend legislation to limit voluntary care arrangements to a maximum of 12 months after which renewal will only be permitted subject to explicit parental consent, where parents have received legal advice. Other important changes include strengthening the voice of the child in both court proceedings as well outside court proceedings including in voluntary care.

Once Government approval is secured, the drafting of the General Scheme can commence. The finalised Scheme will undergo scrutiny by the Oireachtas Committee on Children, Equality, Disability, Integration and Youth. I look forward to the engagement on this very important piece of legislation as part of the Pre-Legislative Scrutiny process.

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