Gary Gannon (Dublin Central, Social Democrats)
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1300. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will review the procedures surrounding emergency custody transfers, including whether adequate safeguards exist to ensure that children’s welfare, their expressed wishes, and any allegations of domestic abuse are fully considered before such transfers are enforced. [11600/25]

Norma Foley (Kerry, Fianna Fail)
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I can inform the Deputy that where a member of An Garda Síochána has reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child that may not await the making of an application to the court for an emergency care order by the Child and Family Agency, the member may under section 12 of the Act, remove the child to a place of safety and deliver the child as soon as possible to the custody of the Child and Family Agency.

The Child Care Act 1991 (CCA) is the primary legislation regulating child care proceedings and child protection policy in Ireland. Under Section 13 of the Act, Tusla can make an application to the District Court for an Emergency Care Order where there is an immediate and serious risk to the health and welfare of a child. The Court may, if necessary, issue a warrant authorising a member of An Garda Síochána to deliver the child into the care of Tusla. An Emergency Care Order places the child in the care of Tusla for a period of not more than eight days.

Additionally, all procedures implemented by Tusla are subject to appropriate child protection assessment, thresholds for action as broadly informed by Children First Guidance and in Tusla practice also informed by the views of the child.

With regard to the expressed wishes of the child, Guardians ad litem (GAL) are appointed by the court for children who are the subject of care proceedings under the Act. The role of the GAL is to inform the court of any views which the child wishes to express and to advise the court on what, in his or her professional opinion, is in the child’s best interests.

Following a review of the Child Care Act 1991, the Government in April 2023 approved the General Scheme and priority drafting of an amendment Bill to revise and update the 1991 Act to better reflect changes in child welfare and protection services in the 30 years since its enactment, as well as capturing current legislative, policy and practice developments. Work is ongoing to finalise the drafting of the Bill with a view to publishing and introducing this legislation into the Houses of the Oireachtas later this year, subject to Government approval.