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Dáil Éireann debate -
Wednesday, 27 May 1992

Vol. 420 No. 4

Written Answers. - Child Care Acts.

Brendan Howlin

Question:

138 Mr. Howlin asked the Minister for Health if his attention has been drawn to the fact that, some ten months after the enactment of the Child Care Act, 1991, care proceedings are still being taken under the provisions of the Children's Act, 1908, and if he will make a statement on the matter.

It has always been accepted by all sides of the House and by the various interest groups that the provisions of the Child Care Act 1991 would have to be implemented on a phased basis over a number of years. The Programme for Economic and Social Progress envisages such a phased implementation of the legislation.

The sections of the Act relating to care proceedings are by their very nature the most complex provisions and a considerable amount of preparatory work must be done before they can be brought into operation. New rules of court are required to give full effect to them. In addition, various sets of inter-related regulations must be made governing the arrangements which health boards may make under the legislation for the accommodation and maintenance of children committed to their care pursuant to the new court order provided for in the Act. The relevant interest groups must be consulted in relation to the preparation of these regulations, in accordance with commitments made on behalf of the Government during the passage of the Bill through both Houses.

The new procedures set out in the legislation for taking children into care will become much more complex, time-consuming and labour intensive for health boards. New provisions in relation to supervision orders, the involvement of health boards in custody disputes and access for parents to children in care will impose new demands on health baords. It will be necessary for health boards to recruit and train additional social workers and other front-line staff so as to enable the boards to operate the new procedures.

I would like to assure the Deputy that the new care proceedings will be commenced as soon as practicable in the context of a structured programme for the implementation of the legislation.

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