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Dáil Éireann debate -
Wednesday, 4 Mar 1998

Vol. 488 No. 2

Written Answers. - Children in Care.

Eamon Gilmore

Question:

31 Mr. Gilmore asked the Minister for Health and Children if his attention has been drawn to recent newspaper reports (details supplied) that children in care were roaming the streets at night and drinking alcohol in view of the fact that the health boards responsible for them have no secure accommodation; the steps, if any, he will take to address this problem; and if he will make a statement on the matter. [5703/98]

I am aware of the newspaper report to which the Deputy is referring concerning the care of children with severe behavioural problems. Under the Child Care Act, 1991, health boards have statutory responsibility for promoting the welfare of children who are not receiving adequate care and protection. A small number of children whom the boards have been endeavouring to assist cannot be appropriately cared for in the existing range of residential care centres.

Judicial review proceedings were brought against a number of health boards on behalf of some of the children concerned alleging that the boards were failing in their statutory responsibilities towards the children. The High Court has held that the Child Care Act, 1991 does not empower a health board to detain a child and that the State is under a constitutional duty to provide suitable secure accommodation for children who need to be detained for their own safety and welfare.

The Children Bill, 1996, which has recently been restored to the Order Paper, amends and extends the Child Care Act, 1991. Part X of the Bill provides for the making of a special care order on the application of a health board which would commit children requiring special care to the care of a health board and authorise the board to arrange for appropriate care, education and treatment for the child and for this purpose to detain a child in a special care unit.
The Eastern Health Board proposes to build two special care units in County Dublin and it is envisaged that each unit will accommodate 24 young people. Planning permission has been received for one of these units and it is hoped to proceed with this unit as soon as possible.
I emphasise that while occasionally children in care can run away and are missing for a short period, not all of these children need to be accommodated in a secure setting.
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