Dáil Éireann debate -
Tuesday, 23 Nov 1999

Vol. 511 No. 3

Written Answers. - Foster Children.

Minister for Health and Children (Mr. Cowen)

I propose to take Questions Nos. 241 and 242 together.

My Department issued a circular last year dealing with consent to medical treatment for foster children to each health board. A more comprehensive circular dealing with all the legal implications of consent to medical treatment for foster children is being finalised in the Department and will be issued shortly.

In the circular that has already been issued it was made clear that foster parents have the capacity to consent to emergency medical treatment the purpose of which is to preserve the life or health of the child. In any event, in an emergency situation, the doctor is entitled to intervene on his own authority, without the consent of a person inloco parentis. Such an emergency does not need to be so grave as to threaten the child's life before consent can be implied. A doctor is, at a minimum, entitled to give emergency treatment for the purposes of preserving, not only the life, but also the health of a person who is incapable of consenting. In emergency cases, the law gives reasonable latitude to a doctor who takes such measures as his clinical judgment dictates in the interests of the patient's welfare.

Foster parents are also entitled to administer, or consent to the administration of first aid to children in their care. This would include cleaning and dressing cuts and scrapes, bandaging sprains and any other similarly routine treatment.

In relation to the issue of indemnifying foster parents for the purposes of consent given for medical treatment to children under their care, I would point out to the Deputy a working group on foster care is examining all aspects of foster care, including this issue. The group is due to report early in the New Year. I will therefore await the recommendations of the group on the matter.