The Child Care Act 1991 as amended sets out the statutory framework within which the Health Service Executive provides family support and child welfare and protection services.
Where a member of the public has a concern about a child, he or she should inform the local health office of the Health Service Executive about it. The gardaí and the Health Service Executive work closely in relation to child welfare and protection issues. While the gardaí have power to act under section 12 of the Child Care Act 1991 as amended, in effect this would only happen in circumstances where there was a need to take a child to safety: (a) where there is an immediate and serious risk to the health and welfare of a child; and (b) it would not be sufficient for the protection of the child from such immediate and serious risk to await the making of an application for an emergency care order by the Health Service Executive. If the Deputy will let me have details of the case concerned, I will ensure that the appropriate authorities are informed.