Sandra McLellan
Question:90 Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if she intends to direct the Health Service Executive to expand the guardian ad litem service. [8074/12]
View answerTuesday, 14 February 2012
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Written answers
Appointment of a guardian ad litem (GAL) is provided under section 26 of the Child Care Act 1991. Under this provision, the court may appoint a guardian ad litem to a child who is the subject of care proceedings, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so. They are always appointed where a child is subject to Special Care proceedings. Section 26 also provides that the costs incurred by any person acting as a guardian ad litem shall be paid by the HSE. I should point out that neither I or the HSE has a role in the appointment of guardians. This is a matter for the courts.
There is a commitment in the Ryan Implementation Plan to engage with colleagues to agree a future policy for management and funding of the service. My Department is currently reviewing provision of GAL services having regard to previous reports and current data on demand. Officials are working closely with the HSE in this regard with a view to establishing the most appropriate arrangements for the future organisation and delivery of this service. Preliminary discussions have also taken place with the Department of Justice, Equality and Defence in relation to this matter.