Proposed Legislation

Dáil Éireann Debate, Wednesday - 17 October 2012

Wednesday, 17 October 2012

Questions (267)

Anthony Lawlor

Question:

267. Deputy Anthony Lawlor asked the Minister for Children and Youth Affairs her plans to bring forward legislation to amend Section 267 of the Children Act 2001 which refers to the period in care of health board under interim care order from eight days to twenty eight days bearing in mind that the Act as it stands is causing delays within the Children's Courts system; and if she will make a statement on the matter. [45276/12]

Written answers

Minister for Children and Youth Affairs

As originally drafted, section 17(2) of the Child Care Act, 1991, provided that an interim care order may be granted for a period of eight days (or longer with the consent of both the parents/guardian and the HSE), with extensions of further 8 day periods (or longer with consent) where a justice of the District Court is satisfied on the application. This provision was amended in the Children Act, 2001, to provide for the extension of the original care order from 8 to 28 days. No change was made to the legislative provisions for extensions.

A submission received from the HSE on the issue highlighted some issues regarding the implementation of this measure by both the courts and the HSE. These matters have been brought to the attention of my Department. Officials have been examining the background to the original legislation.

In order for the approval of the Oireachtas to be sought for amending legislation, a strong evidence base is required. I am anxious to ascertain a clear, evidence base for the change proposed, to ensure it does not have any unintended consequences.

A letter issued to Mr Gordon Jeyes, National Director, Children and Family Services , HSE, on 31 August last requesting that a single robust case be submitted to the Department setting out the rationale for change in this area. The letter indicates that the best interests of the child should be a central tenet of any such case, which should also take account of the interests of the family and the child protection service.

I expect to receive a response from the HSE shortly.