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Children in Care

Dáil Éireann Debate, Wednesday - 18 September 2013

Wednesday, 18 September 2013

Questions (1239, 1264)

Finian McGrath

Question:

1239. Deputy Finian McGrath asked the Minister for Children and Youth Affairs if she will include a provision to have grandparents made a party to proceedings for children in care and to support the work done by grandparents who are caring for their grandchildren on a consistent and regular basis. [36962/13]

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Nicky McFadden

Question:

1264. Deputy Nicky McFadden asked the Minister for Children and Youth Affairs if she will outline the role and rights of grandparents in cases where children are in care; if grandparents can be made party to proceedings from the outset; if there are situations which would allow for a near parental role to be ascribed to grandparents in circumstances where either parent is deemed unable to function in a parental role; if further rights could be ascribed to grandparents under the Rights of Grandparents Bill 2013; and if she will make a statement on the matter. [38271/13]

View answer

Written answers

I propose to take Questions Nos. 1239 and 1264 together.

Under the Child Care Act 1991, the HSE has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. If a child is in need of care and protection and is unlikely to receive it at home, then the HSE has a duty to ensure they receive appropriate care. In cases where parents are unable to cope due to illness or other serious problems they may agree to their children being taken into the care of the HSE on a voluntary basis. Where the HSE has serious concerns for the care and wellbeing of a child, and where it is not suitable or the parent is not agreeable to a voluntary care arrangement, it may apply to the courts for a care order.

When a child cannot live with his or her parents either on a short or long-term basis, the HSE will, in the first instance, seek a suitable relative – including a grandparent - or person known to the child to provide care. All foster carers, including relatives, undergo an assessment and training process to establish their suitability and competence. At the end of May there were 6,441 children in care, 30% of whom were in foster care with relatives.

The National Standards for Foster Care 2003 state that "children and young people in foster care are encouraged and facilitated to maintain and develop family relationship and friendships". They also state "the families of children in foster care are involved in their care, in partnership with social workers and foster carers unless this is detrimental to their well being of the children, in which case the reasons for excluding them are recorded on the case files". The National Standards for Residential Care state that "visits from family members, significant others and friends are encouraged and facilitated in private". They go on to state "where young person has lost contact with a parent, family or significant others the supervising social worker and staff members actively seek to re establish contact and to identify key people within the extended family to provide support".

Access and contact by relatives to a child in care is based on the needs of the child. In most cases access to family is actively promoted and encouraged unless the access is posing a risk to the child or is causing the child distress. A child's view with regard to access is also sought where age appropriate and this view is to be respected. In most families grandparents are viewed as important family members outside of birth parents and siblings. Although they are not always made party to proceedings from the outset they can be approached to provide care where either parent is deemed unable to function in a parental role. Many of the 1094 (Q2 2013) relative foster carers currently caring children in care are the children's grandparent and therefore play a significant role in the child's life.

Under Section 47 of the Child Care Act 1991, "Where a child is in the care of a health board, the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order." In circumstances where access and contact is restricted an application can be made under section 47 to the court for a direction in relation to access and contact if they are not satisfied with arrangements as set out in the care plan. The Judge can then make a direction on the whether access to their grandchildren will be allowed.

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