Dáil Éireann Debate, Tuesday - 12 November 2013
21. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she has received a report from the Health Service Executive regarding the recent incidents involving children in the Roma community; and if she will make a statement on the matter. [47840/13]
View answer23. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs the involvement of Health Service Executive child protection services with the two Roma children removed from their family homes; the imminent risk of significant harm to the children from the child protection point of view; if child protection services were aware of the cases in advance of the children being removed from their family homes; and if she will make a statement on the matter. [47831/13]
View answer31. Deputy Thomas Pringle asked the Minister for Children and Youth Affairs if the aspects of the Child Care Act which were applicable in recent incidents involving children being taken from their homes have been examined; if she will outline any decisions or clarifications made on foot of this; and if she will make a statement on the matter. [47836/13]
View answer41. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs having particular regard to recent events, if she is satisfied regarding the adequacy of the procedures in place to ensure best practice in cases where children are being placed in care; and if she will make a statement on the matter. [47829/13]
View answerI propose to take Questions Nos. 21, 23, 31 and 41 together.
The queries raised by the Deputies refer to the recent cases of Roma children who following Garda action were removed under Section 12 of the Child Care Act 1991 and provided with foster care while investigations took place.
Section 12 of the Child Care Act 1991 provides for the removal of a child to a place of safety by An Garda Síochána in situations where there is immediate and serious risk. In such circumstances An Garda Síochána must, as soon as possible, place the child into the care of the HSE.
Where a child is received into care in circumstances such as these, the HSE are required, following initial assessment, to either return the child to their parents, if is safe to do so, or make an application to the District Court for an Emergency Care Order at the first available opportunity. A District Court may grant an Emergency Care Order if there is reasonable cause to believe that there is an immediate and serious risk to the child or that there is likely to be if they were to leave the care setting. Emergency Care Orders have a limited duration and a fuller hearing must be convened within prescribed timelines.
Child protection is a complex and sensitive issue. An Garda Síochána and the HSE are often required by law to deal with complex situations and to make immediate decisions when dealing with concerns which come to their attention. The HSE and An Garda Síochana have worked in the broad context of Children First to develop closer working relationships designed to ensure more effective provision of child welfare and protection services. Regular meetings of the statutory agencies are convened at both local case management and national senior management level aimed at ensuring good communication and cooperation channels. The HSE and An Garda Siochana also operate joint protocols to ensure good practice in the area of child protection. It is important however, to review incidences, such as these two cases, to ensure that practices and procedures are in line with best practice.
Along with my colleague Minister Shatter, the Minister for Justice and Equality, I determined that there should be examination of the involvement of An Garda Síochána and the HSE in these two cases. I asked Mr. Gordon Jeyes, National Director, HSE Children and Family Services, to provide me with a report on the HSE actions in respect of the two cases. Minister Shatter also requested similar reports from the Commissioner of An Garda Síochána in relation to the actions of An Garda Síochána.
The Ombudsman for Children, Ms Emily Logan, has initiated an investigation of the actions of the HSE in relation to these cases, under the provisions of the Ombudsman for Children Act 2002. The Ombudsman for Children has also agreed to undertake an investigation of An Garda Síochána actions, under Section 42 of the Criminal Justice Act 2007.
I can confirm that I have received the reports for each of the cases from HSE Children and Family Services. The reports have been referred to the Ombudsman for Children Ms Emily Logan, for her consideration. The Ombudsman for Children is an independent statutory authority and will independently assess the actions of the HSE.
In respecting the independent investigations of the Ombudsman for Children, which will now take their course, it would be wrong of me to comment in detail on the cases or the reports received from the HSE. I look forward to the conclusion of the process and to addressing the independent findings of the Ombudsman for Children, once she reports on her investigations.
As I have said I acknowledge the distressing situation for the two families involved from these events and the surrounding publicity. I have requested that both the HSE and voluntary family support services would be available to the families if they wish to avail of these services.
