Child Care Proceedings

Dáil Éireann Debate, Wednesday - 13 November 2013

Wednesday, 13 November 2013

Questions (159)

Thomas P. Broughan

Question:

159. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs in view of the published findings of the interim report of the child care law reporting project, if she will be introducing detailed legislative guidelines on the role and functions of guardians ad litem; if it is proposed that such guidelines would be reflective of the guidelines developed in May 2009 by the former Childrens Acts advisory board entitled, Giving a Voice to Children’s Wishes, Feelings and Interests: Guidance on the Role, Criteria for Appointment, Qualifications and Training of Guardians ad Litem Appointed for Children in Proceedings under the Child Care Act 1991, as there is anecdotal evidence that many guardians follow these guidelines in their current practice. [48499/13]

Written answers

Minister for Children and Youth Affairs

The Deputy will be aware that the appointment of a guardian ad litem (GAL) in child care cases is a matter for the Courts. Under section 26 of the Child Care Act 1991, 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.

I believe that there is considerable scope to improve the quality, consistency and cost effectiveness of the current service which has evolved in an ad hoc manner over a number of years. I also believe that a much more regularised structure for guardian ad litem services needs to be developed if the role of the GAL is to deliver real value.

Officials within my Department are working closely with the Department of Justice and Equality and the HSE with a view to establishing the most appropriate arrangements for the future organisation and delivery of this service.