Dáil Éireann Debate, Thursday - 16 February 2017
314. Deputy Clare Daly asked the Minister for Children and Youth Affairs if Tusla has a legal right to access school and medical records of a minor without parental consent or if a court order is required to access such records. [7937/17]
View answerThe functions of Tusla in relation to the welfare of children who are not receiving adequate care and protection are set out in Section 3.1 of the Child Care Act 1991 as follows:
"It shall be a function of the Child and Family Agency to promote the welfare of children who are not receiving adequate care and protection.
(2) In the performance of this function, the Child and Family Agency shall—
(a) take such steps as it considers requisite to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children;
(b) having regard to the rights and duties of parents, whether under the Constitution or otherwise—
(i) regard the welfare of the child as the first and paramount consideration, and
(ii) in so far as is practicable, give due consideration, having regard to his age and understanding, to the wishes of the child; and
(c) have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.
(3) The Child and Family Agency shall, in addition to any other function assigned to it under this Act or any other enactment, provide child care and family support services, and may provide and maintain premises and make such other provision as it considers necessary or desirable for such purposes, subject to any general directions given by the Minister under section 69."
It would not be appropriate for me to give a legal opinion in relation to Tusla's functions in this regard.
