Written Answers. - Child Care Services.
Austin Currie
Ceist:
51
Mr. Currie
asked the
Minister for Health and Children
if he will enumerate the safeguards which exist for children brought into the State; if he is satisfied that such safeguards are sufficient for the protection of children; and if he will make a statement on the matter.
[5210/01]
Section 3 of the Child Care Act, 1991, requires every health board to promote the welfare of children in its area who are not receiving adequate care and protection. The Act applies to all children who are in need of care and protection regardless of their nationality or how they enter the State. The circumstances in which children are brought into the State that come within my area of responsibility range from unaccompanied minors seeking asylum, children moving from other jurisdictions who are in need of special care and protection, private foster care arrangements and foreign adoptions.
With regard to unaccompanied minor asylum seekers, arrangements are governed by the Refugee Act, 1996, as amended, which came into operation on 20 November 2000. Section 8(5) of the Act provides that where it appears to an immigration officer or an authorised officer in the Office of the Refugee Applications Commissioner that a child under the age of 18 years, who has arrived at the frontiers of the State or has entered the State is not in the custody of any person, the immigration officer-authorised officer is required to inform the health board in whose functional area the child is.
The provisions of the Child Care Act, 1991, which require every health board to promote the welfare of children in its area who are not receiving adequate care and protection, will then apply in relation to the child. The Refugee Act, 1996, as amended, also provides that the health board will determine what is in the best interests of the child including the option of whether an application for refugee status should be made on behalf of the unaccompanied minor.
All health boards have nominated liaison officers who will be the contact person for the immigration officer in this regard. Draft guidelines prepared by a working group established by the Department of Justice, Equality and Law Reform in respect of these provisions of the Act have been circulated to the health boards. The immediate and the ongoing needs of the young person including accommodation, medical, social and educational needs are followed up by a social worker, community welfare officer or project worker as appropriate.
Detailed procedures for the transfer of information on children in need of care and protection when families move from one jurisdiction to another are in place. In relation to children who move from Northern Ireland an agreement reached in 1996 provides for notifications to be sent to the health boards from the relevant Northern Ireland trust. With regard to children in need of care and protection arriving in Ireland from the United Kingdom arrangements are in place to direct information received by my Department from the Department of Health to the appropriate programme managers in relevant health boards for circulation at local level. Otherwise information received from the International Social Services on children who are in need of care and protection who come to Ireland from abroad is channelled through the International Social Services correspondent in the social services inspectorate established by my Department.
My Department is aware that non-national children are being placed in private foster care arrangements in different health board areas. These placements are arranged by a number of non-national welfare agencies. There is a requirement under the Children (Amendment) Act, 1957, on a person or body, proposing to foster a child privately, to notify the health board in which the proposed placement will occur, where the placement is for reward or is in respect of a non-martial child. My Department issued a circular to all health boards in relation to the placement of foreign adolescents with families in this country to promote closer co-operation between the boards and the agencies involved. The Government has put forward a number of amendments to the Children Bill, 1999, which is currently before the Houses of the Oireachtas. These amendments include provisions to strengthen the legislation in relation to private foster care arrangements.
In the case of inter-country adoption the following safeguards are provided. Under the law all prospective adopters who are ordinarily resident in the State must undergo a prior assessment of their eligibility and suitability before they are granted a declaration allowing them to adopt abroad. Once prospective adopters have been granted such a declaration they may make arrangements for the adoption of a child from abroad. To bring the child they propose to adopt into the State they must obtain immigration clearance from the Department of Justice, Equality and Law Reform. This clearance will not be issued unless a copy of the declaration of eligibility and suitability from the Adoption Board has been provided.
In general, the adoption of the child will take place in the country of origin. In such cases, the adoptive parents will seek to register the adoption of the child with the Adoption Board on return to Ireland. The Adoption Board provides a list of recognised countries to prospective adopters and this data is regularly updated. Once the child's adoption is recognised their care, well-being and protection is covered under the child protection legislation. In addition, many sending countries seek the provision of post-adoption reports. Although not required by law, all parents co-operate with their provision. These reports are completed by health board social workers.
In cases where the adoption of the child is to take place in Ireland, the same provisions apply in relation to the prior assessment of the prospective adopters and the need for immigration clearance. In these cases, in accordance with the Adoption Acts, 1952-1998, pre-adoption visits are carried out by Adoption Board social workers. Post adoption reports may also be required in respect of certain countries.
Ireland's ratification of the Hague Convention on Inter-country Adoption will reiterate and strengthen the existing provisions. In addition, the legislation to ratify the convention will provide for greater controls on the removal of the child from their State of origin in the first instance. The preparation of the heads of a Bill to ratify the convention are at an advanced stage.
