The Heads and General Scheme of a Bill to amend the Child Care Act 1991 were published in April last year, and have gone through the pre-legislative scrutiny process. A considerable number of recommendations were received from the Joint Oireachtas Committee, and my Department has been giving consideration to both these recommendations and to feedback received from stakeholders.
I am aware of the concerns expressed by the Committee in relation to how the proposed amendments to the 1991 Act will impact upon Tusla's ability to protect and care for separated child seeking international protection. As set out in the General Scheme, the Department intends to amend section 4 to provide that informed consent for a voluntary care arrangement will be required in future.
While my officials and I remain of the view that providing for informed consent to voluntary care is the appropriate course of action, we acknowledge that this will impact on Tusla's ability to bring a separated child seeking international protection into care under this section if the child's parents or guardians cannot be identified or contacted.
My officials have therefore been undertaking a constructive and useful process with their counterparts in Tusla to refine the policy with regard to the use of section 5 for separated child seeking international protection. Further amendments to the 1991 Act will be required and my officials will be liaising with Parliamentary Counsel in this regard.
As part of this consultation process the Department has been engaging with the Children's Rights Alliance CRA). Three consultation meetings took place between the Department and the CRA between October and December 2023.
