The principal law in Ireland in relation to the care of children is the Child Care Act, 1991. Incidentally a child is defined as a person under the age of 18 who has not married.
The Child Care Act provides that in
The principal law in Ireland in relation to the care of children is the Child Care Act, 1991. Incidentally a child is defined as a person under the age of 18 who has not married.
The Child Care Act provides that in any court proceedings concerning a child the Court must regard the welfare of the child as the principle guide in it’s decision making.
Depending on the age of the child, the Court will also have to have regard to the wishes of the child and the parents but the guiding principle is the welfare of the child.
The Child Care Act 1991 also sets out the role of the HSE in child care issues and under section 3 of Part III of the Act which places certain duties and obligations on the HSE in the whole area of child care. The HSE must also have regard to the wishes of the parents in carrying out it’s statutory duties.
High Court decisions have held that it is generally in the best interests of the child to be brought up in his own family so for this reason the intervention of the HSE to override the wishes of the parents has been limited to exceptional cases. Where the HSE feels intervention is necessary, it should first consider whether proper care could be given with the child staying within his/her family with the proper supports being provided by the HSE.
Section 4 of the Child Care Act 1991 allows the HSE to take a child into voluntary care with the consent of the parents where the child’s care and protection requires it.
Section 5 of the Act obliges the HSE to deal with homeless children and provide them with “suitable accommodation”.
Children in emergency situations
Both the HSE and the Gardai have extensive powers to protect children in emergency situations. Section 12 allows the Gardai to remove a child to safety where there are reasonable grounds for thinking that there are immediate and serious risks to the welfare or health of the child. When this occurs and the child is not returned to his/her custodian/guardian, the HSE is then obliged to make an application for an emergency care order in the District Court.
This emergency care order will see the child being placed in the care of the HSE for up to 8 days. An appeal to the making of an emergency care order does not stay the operation of the order made.
The HSE and care proceedings
Part IV of the Act covers the role of the HSE in situations where the child is thought to be in danger. If the HSE considers tha