Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Questions— 14 February 2012. Written Answers
The HSE also published a supporting Child Welfare and Protection Practice Handbook for
all its staff in order to support the drive for greater consistency in terms of the application of
Children First across the system.
Separately, my Department is developing legislative proposals to make compliance with Children
First a statutory obligation. The legislation will reflect a broad based approach to compliance
with obligations extending beyond reporting to one of safeguarding children at risk and
the objective will be to ensure the greater protection of children by strengthening the existing
system for reporting and responding to suspected child abuse.
Putting Children First on a statutory footing was a key recommendation of the Ryan Report
and went hand-in-hand with other recommendations including the commitment to recruit
additional child protection social workers. These posts will significantly strengthen the capacity
of the state’s child protection and family support services. The Ryan report also recommended
improved induction training for graduate social workers including a reduced caseload in their
first year of practice.
I am also working very closely with my colleague the Minister for Justice, Equality and
Defence, Alan Shatter TD, who is sponsoring two additional pieces of legislation which will
see the vetting of those working with children put on a statutory footing, and which will also
provide for penalties for those withholding information relating to the commission of child
abuse. The effect of these legislative changes will see a significantly strengthened framework
to better protect children at risk.
The legislative changes are being matched by a strong and parallel focus on the reform of
child welfare and protection services. This will lead to the establishment of the new Child and
Family Support Agency, to which the Government is committed. This process is being assisted
by the work of the Task Force which I established in September, 2011 and which met for the
eleventh time last week. The establishment of the new Agency is part of a wider “change
agenda”, which is aimed at strengthening the organisational capacity, business processes and
systems necessary to deliver safe and reliable child protection services in line with Government
objectives.
Children in Care
90. Deputy Sandra McLellan asked the Minister for Children and Youth Affairs if she intends
to direct the Health Service Executive to expand the guardian ad litem service. [8074/12]
Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Appointment of a
guardian ad litem (GAL) is provided under section 26 of the Child Care Act 1991. Under this
provision, 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.
Section 26 also provides that the costs incurred by any person acting as a guardian
ad litem shall be paid by the HSE. I should point out that neither I or the HSE has a role in
the appointment of guardians. This is a matter for the courts.
There is a commitment in the Ryan Implementation Plan to engage with colleagues to agree a
future policy for management and funding of the service. My Department is currently reviewing
provision of GAL services having regard to previous reports and current data on demand.
Officials are working closely with the HSE in this regard with a view to establishing the most
appropriate arrangements for the future organisation and delivery of this service. Preliminary
discussions have also taken place with the Department of Justice, Equality and Defence in
relation to this matter.
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