Where a member of An Garda Síochána has reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child, the member may under section 12 of the Child Care Act 1991 (the Act), remove the child to a place of safety and deliver the child as soon as possible to the custody of Tusla, the Child and Family Agency. Tusla may then, following an assessment, apply to a Court for an emergency care order under section 13 of the Act. An emergency care order made by a Court places the child in the care of Tusla for a period of not more than eight days.
The Act is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. The Act provides for the statutory criteria that must be met in order for a child to be removed from the custody or care of their parents, including under sections 12 or 13 respectively. Consequently, the evidential standards and proportionality thresholds as they apply to those sections are set out in primary legislation and are interpreted through the associated case law.
Court oversight of the granting of care orders, including emergency care orders, is a key aspect of upholding the rights of parents and families, and ensuring that children are taken into care only where it is found that they are unlikely to receive the care or protection they need unless a Court makes a care order in respect of that child.
While this Department does not receive specific aggregate reporting from Tusla regarding the matters the Deputy has outlined, the Department does fund the Child Law Project, which attends court proceedings in relation to children in care or coming into care, and produces anonymised reports on select cases. These reports have shed important light on topics affecting children in care, and act as a valuable resource for policy makers in this area. All of the reports of the Child Law Project can be found on its website: www.childlawproject.ie/.
Both Tusla and the Department are committed to promoting safe and high-quality practice in all areas of Alternative Care. This is achieved through the thorough application of regulations and standards that govern Alternative Care on behalf of the State, and is underpinned by the provisions of the Child Care Act 1991.