Dáil Éireann Debate, Wednesday - 27 May 2026
187. Deputy Réada Cronin asked the Minister for Children, Disability and Equality the circumstances in which Tusla would decide to appeal a full care order passed down by a judge; and if she will make a statement on the matter. [40669/26]
Amharc ar fhreagraIn the performance of its functions under the Child Care Act 1991, as amended, Tusla is required to regard the welfare of the child as the first and paramount consideration.
Care orders may be made of a specific period of time (interim care order) or until the child turns 18 (full care order). Full care orders are governed by section 18 of the Child Care Act 1991. It provides that a care order must be applied for by Tusla, the Child and Family Agency.
Under Section 18 of the Child Care Act 1991, the District Court can grant a Full Care Order if it is satisfied that a child requires care or protection that they are unlikely to receive unless the order is made. Specifically, the court must be satisfied that:
• the child has been or is being assaulted, ill-treated, neglected or sexually abused, or
• the child's health, development or welfare has been or is being avoidably impaired or neglected, or
• the child's health, development or welfare is likely to be avoidably impaired or neglected.
Given that Tusla apply for the full care order, it would not be for Tusla to appeal when the Court has made such an order.
