Legislation which pertains to issues arising regarding childcare is the Childcare Act 1991 and the Children’s Act 2001.
The Childcare Act 1991 provides for the protection of children in emergencies. The Gardai are empowered to take a child to safety and the legislation provides for the making by the Courts of Emergency Care Orders. Care Proceedings can be initiated by local Health Boards and it is their duty to institute Proceedings seeking Care Orders – Supervision Orders in respect of children that are at risk.
The welfare of the child is paramount. The Court also can appoint a Guardian at Ad Litem in respect of the child. The Court also has the power to procure Reports on children to ascertain what is in their best interest/welfare. The Childcare Act of 1991 also provides for accommodation and maintenance of children in the care of the Health Boards and it also provides for access by parents to children in care.
The Childcare Act of 1991 also provides for supervision of pre-school services and children’s residential centres.
The Childcare Act 1991 states that it is the function of every Health Board to promote the welfare of the children in its area who are not receiving adequate care and protection.
In the performance of this function, the Health Board has to take such steps as it considers necessary to identify children who are not receiving adequate care and protection and co-ordinate information from all relevant sources relating to children in its area.
