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149
the child’s health, development or welfare has been or is being
(b)
avoidably impaired or neglected; or
the child’s health, development or welfare is likely to be avoidably
(c)
impaired or neglected; and
the child requires care or protection which he is unlikely to receive
(d)
unless the Court makes an Order.
A Judge can grant a Care Order for so long as the child remains a child or
for such shorter period as appropriate. A Judge can extend the operation of
the Care Order if the Court is satisfied that the grounds for the making of the
Order continue to exist.
When a Care Order has been granted, the HSE can:
give consent to any necessary medical or psychiatric examination,
(i)
treatment or assessment with respect to the child; and
give consent to the issue of a passport to the child, or to the
(ii)
provision of passport facilities for him, to enable him to travel
abroad for a limited period.
Section 19 – Supervision Order
A Judge can grant a Supervision Order where there are reasonable grounds
for believing that:
the child has been or is being assaulted, ill-treated, neglected or
(a)
sexually abused; or
the child’s health, development or welfare has been or is being
(b)
avoidably impaired or neglected, or
the child’s health, development or welfare is likely to be avoidably
(c)
impaired or neglected; and
it is desirable that the child be visited by the HSE.
(d)
A Supervision Order authorises the HSE to visit the child and to give advice.
A Judge can also give directions as to the care of the child, which may
require the parents of the child or a person acting in loco parentis to
cause him to attend for medical or psychiatric examination, treatment or
assessment at a hospital, clinic or other place specified by the Court.
A Supervision Order can be granted for up to 12 months.
It is a criminal offence to fail to comply with the terms of a Supervision Order
or any directions given by a Court.
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Part VI: Children in the care of health boards
Section 37 – Access to children in care
The HSE must provide reasonable access between a child in care and a
parent or any person who has a bone fide interest in the child.
Section 47 – Application for directions
The Court of its own motion or on the application of any person can make
directions with regard to the welfare of the child. This Section is frequently
used with regard to medical consent or consent to the issue of passport
facilities.
GUARDIANSHIP OF INFANTS ACT 1964
The Court may give directions on issues such as guardianship, custody,
access or maintenance. A guardian can apply to the Court for directions on
any question affecting the welfare of their child. Welfare means the religious,
moral, intellectual, physical and social welfare of a child.
Entitlement to guardianship
Parents are married:
Mother and father are legal guardians
Parents are not married:
Mother is legal guardian. Father can become legal guardian by agreement
(completion of sworn declaration) or by Court order.
Miscellaneous
Both parents remain the child’s legal guardian upon divorce even if the
•
child is not living with them and they have not been awarded custody
of the child.
A further guardian can be appointed on the death of a guardian by will
•
or by Court order.
Adoption transfers guardianship rights from the natural parents to the
•
adoptive parents.
The HSE are not guardians of children in care.
•
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151
CHILDREN ACT 2001
The Children Act 2001 provides a framework for the juvenile justice system
and also provides protection for children against persons who have the
custody, charge or care of them.
Section 76B – Request to the HSE to be represented in the
proceedings
The Court may request the HSE to be represented in criminal proceedings
involving a child where it appears to the Court that the HSE may be of
assistance to it in dealing with the case.
Section 77 – Request for HSE to convene a family welfare
conference
The District Court can request the HSE to convene a family welfare
conference if in the Court’s view it is practicable for the HSE to hold such a
conference having regard to the age of the child and his or her family and
other circumstances.
Section 91 – Parental attendance at Court
The parents or guardian of a child are required to attend at all stages of any
proceedings unless excused by the District Court.
Section 246 – Cruelty to children
It is an offence for any person who has the custody, charge or care of a child
wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or
procure or allow the child to be assaulted, ill-treated, neglected, abandoned
or exposed, in a manner likely to cause unnecessary suffering or injury to the
child’s health or seriously to affect his or her well-being.
CHILD CARE (AMENDMENT) ACT 2011
The Child Care Amendment Act 2011 was passed at the end of July 2011
and is awaiting commencement. It gives the High Court statutory authority
to deal with applications to detain children in Special Care. It sets out a
comprehensive framework for those applications, as well as detailing the
interaction of Special Care Orders with Criminal Courts dealing with children’s
cases. In particular, it sets out that the HSE is not prevented from applying for
a Special Care Order where a child is charged with a criminal offence.
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Appendix 2: Checklist for multi-agency contribution
Buckley et al (2006), in their report Framework for the Assessment of
Vulnerable Children and Families: Assessment Tool and Practice Guidance,
state that multidisciplinary work is regarded as fundamental to good practice in
child protection and welfare. The authors list the practitioners and services that
may be involved with a child and family, and the type of information they can
provide.
Child Care Worker (Community and Residential)
History of involvement in the family
Interaction with parents
Child’s developmental, educational, health, emotional and social needs and abilities
Child’s perspective on family difficulties and means of coping
Child’s care history
Child’s feelings and wishes for their family
Child’s likes and dislikes
Child’s relationship with parents/carers and sibling(s)
Child’s support networks and friendships
Child’s willingness to engage with practitioners and services
Child’s school attendance and opinion of school
Early Years/Nursery Staff
Physical health of child
Emotional well-being of child
Developmental milestones child has or has not reached
General appearance of child
Child’s way of playing
Child’s ability to perform tasks
Child’s level of appropriate social skills
Parent/child interaction
Parent/child relationship, including separation issues and how that relates to
attachment
Parenting skills
Parent’s ability to follow advice given regarding children’s needs
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Dentist
Information on suspected or confirmed physical trauma or dental trauma
History of involvement with the family
Family’s willingness to engage with services
Parent/child interaction
Community Pediatrician
Medical history of child, including hospital admissions
History of involvement with the child and family
Post-mortem investigation of fatalities of children
Family’s previous contact with services in the hospital and the community
Clinical and forensic evidence of child abuse
Social Workers (Health Service Executive)
History of involvement with the family
Information regarding current and past difficulties within the family
Information regarding past interventions and outcomes with the family
Information regarding the involvement of other disciplines with the family
Family’s pattern of functioning
Needs of the children
Parental issues and capacity
Support networks available to the family
Access to the family home
Interactions and relationships between parents/carers and children
Allegations and incidents of abuse
Notifications
Care history of the children
Family Support Workers
History of involvement with the family
Parental issues and parental capacity
Difficulties within the family
Children’s experience of family life
Children’s means of coping with family difficulties
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Children’s attendance at school and ability to do homework
Children’s support networks and friendships
Relationship and interactions between children and parents/carers
Parents/carers’ supervision of children
Children and family’s support networks
Information regarding the involvement of different disciplines within the family
Family’s openness to practitioners and services
Financial and budgetary situation of the family
Employment history of carers
Information regarding the family from the local community
Drugs/AIDS/Alcohol Services
History of involvement with family
Past and current parental drug and alcohol use
Parental HIV and AIDS status
Parents’ ability to protect their children from HIV infection where relevant
Children’s HIV and AIDS status
Parental capacity to meet the needs of children
Interaction and relationships between parents and children
History of intervention with family and what has worked
Family’s willingness to engage with practitioners and services
Community Welfare Officer
History of contact with the family
Interaction between parents/carers and children
Access to family home
Information regarding difficulties within the family
Information regarding support networks
Information regarding the family from the local community
Financial situation of the family
Current benefits
Employment history of the parents/carers
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Gardaí
Past and current involvement with family and extended family
Previous notifications to or from the Health Service Executive
Reports of maltreatment
Knowledge of issues related to aggression, assault, addiction, mental health issues,
etc.
Knowledge of relevant orders, e.g. Barring Order, Safety Orders
Radiographer
Information on the type, frequency and number of injuries sustained by a child
General Practitioner/AMO
Physical and emotional development of child and carers
Medical history
Access to family home
Parenting issues and their impact on parenting capacity, e.g. alcohol use,
mental health, learning disabilities
Pattern of contact with GP and medical services
Information regarding what interventions worked in the past
Current and past use of medication
Impact of medication on parental capacity
Any potential health risks
Psychiatric Services
History of contact with parent and family
Information regarding family history and needs of the children
Psychiatric diagnosis
Possible impact of condition on parenting capacity
Previous psychiatric history and the impact on parenting capacity
Treatment progress
Compliance regarding taking medication and impact on parenting of taking/
not taking medication
Attendance at appointments
Availability and take-up of services other than medication
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Availability and take-up of family and community supports
Emotional availability to children
Emotional stability
Interaction with children
Psychologist/Counsellor
History of contact with parent and family
Information regarding family history and needs of the child
Level of cognitive and adaptive functioning
Psychological effects of maltreatment
Emotional and behavioural issues
Mood
Levels of self-esteem
Psychological formulation and conceptualisation of the situation
Feelings about the situation
Social contacts
Learning potential and need for additional support
Information regarding what intervention worked in the past
Interaction between parent and child
Social Workers (Maternity and General Hospital)
History of hospital admissions of parents/carers and children
Difficulties within the family
Health and medical needs of the children
Interactions and relationships between parents/carers and children
Initial bonding between mother and newborn baby and involvement of father
History of teenage pregnancies within the family
Disability Services
History of involvement with family
Information regarding disability and abilities of child
Parent/carer’s ability to understand and respond to the child’s needs
Impact of the disability on the family
Family’s ability to access the services that they require
Family’s view of quality of services provided
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Availability of services to meet child’s particular need
Financial implications of the disability for the family
Availability of respite care
Support networks available to the family
History or incidences of abuse
Physiotherapist
Gross motor development and analysis of cause of delay or abnormality
development
Parental capacity regarding handling skills, general physical and play stimulation of
the child development
Signs of non-accidental injury
Parenting skills
Attendance at appointments
Occupational Therapist
Child development
Development of functional performance
Child’s ability to interact with his/her physical and social environment
Parent’s understanding of child’s performance problems
School
Educational ability, development and progress
Socialisation and behaviour with peers and adult staff
Play
Participation in social/leisure activities during and after school
Emotional development, including self-esteem, self-worth, withdrawn/aggressive
Liaison with home – is a home/school liaison teacher or education and welfare
officer involved?
Contact and relationship between the school and parent(s)
Knowledge of siblings
History of contact between the family and the school
Child’s ability to concentrate at school
Completion of homework satisfactorily to deadlines
Whether the child has appropriate books and equipment
Whether the child has a school lunch and whether it is nutritious
Whether the child is hungry or tired at school
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What the child says at school about home
How the child is after the weekend
How the child feels about school
Any notable changes in the child’s behaviour
Whether the child is collected from school, if age-appropriate
Public Health Nurse
Medical history
The child’s developmental history
Information on deviations in normal development
Birth history
Attachment to carers
Immunisation take-up
Attendance at clinic and other appointments
The parents’ physical and emotional well-being
Information regarding parents’ upbringing
Parental skills
Roles taken on by parents and others in the child’s life
Impact of parenting issues on parenting capacity
Family’s current and past history of engaging with services
Access to and information regarding the home environment and family life
Information from neighbours, extended family and friends in the community
regarding the family
Involvement of extended family members and the existence of support networks
Information on the development of siblings
Observations of the health and well-being of children in the home
Referrals made
Voluntary Organisations (service-specific)
History of involvement with family
Information regarding the difficulties and needs of children and parents/carers
Family’s willingness to engage with statutory services
Family’s support networks
Family’s way of coping with difficulties
Documents you may be interested
Documents you may be interested
