Press release
Minister Zappone publishes Guardian Ad Litem Bill
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
The Minister for Children and Youth Affairs, Dr. Katherine Zappone TD, has published the Child Care (Amendment) Bill 2019. This Bill addresses significant inadequacies in existing Guardian ad litem (GAL) provisions under Section 26 of the Child Care Act 1991. Its objective is to regulate the existing ad hoc system of Guardian ad litem appointments and to extend the system so that it benefits the greatest number of children and young people.
Guardians ad litem are appointed by judges in child care proceedings. Their role is to independently establish the wishes, feelings and interests of the child and present them to the court with recommendations.
Minister Zappone said:
“I am pleased to announce the publication of the Child Care (Amendment) Bill 2019 which provides for the establishment of a new national Guardian ad litem service within an Executive Office of my department. The Bill provides for a presumption in favour of the appointment of a Guardian ad litem to all children and young people in child care cases. This will ensure that a child’s view is always effectively conveyed to the Court in child care court proceedings."
“This Bill is the culmination of the government’s commitment to review existing Guardian ad litem provision. It significantly improves upon existing legislation in ensuring that the rights of all vulnerable children are upheld in child care proceedings. In parallel with progressing the necessary legislative reforms, I intend, with the assistance of relevant stakeholders, to consult with children and young people over the coming months on the type of Guardian ad litem service to be provided. This will inform procedural aspects of the new service."
“This Bill gives me the statutory basis to put in place a high quality, and sustainable Guardian ad litem national service within my department and to ensure that all children in child care proceedings get the opportunity to have their voice heard and due consideration is given to their best interests.”
The Child Care (Amendment) Bill 2019:
ENDS
Guardians ad litem (GALs) are appointed by judges in child care proceedings under Section 26 of the Child Care Act 1991, as amended. It is intended that GALs will enhance the decision-making capacity of the court in child care proceedings. The role and core functions of the Guardian ad litem will be to inform the court of any views which the child wishes to express and to advise the court on what, in his or her professional opinion, is in the child’s best interests.
Guardian ad litem arrangements for children who are the subject of public law child care proceedings are currently provided for under section 26 of the Child Care Act 1991, which was commenced on 31st October 1995.
The role of the Guardian ad litem is to independently establish the wishes, feelings and interests of the child and present them to the court with recommendations.
In this regard, the Guardian ad litem gathers information about the child’s situation and gives the child information about the court process. The Guardian ad litem engages with the child to ascertain his or her wishes and feelings. They consult with social workers, parents, carers and others regarding the child. They attend welfare conferences and reviews, meetings in court and case conferences. They promote the child’s wishes, interests and rights within the court arena.
There are currently in the region of 75 Guardians ad litem operating across Ireland.