Press release
Landmark review of the Child Care Act 1991 receives approval to be drafted
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
Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, has today (19 April) announced government approval to draft the Child Care (Amendment) Bill 2023.
The Bill, when enacted, will revise and update the 1991 Act to better reflect changes in child welfare and protection services in Ireland in the 30 years since enactment of the 1991 Act, as well as capture current legislative, policy and practice developments.
The Bill will also revise and update the regulation of early learning and childcare services.
The development of the Bill was informed by significant engagement and consultation with stakeholders to collect their views on the legislation including through public consultations, written submissions and a number of consultation events. This included extensive engagement with Tusla on subjects covered by the 1991 Act.
Some of the most significant areas of change proposed are as follows:
Welcoming the announcement, Minister O’Gorman said:
“The Child Care Act 1991 was a transformative piece of legislation, helping to promote the protection of children. We want to build on that, making the Act more child-centred, and taking account of the many societal and legislative changes since 1991 including the establishment of the Child and Family Agency, Children First legislation and the children’s referendum.”
The General Scheme will now be referred to the Office of the Attorney General for priority drafting of the Bill. The text of the Bill will be finalised as a matter of priority and it is intended to progress the legislation through the Houses of the Oireachtas in the coming months.
The Child Care Act 1991 is the primary piece of legislation regulating child care (alternative care) and child protection policy in Ireland. The 1991 Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not be receiving adequate care and protection.
The Act covers the following main areas:
1. Promotion of the welfare of children through family support, child protection and welfare interventions;
2. Emergency measures when children are at immediate risk;
3. Taking children into care through:
a. agreement (voluntary care), and
b. court orders;
4. Providing appropriate care for children in the care of Tusla, the Child and Family Agency, including issues such as access arrangements and aftercare support for care leavers, and regulations made under the Act in relation to foster care, residential care and placement with relatives.
5. Regulation of early years services in Part VIIA.
The department has consulted widely with stakeholders in a number of events, written submissions and bilateral meetings since 2017, commissioned research on a number of themes and engaged extensively with Tusla. This process has been documented.