Review of the Child Care Act 1991 –Background note and template for written consultation

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Review of the Child Care Act, 1991

Call for written submissions

Context:

The Department of Children and Youth Affairs has commenced a review of the Child Care

Act 1991. The 1991 Act is a wide-ranging piece of legislation which, at its core, seeks to

promote the welfare of children who may not receive adequate care and protection. The

legislation covers the following main areas:

Promotion of the welfare of children, including the relevant functions of the Child and

Family Agency

Protection of children in emergencies, including section 12 which governs the powers

of An Garda Síochána to take a child to safety

Care proceedings, including the different types of care orders which can be made by

a court

Children in need of special care or protection

Private foster care

Jurisdiction and procedure, including provisions for the appointment of a guardian ad

litem for a child and the in camera rule

Children in the care of the Child and Family Agency

Supervision of preschool services and

Children’s residential centres.

Better Outcomes Brighter Futures – The National Policy Framework for Children and Young

People 2014-2020 commits to ‘review and reform, as necessary, the Child Care Act 1991’.

The purpose of the review is to:

- Identify what is working well within the legislation including its impact on policy and

practice

- Address any identified gaps and new areas for development

- Capture current legislative, policy and practice developments

- Building on those steps, revise the original legislation.

The Department has now commenced the public consultation process on this important

piece of legislation. It is working closely with Tusla, the Child and Family Agency, to identify

areas for improvement and reform under the 1991 Act. The Department held a successful

Open Policy Debate on the review of the 1991 Act in Dublin Castle on 5th September 2017

where the implementation of the current Act was discussed with reference to three key

themes: supporting families and children, listening to the voice of children and inter-agency

work. The report of the day, as prepared by an independent rapporteur, has been published

on the Department’s website see:

(https://www.dcya.gov.ie/documents/legislation/20171212ReportFindingsOpenPolicyDebate

ReviewCCA1991.PDF)

Calls for submissions

The Department is inviting submissions and additional written documentation from interested

groups/individuals regarding how best to reform and revise the 1991 Act.

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The Child Care Act, 1991 can be accessed at this link. You may wish to consult the

exploratory memorandum and a list of useful resources at the website here.

Format of submissions

Please provide a separate covering letter that outlines your name, the name of the

organisation you represent your position within that organisation and your contact details.

Your submission should include a brief introduction explaining the basis for your/your

organisation’s interest in the review of Child Care Act 1991.

Furthermore, you are asked to provide commentary and recommendation with reference to

the main parts of the Act as follows:

Promotion of welfare of children

Protection of children in emergencies

Care proceedings

Children in need of special care or protection

Private foster care

Jurisdiction and procedure

Children in the care of Child and Family Agency

Supervision of pre-school services

Children’s Residential Centres

Administration, Miscellaneous and Supplementary

Where you think a new part is necessary, please include this within the section ‘New parts’.

You are not required to comment on all parts/sections of the Act.

Please ensure that you specify the section(s) of the Act in your examination as may be

relevant. When preparing your submission, please consider the following points:

Existing provisions which are particularly strong and should be retained

Existing provisions which should be improved or strengthened

Existing provisions that should be removed, amended or replaced

New areas that might be included with reference to recent legislative, policy and

practice developments

Any related legislative and policy changes that you see as necessary in the context

of reviewing the Child Care Act (e.g. Family Courts Bill)

Guidelines for the submission

The following provides further information for your submission:

The submission should contain any factual information that supports your

conclusions and recommendations.

The submissions should provide a rationale for the proposed changes and new

provisions

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Comments and suggestions should be as specific as possible. However, there is no

requirement to propose alternative legislative text as long as recommendations are

clear.

Relevant information to illustrate how the legislation is currently implemented is

considered beneficial.

References to cases where individuals may be identified should be avoided.

Operational changes may be suggested. However, recommendations with no

implications for the legislation will be passed on to relevant officials/organisations for

their considerations.

References to written publications and data are welcome; however, it is enough to

provide a link to relevant publications when available, and it is not necessary to

attach copies of the publication or datasets in that case.

Please note that the reform of current Guardian ad Litem arrangements is being

progressed separately to this review and has already been the subject of public consultation.

Section 26 is therefore excluded from this call for submissions and it is not necessary to

provide any comment on Section 26 in this call for submissions. See link for detailed

information on these reforms.

Any query regarding submissions should be sent to ChildCareAct1991@dcya.gov.ie .

Closing date:

Submissions should be submitted no later than 4 pm on Friday, 23rd February 2017 by

email only to the following address: ChildCareAct1991@dcya.gov.ie

Each submission will be acknowledged as it is received.

Next steps:

The Department intends to publish all submissions received on its website www.dcya.gov.ie

in due course. Please note that submissions received are subject to the provisions of the

Freedom of Information Act 2014.

The Department will carefully examine all written submissions. The findings will be

considered in the process of developing proposals.

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1. Brief introduction to the person or organisation making the submission

Caroline Joyce Managing Director of Cara International,

Cara International has run an au pair agency for eighteen years.

Extensive background working with children and families from children in care, disability,

marginal groups etc

2.1 Degree in Social Care

Currently, study a post grade in Family Support in NUI.

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2. Promotion of welfare of children (Part II)

a. Comments including rationale/supporting information

In-home Childcare service is mostly unregulated.

Childminders/au pairs working in this area are often unvetted and recruited in ad-hoc

arrangements including online websites, Facebook etc.

These arrangements can include placing children’s photos on public sites for recruitment

purposes.

The workers in these situations often do not receive their legal minimum wage and contract

of employment safeguards.

Childminders/Au Pairs can witness abuse and neglect.

Childminders/ au pairs can also cause abuse or neglect as different cultural norms exist for

discipline in other counties. Childminders/ Au Pairs often do not have any formal training

such as Paediatric First Aid, Child Protection, Child Safety and Wellbeing or Manual

Handling, Food Safety or ECCE to ensure the best care for the children in their care

It is essential that this sector of worker be provided with adequate training to best support

families and their children.

Indeed, such workers can if properly vetted, trained provide an excellent source of Family

Support to families and their children.

This sector can support families in times of crisis such as family illness, the death of a parent

and separation.

b. Recommendations

Establish au pair / childminding agency regulatory body which regulates this sector.

This sector should include a network of au pair and childminding agencies throughout the

country.

All childminders and au pairs must register with these agencies to avail of tax credits,

training etc.

All families must register with the agencies to avail of training as employers, health and

safety and to receive tax credits for employing people in the home.

In the Netherlands, a similar system exists, and there has been a significant decrease in

online placements

In New Zealand, a similar system exists where Early Childcare Home Managers train the

childminders and au pair in ECCE

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3. Protection of Children in Emergencies (Part III.)

a. Comments including rationale/supporting information

b. Recommendations

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4. Care proceedings (Part IV)

Comments including rationale/supporting information

b. Recommendations

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5. Children in Special Care and Protection (Part IV.A)

Comments including rationale/supporting information

b. Recommendations

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6. Private Foster Care (Part IV.B)

a. Comments including rationale/supporting information

b. Recommendations

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7. Jurisdiction and procedures (Part V)

a. Comments including rationale/supporting information

b. Recommendations

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8. Children in the Care of Child and Family Agency (Part VI)

a. Comments including rationale/supporting information

b. Recommendations

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9. Supervision of pre-school services (Part VII and VIIA)

a. Comments including rationale/supporting information

b. Recommendations

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10. Children’s Residential Centres (Part VIII)

a. Comments including rationale/supporting information

b. Recommendations

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11. Administration, Miscellaneous and Supplementary (Part IX and X)

a. Comments including rationale/supporting information

As outline in section 2 above

Recommendations

As outline in section 2 above

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12. New parts

a. Comments including rationale/supporting information

As outline in section 2 above

b. Recommendations

As outline in section 2 above