Reform of guardian ad litem arrangements in child care proceedings

The Child Care (Amendment) Act 2022, which provides for reform of the guardian ad litem (GAL) system, was signed into law on 19 July 2022.

The passing of this legislation enables the Minister to establish a new national GAL service within an Executive Office of the Department. This will be done on an interim basis with a view to longer-term arrangements being made within the new specialised family justice system. This national GAL service will provide a high quality, standardised service to children and young people who are the subject of child care proceedings.

Preparatory work related to the opening of the Office is ongoing.

Key provisions of the Act

Some of the main provisions of the Act are as follows:

• Creates a presumption in favour of appointment of a GAL in proceedings before the District Court and provides for mandatory appointment in special care cases before the High Court.
• Sets out the process whereby an individual GAL is assigned to a child care case and specifies the role and status of a GAL.
• Gives the Minister the power to make regulations on the qualifications and experience required to act as a GAL.
• Provides for a transition period in the first year of operation of the Executive Office to provide for a seamless transition from the current system to a new model of provision.
• To ensure the voice of children and young people is always at the heart of proceedings, the Act also provides that where a child is capable of forming their own views, the court must determine how to facilitate the child in expressing those views. The court will be required to give any views that the child wishes to express due weight, having regard to the child’s age and maturity.

For more information, see the press release announcing the enactment of the Act.

Government approval was granted on 04 October 2021 for the drafting of the Child Care (Amendment) Bill 2022. The full text of the 2022 Bill and information on its progress through the Houses of the Oireachtas can be found on the Houses of the Oireachtas website. A previous, broadly similar bill, had fallen with the dissolution of the Dáil in February 2020. The full text of the 2019 Bill and information on its progress through the Houses of the Oireachtas can also be found on oireachtas.ie.

These Bills were the culmination of extensive stakeholder consultation and pre-legislative scrutiny of both the 2017 General Scheme and the updated 2021 General Scheme.

The views and opinions of children and young people who are or who have been involved in child care proceedings are crucial to informing the shape of the new service. The Department carried out consultations with children and young people in 2019. These consultations will inform the design of the GAL National Service.

The then Department of Children and Youth Affairs held a public consultation from 12 October 2015 to mid-December 2015 on key areas of reform.

The consultation paper advised of the Department’s intention to publish the responses received. Read the responses received.