Consultation on proposals to amend the 1991 Child Care Act

On 23 July 2020 the Minister announced the launch of an online consultation on the review of the Child Care Act 1991. This consultation, which runs to 11 September, invites comment on a number of initial proposals to amend the legislation.

The consultation paper may be found here.

The Child Care Act 1991 is the key piece of legislation whereby the State, as a last resort and for the common good, may intervene to supply the place of parents as provided for under Article 42A.2.1. Although the Act has undergone some amendment (such as to make provision for special care), many of its key provisions have been in place for 25 years. Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People contains a specific commitment – under the outcome of children being safe and protected from harm - 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 is seeking to ensure that this review results in a child-centred structure, where:

• The child’s best interests, welfare and protection are paramount;
• Children’s rights are respected and vindicated; their views are heard and given due weight;
• Families are listened to, supported and empowered to raise their children in a caring, nurturing and supportive environment; and
• Implementation and best practice are supported through collegiate interagency working, based on clear principles and robust operational protocols and systems.

The Department has consulted extensively with stakeholders, has developed proposals covering a number of key areas of the Act and is now inviting comment on these from interested parties.

1. All queries and submissions should be sent to ChildCareAct1991@dcya.gov.ie

2. Interested organisations and individuals can make submissions from today until 11 September 2020.

3. Background information to the Review of the 1991 Act including information on the public consultation to date is available at Review of the Child Care Act 1991