Child Care (Amendment) Act 2022 signed into law to strengthen the voice of children in child-care proceedings

Child Care (Amendment) Act 2022 signed into law by the President on 19 July 2022
Child Care (Amendment) Act 2022 will regulate and extend the guardian ad litem system so that it benefits the greatest number of children and young people in child care proceedings
guardians ad litem (GALs) enhance the decision-making capacity of the court by advising on a child’s best interests and conveying the views of the child to the court
Child Care (Amendment) Act 2022 will ensure the best interests of children and young people in child care proceedings are always met by ensuring their voices are heard

The Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, is pleased to announce that the Child Care (Amendment) Act 2022, which provides for reform of the guardian ad litem (GAL) system, has been enacted.

The legislation was signed into law by the President 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 on an interim basis with a view to longer-term arrangements for the Office being made within the new specialised family justice system. The principal aim of the Office will be to offer a national GAL service that will provide a high quality, standardised service to all children and young people who are the subject of child care proceedings.

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

Speaking on the new law Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, said:

“The passing of this legislation is a key measure in fulfilling the government’s commitment to reforming the existing guardian ad litem system. The Act strengthens both the voice of the child in child care proceedings and the emphasis on the child’s rights and best interests.

“My department will continue to work with stakeholders during the preparatory phase of setting up the new Executive Office to ensure that children’s best interests are served in child care proceedings."

Notes

When commenced, this Act will replace section 26 of the 1991 Child Care Act, which currently provides for the appointment of a GAL in child care proceedings where a child is not a party to those proceedings and where the court is satisfied that it is necessary in the best interests of the child and in the interests of justice to have a GAL appointed.

The main purpose of the Child Care (Amendment) Act 2022 is to replace the existing provision in Section 26 of the 1991 Child Care Act. The overall objective is to ensure that the GAL service can be provided for all children and young people, so that their voices can be heard in child care proceedings and that this service will be of high quality and sustainable into the future.

The role and core functions of the GAL 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.

While this Act amends relevant sections of the Child Care Act, the Act as a whole is currently under review by the department. DCEDIY hopes to be in a position to bring the General Scheme of a Bill to amend the Child Care Act to Government for approval by the end of this year.