2905. Deputy Grace Boland asked the Minister for Children, Disability and Equality whether her Department has considered introducing a requirement for judicial oversight in circumstances where a child has been accommodated in voluntary care for an extended period before a voluntary care arrangement can come to an end; and if she will make a statement on the matter. [61082/26]

2906. Deputy Grace Boland asked the Minister for Children, Disability and Equality the procedures that apply where a parent withdraws consent to a voluntary care arrangement; whether her Department has examined the impact of such withdrawals on a child's welfare and placement stability; and if she will make a statement on the matter. [61081/26]

2907. Deputy Grace Boland asked the Minister for Children, Disability and Equality if she has considered the recommendation of the Ombudsman for Children to introduce a statutory 12-month time limit on voluntary care arrangements as part of the Child Care (Amendment) Bill 2025; and if she will make a statement on the matter. [61079/26]

2917. Deputy Grace Boland asked the Minister for Children, Disability and Equality whether her Department has undertaken research or assessment of the impact on children of moving from long-term foster placements following the withdrawal of parental consent to voluntary care arrangements; and if she will make a statement on the matter. [61084/26]

2972. Deputy Grace Boland asked the Minister for Children, Disability and Equality whether consideration has been given to providing an independent review mechanism for children accommodated under voluntary care arrangements; and if she will make a statement on the matter. [61080/26]

I propose to take Questions Nos. 2905, 2906, 2907, 2917 and 2972 together.

A child may come into the care of the State on the basis of a voluntary agreement between their parents and Tusla. Such arrangements may be the most beneficial option where a parent may be unable to care for their child for a period of time, and where it is preferred to avoid potentially difficult or adversarial court proceedings associated with court-ordered care, which could impact the partnership and supportive relationship between social workers and the family. A parent may object to the arrangement at any time, requiring Tusla to return the child to the care of the parent. Children in voluntary care are placed in residential care, foster care, or other settings under Section 36 of the Act in the same way as children in court-ordered care.

The Department is advancing proposals in the Child Care (Amendment) Bill 2025 in order to reform practices relating to voluntary care. Section 6 of the Child Care (Amendment) Bill 2025 replaces section 4 of the 1991 Child Care Act. The revised section:

• Introduces positive consent as the basis for voluntary care;

• Set out that parents must be clearly informed of the purpose and duration of care arrangements and of their right to withdraw consent;

The revised provisions emphasise that a voluntary care arrangement is put in place as a temporary measure, based on the assumption that the parent or person acting in loco parentis will resume care of the child within a reasonable period of time.

Tusla must provide information in writing to the parent or person acting in loco parentis on how the voluntary care arrangement will operate, with the aim of supporting better informed parental consent. This includes information about Tusla’s obligations under this section, the purpose and intended duration of the arrangement, and the giving and withdrawal of consent. New provisions have also been made in section 29(b) of the Bill regarding the publication of information on voluntary care and other orders for parents by the Child and Family Agency.

Where consent to a voluntary care arrangement is withdrawn, but there are serious concerns for the health or welfare of the child, Tusla may apply for an emergency care order according to the process outlined in subsection 12(4) of the 1991 Child Care Act. The court sitting to hear the application for the emergency care order must occur within three working days of the date consent is withdrawn, and the child may remain in the voluntary care placement while that application is in progress.

The provisions of the Bill do not specify a maximum period for which a child may be held in voluntary care.

The inclusion of a limit on duration of voluntary care was considered during drafting and discussed during pre-legislative scrutiny of the General Scheme of the Bill, and the Department concluded that flexibility for families and for Tusla was a key feature of voluntary care and was essential to successful family reunification in complex cases where sufficient time is required for safety planning and to address complicating factors such as mental health difficulties, and where a hard time limit may put additional pressure on families.

Rather than introducing a strict limit on the duration, the Bill will instead strengthen the oversight and review mechanism for voluntary care arrangements by mandating formal reviews at minimum every six months, to address the risk of drift and ensure voluntary care remains a temporary measure as it is intended.

The provisions of the Bill set out that Tusla must review a voluntary care arrangement not less than every six months, to consider if there is a reasonable prospect of family reunification or whether it is in the child's best interests for application to be made for another type of care order.

Reviews of this nature would include consideration of the child’s long-term care plan and whether it is in their best interest for the voluntary care arrangement to cease, either because the child can safely return to their family, or because an application for a more formal care order should be made.

These regular reviews are intended to mitigate the risk of drift and to ensure that, where a voluntary care arrangement remains in place, it is determined to be in the best interests of the child.

In addition, the Bill includes a number of provisions which will strengthen oversight of voluntary care arrangements through the introduction of:

• A requirement for better informed parental consent, supported by publication of information for parents by the Child and Family Agency;

• Regular reviews of voluntary care arrangements every six months;

• Through the guiding principles, enhanced provisions around consideration of best interests of the child in decision-making.

The provisions outlined above, paired with existing regulatory and review mechanisms, are intended to be sufficient to promote accountability in the use of voluntary care arrangements. Tusla is also subject to external oversight by HIQA, through inspection against national regulations and standards.