Submission on the Child Care (Amendment) Bill 2025
EPIC has made a submission on the Child Care (Amendment) Bill. There are many positive amendments to be welcomed, particularly the establishment of a cross-government and inter-agency committee, as well as placing of a duty on relevant bodies to co-operate, including in relation to aftercare. EPIC welcomes the explicit focus on centring the best interests of the child and the voice of the child in any decision-making process about their care and in the provision of services. However, we believe that there is further scope within this Bill to enhance the legislative infrastructure supporting our care system in Ireland.
EPIC would like to see the following amendments to the Bill:
- Stronger guiding principles and explicit reference to the duty of Tulsa to provide supports to children and families identified as needing care and protection.
- All voluntary care arrangements should be reviewed by a court after one year.
- Children under voluntary care arrangements to have access to an independent advocate.
- Section 5 should be strengthened to ensure that children out of home who are not taken into care receive supports beyond accommodation, including aftercare. The section should also include stronger safeguards around reviews, age thresholds, maximum timeframes before care proceedings are initiated and independent oversight and inspection.
- EPIC is concerned about the broad delegated power to draft regulations under section 5A in relation to the accommodation of vulnerable children, including separated children, without Oireachtas scrutiny and oversight. Section 5 is not an appropriate legislative provision for the accommodation of separated children.
- The Bill should include dedicated provisions in relation to the care of separated children, to include their rights and specific needs.
- Eligibility criteria under section 45 should be expanded to include young people beyond the age of 24 where appropriate, regardless of whether the young person is in full-time education.
- The criteria for 12 months in care to meet eligibility for aftercare should be removed, with aftercare provided on a needs basis, having regard to the individual circumstances of the young person.
- This Bill is the ideal opportunity to create a right for children in care to have access to an independent advocate. This right should also extend to children accommodation under section 5.
