Care orders explained
The law
The State is responsible for safeguarding and promoting the welfare of children whose parents fail in their duty of care to their child. This responsibility is delegated to the Child and Family Agency under legislation – the Child Care Act 1991. The Act gives the Child and Family Agency (Tusla) statutory power and duty to protect children and to promote their welfare.
The following sections of the Act explain how the Child and Family Agency can place children in care placements. As a foster carer it is important that you know the legal status of the child in your care. Their legal status relates to a number of other issues that we will discuss later in the document including things like:
- consent
- travelling abroad.
Section 4 of the Act: Voluntary consent for a child’s care
Sometimes the birth parent or parents and legal guardians agree to their child or children being cared for by the Child and Family Agency. For example, where the parent is sick or unable to look after their child, or to allow a parent time to make any changes needed for their child to return home. As long as they give reasonable notice, a parent can remove their consent for voluntary care.
Section 12 of the Act: Power of the Gardaí
Sometimes the Gardaí believes that there is:
- “An immediate and serious risk to the health or welfare of a child.”
If so, the Gardaí may remove the child from that situation. As soon as possible, the Gardaí will deliver the child to the custody of us in The Child and Family Agency. We will either deliver the child to the custody of their parent or parents or to a person standing in for the parents (sometimes called acting in ‘loco parentis’). Otherwise, we may apply to the District Court for an Emergency Care Order.
Section 13 of the Act: Emergency Care Order:
A child may end up in the care of The Child and Family Agency where:
- “There is a serious risk to the health or welfare of the child.”
In these circumstances, we may bring the case to the District Court who may then grant an Emergency Care Order.
The District Court Judge can also direct:
- “The contact, if any, which is to be permitted between the child and any named person and the conditions under which contact is to take place.”
If removing the child from The Child and Family Agency’s care would cause a risk to the child, the court can also give directions on:
- “Any medical or psychiatric examination, treatment or assessment of the child.”
Section 17 of the Act: Interim Care Order
A District Court Judge can grant an Interim Care Order and give directions as described in Section 13. They can do this if they are satisfied:
- “The child has been or is being assaulted, ill-treated, neglected or sexually abused”
or if
- “The child’s health, development or welfare has been or is being avoidably impaired or neglected or the child’s health, development or welfare has been or is being avoidably impaired or neglected or the child’s health, development of welfare is likely to be avoidably impaired or neglected.”
Section 18: Care Order
A District Court Judge can grant a Care Order. They can give directions and use the reasons similar to those in Section 17.
Under a Care Order The Child and Family Agency will have:
- “like control over the child as if it were his/her parent(s) or guardian(s) and do what is reasonable, for the purpose of safeguarding and promoting the child’s health, development and welfare.”
The Fostering Link Worker and child’s allocated social worker / Tusla worker should tell you what the care status of the child is at the time of placement. They will also explain what this means for you as the child’s carer.
