Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2025-12-09
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Mary Butler (FF), Waterford

I thank the Senator for that. I know it was a concern she raised last week as well. My understanding, in relation to what we are discussing in these amendments, is that they only speak to circumstances where those children, in Oberstown or other places, are accessing mental health services. That is the first point. Any more general issues with children in care, guardians ad litem , or what happens to children outside of mental health services, is beyond the scope of this Bill. It is how this Bill aligns itself with the Child Care Act 1991. Amendments to the Mental Health Bill only relate to how the children access mental health treatment. The discussion on Oberstown is beyond the scope of this Bill in itself but I get the point the Senator is making regarding children who would have mental health challenges, difficulties and disorders. There is in-reach mental health services for children in Oberstown. Children in Oberstown are not admitted under this Act. I could have this wrong and I stand open to correction on this but my understanding is that a child in Oberstown would be admitted for several reasons. I am not sure whether this Act is the reason they would be admitted to Oberstown, but what we are trying to do here is to align the cases of those who are detained or involuntarily detained with the Child Care Act 1991 to make sure there are no grey areas when a child is being supported in court under a care order. A huge amount of work has gone on for well over 12 months between both Departments in trying to make sure there are no grey areas there. However, I understand the concerns the Senator is raising. A lot of questions are being asked in relation to guardians ad litem, and their primary role is to assert and communicate the child's views to the court and to make recommendations in the child's best interest. I know issues have been raised in relation to guardians ad litem and the Minister's Department is looking at that and how they can be improved.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-12-09/debate/main
Retrieved: 2026-08-14T04:54:26+00:00
Sitting date: 2025-12-09