Mental Health Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2026-01-28
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Victor Boyhan (IND), Agricultural Panel

Yes, I am talking about amendment No. 234, which is on page 29 in the list of amendments. It relates to the section dealing with the discharge of involuntarily admitted children. We are talking about the role of a parent, guardian or representative of a child, there being various degrees of involvement depending on sets of circumstances. I note the Minister of State's comment that in drawing up many of these amendments, she engaged extensively with the Department of children. The amendment refers to "[providing] the child with all relevant information from the child's care plan prepared in accordance with section 180 " and information regarding same. I would like some clarity on that.
On page 30, the amendment refers to "where the child is the subject of a care order, a voluntary care arrangement, an emergency care order, an interim care order or a supervision order". We have talked about these different orders. It is quite complex and there are a number of options. The amendment goes on to talk about the importance of a care plan. That is all perfect if everyone is on the same page regarding the care plan and if the child's parent or guardian is fully aware of the care plan and is briefed fully in relation to it.
This is a very long amendment. On page 31, it states: "Where a child the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order is discharged under this section, he or she shall be released into the care of the Agency." This is an issue I would like to get a better handle on because we hear of so many cases where there is not quite that ease of transition in respect of a care order. As we said earlier, it is about empowering the individual concerned in relation to these matters. When considering a child in State care or another form of detention, and bearing in mind there are many forms of care and many places other than the home place, the Minister of State has reassured us by saying she has talked to the Department of children and that it is on board, which is interesting.
I do not know whether she had any engagement with the Ombudsman for Children on this particular amendment but I know he is highly sensitive to issues to do with all children, which is his remit, up to the age of 18. There must be an emphasis on the importance of the multidisciplinary integration of care orders and ensuring that the children and their parents or guardians are fully versed in that and there is that engagement. I would like greater clarification - if not today, then by way of a simple memorandum - on how all of that relates to the various State agencies. We have Tusla, residential institutions, children committed for various reasons through the courts, children in either short-term or long-term foster care, adoption, placement orders and so on. It is very complex and particularly so when children have had many moves as part of their care. We know it is an area where children have fallen through the cracks historically. I do not particularly want to mention individual names or cases here, because that is not appropriate, but those cases are known to us. Some of those children died under terrible circumstances. When we look back at the evidence, including the coroner's reports, we see issues in terms of mental health and who was responsible for and taking care of the child.
I do not want to place blame on anyone in respect of historical cases. What I want to know is whether there is any way, through this legislation, to strengthen that element. I am saying there must be stronger continuity in the engagement in the various processes in order that no child falls through the lines and that all stakeholders involved are aware of, and fully versed in, the care plan. That is the point I am making.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-01-28/debate/main
Retrieved: 2026-08-14T04:54:33+00:00
Sitting date: 2026-01-28