Promises must be kept to protect vulnerable children in care

IT has finally been recognised that children in care are one of the most vulnerable groups living in our society and that every measure possible needs to be taken to protect them.

Yet even now in our enlightened post-Ryan Report era, their rights are still being compromised due to a plethora of mind-boggling legal anomalies, and what should be easy-to-resolve issues.

We know that at the end of 2009, there were 5,334 children in care. The figures vary across the country, with the highest proportion of children in care in Dublin North-East – 60 children per 10,000 under 18 in care – and the lowest rates in the west, where 41 children per 10,000 under 18 in care.

However, there is insufficient information available to say if this is due to different levels of deprivation, to preventative programmes and family support, to staffing levels or to differing thresholds for decision-making on children coming into care.

Neither is it possible to get a national picture of children at risk because data collected by the HSE on social work referrals are not comparable across areas due to “definitional differences” – a historical problem arising from the former health boards, but which still has not been addressed by the HSE.

In many areas, though, we know social workers are unable to accept referrals where welfare is the issue because of their large workload relating to chronic neglect, or responsibilities to children already in care.

Again, the HSE has limited statistics on the length of time children spend in care, but it does know that 1,983 (43%) of children have been in care for five years or more.

The number of children with foster families as opposed to residential care is also increasing, making up 92% of the figures.

But even though many of these children may be settled in long-term care, or hope to be, they will have little chance of being adopted by their foster family until they are 18.

The Adoption Act 1988 permits the adoption of any child, without the consent of parents, in only exceptional and very limited circumstances.

In effect, the act requires that the parents of the child must have so comprehensively abandoned their parental duties that the child is unlikely ever to receive even minimal care from them.

So we potentially have 2,000 young people who may always feel that little bit removed from their foster family as it is unlikely they will be adopted. This brings with it a lack of security and permanence for the foster child.

The reason for all this is the protection afforded to the family unit in our constitution. Another anomaly is that children whose birth parents have never been married to each other are in a more favourable position. The different treatment of these two groups of children cannot be justified, either with reference to their best interests or to any notion of necessity or proportionality, according to the Ombudsman for Children.

Is the child’s viewpoint considered in all this? “Usually the process does not even get that far,” says the director of the Irish Family Care Association, Deirdre McTeigue.

Another area where again the child suffers due to the inefficiencies of the system is where the courts are requested to make a care order by the HSE. Professionals have raised the length of time it can take to secure an order in this situation – in some cases, it is reported, it can take up to two years.

Such cases may be delayed due to decisions taken by the parties, the courts or the HSE.

Such a timeframe does not suit children.

And an action that seeks to improve their lives can, in fact, have a long-term adverse impact on the child’s ability to make an attachment with another carer, and may have lifelong consequences.

By their very status, children in care will undoubtedly have problems of some kind that need attention.

However, currently, they are not prioritised for specialist health or psychological services or education.

They may have experienced abandonment, abuse, physical violence, bereavement or neglect.

Where children in care have to move placements, they may move from one catchment area to another and lose their place on a waiting list. They frequently require psychological, psychiatric and educational supports.

According to the Ryan Report implementation plan, given these disadvantages a dedicated team of specialists – including psychiatry, psychology, child psychotherapy, addictions counselling and speech and language therapy – should be available to work with them and their carers on a full-time basis.

That is just one of the many initiatives set out in the plan – which highlights a range of failings in the system – and sets out clear actions to remedy them.

Let’s hope the failings of the past are never forgotten and the promises in this document are implemented in full and without delay.