Addiction ‘core reason’ for children going into care
The Child Law Project’s 2021–2024 report, Falling Through the Cracks, outlines several systemic failures and demographic statistics regarding Ireland's child care proceedings.
The report identifies parental addiction as a core reason for a significant proportion of children entering and remaining in care.
The report highlights that the child care system frequently involves families with specific vulnerabilities.
Cognitive disability
Almost one-third of parents whose children are subject to child protection proceedings suffer from a disability, primarily mental ill-health or a cognitive disability.
Nearly one-third (29%) of parents in child care cases suffer from a disability; of these, two-thirds have mental health issues and the remainder have cognitive disabilities.
Only a minority of parents with disabilities have an advocate to help them navigate court proceedings.
The report calls for a move away from the current system where child care cases are heard in ‘mixed lists’ alongside criminal and civil matters.
Overloaded lists
A survey of 38 court venues found that in 70% of regional courts, child protection cases are squeezed into overloaded lists alongside criminal and licensing matters, despite legal requirements for separate hearings.
The analysis, based on attendance at over 340 court hearings, identifies the acute shortage of foster and residential care placements as a primary driver of the current crisis.
The report criticises the Health Service Executive’s (HSE) response to the mental health and disability needs of children in care citing a failure to provide essential therapeutic services.
The Child Law Project warns that the State is vulnerable to legal challenges under international human rights law.
The authors note that children are frequently being separated from parents with disabilities because of a lack of State support rather than a lack of parental intent.