The Department of Children and Youth Affairs has opened a consultation process on its initial proposals to amend the 1991 Child Care Act.

Minister Roderic O’Gorman (pictured) described the 1991 Act as a transformative piece of legislation.

Developments

“We want to build on that, making the Act more child-centred, and taking account of recent developments like the 2015 Children’s Rights referendum, which gave constitutional recognition to children as individual rights holders,” he said.

Under the 1991 Act, the state, as a last resort and for the common good, can intervene to take the place of parents as provided for under Article 42A.2.1.

The department says that, although there have been amendments, many of the legislation’s key provisions have now been in place for 25 years.

Gaps

The Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People also contained a specific commitment to “review and reform” the Act.

The aim of the review is to identify what it working well within the legislation, but address any gaps or new areas for development.

The department says it is seeking to ensure that the review results in a “child-centred structure”, where children’s best interests are paramount, their rights respected and their views heard.

The consultation process runs until 11 September.