Introduction the welfare of children who are

Introduction Thepurpose of this assignment is to consider the roles and obligations of TUSLAChild and Family Agency in pubic law child care proceedings. This paper willbegin by providing the reader with a brief overview of TUSLA’s duties inproviding for the welfare and protection of children. Following on from this,section 12 of the Child Care Act 1991 will be considered, focusing on theevidence required in order to meet the threshold of the section. Next, section13 will be looked at with reference to case examples and evidence for meetingthe threshold for an application. Finally, section 17 and 18 of the Child CareAct 1991 will be discussed with the same focus; the evidence required to meetthe threshold for an application under these sections, the roles andrequirements of TUSLA Child and Family Agency and case examples from recentdistrict court proceedings. maybe do a section onparental rights?  Roles andResponsibilities of TUSLA in Providing for the Welfare and Protection ofChildren Although there are many stakeholders whom have responsibilities in relationto providing for the welfare and protection of children, the primary duty lieswith The Child and Family Agency to act to protect children at risk of abuseand promote their safety and wellbeing (TUSLA, 2018).

The specific statutoryresponsibilities of the Child and Family Agency regarding the protection andwelfare of children derives from section 3 of the Child Care Act 1991 (Health Service Executive, 2011). Section 3 imposes a duty on The Childand Family Agency to promote the welfare of children who are not receivingadequate care or attention. Specifically, it should; take the required steps torecognise children who are at risk, have consideration for the rights andduties of parents and the wishes of the child, and to bear in mind theprinciple that it is generally in the child’s best interests to be brought upin his own family home (Hamilton, 2011). This is to be considered alongsidesection 16 of the Child Care Act. Section 16 necessitates the Child and FamilyAgency to institute proceedings for a supervision or care order as it sees fit (Irish Statute Book, 1991). Essentially, the Child Care Act sets out the statutoryframework for taking children into care alongside highlighting Tusla’s duty totake appropriate action to promote the welfare of a child (Department of Children and Youth Affairs. 2017).

LinkingSentence and maybe mention act 2015 if have room? Section 12 of theChild Care Act 1991 Part 3 of the Child Care Act 1991 outlines the protection ofchildren in emergency situations. It provides the Child and Family Agency andthe Gardai with legal powers to protect the welfare of a child in the shortterm. Specifically, section 12 affords power to the Gardai to remove a child tosafety in extreme circumstances.  Thisallows for a child to be brought into care without a court order whencircumstances are so urgent and immediate that there is no time to bring anapplication under section 13 to court (Hamilton, 2011).Section 12 permits amember of An Garda Siochana to remove a child to the care of the Child andFamily Agency where they have reasonable grounds to believe that there is bothan immediate and serious risk to the health and welfare of a child (reference).

Section 12 cannot be used when there is a clear risk, but the risk issuch that the child does not have to be immediately removed. The risk to thechild must be current, actual or existing justifying the need to remove thechild prior to obtaining an emergency care order under section 13. The Gardaiwill make the decision that the child must be removed immediately, not theChild and Family Agency. For the purpose of removing the child to safety,section 12 allows members of the Gardai to enter a variety of premises, withouta warrant.

They may also use force, if necessary, in that entry. Section 12also states that in exercising their power under this section, they canexercise other statutory or common law powers they possess (reference)Subsection (3) of section12 clearly states, that once the member of the Gardai is satisfied they havemet the conditions to remove the child, they must deliver the child to thecustody of the Child and Family Agency as soon as possible. Once this occurs, theChild and Family Agency must, unless they return the child to their family,make an application for an emergency care order within three days (Hamilton, 2011). Under section 12 of the Child CareAct, the Child and Family Agency’s role is to act as a short-term custodian ofthe child, in an emergency situation and once the three days have lapsed, toapply for an emergency care order or return the child to his/her family.

 Section 13 of theChild Care Act 1991