‘Child Care (Amendment) Bill 2009—An attempt to arbitrate on a system’s logic.’

The Child Care (Amendment) Bill was passed by the Seanad on 6th May 2010 and will shortly be enacted as legislation as the Child Care (Amendment) Act, 2010. The Bill, consisting of six Parts amends existing legislation relating to secure or ‘special care’ and makes some further amendments to the Child Care Act, 1991. The Act also provides for the dissolution of the Children Acts Advisory Board, a statutory body established in 2003, whose function was to advise the Minister on policy relating to specialist residential services (specifically Special Care Units) . This article examines the provisions of the Child Care Bill (2009) setting these in the context of current policy and previous legislation. It outlines that while the legislation outlines a detailed process for the application and administration of Special Care Orders, the provisions are weakened by the removal of external oversight mechanisms and the limitations placed on the role of the Guardian ad Litem.