O'Higgins, Kathleen (1993) FAMILY PROBLEMS - SUBSTITUTE CARE: CHILDREN IN CARE AND THEIR FAMILIES. 1993. [Policy Paper]
Abstract
The rationale for undertaking a study of this nature is based on the increasing awareness of children’s rights and their need for the continuity and security of a stable family. With respect to this area of children’s rights, as a result of tile Report of the Inquiry into tile Kilkenn), Incest Case, the Minister for Health Mr. Brendan Howlin, has announced that consultations are to begin between the Government and the Attorney General in relation to one of the recommendations of the Committee of Inquiry. Consideration will be given to amending Articles 41 and 42 of the Constitution so as to include a statement of the constitutional rights of children. The importance of the family to the child, apart from the Constitutional emphasis on the importance of the family, is clearly stated in the United Nations Convention oil tile Rights of the Child ratified by Ireland in September, 1992. Section 3 of the Child Care Act, 1991 specifically states that, inter alia "a health board shall have regard to the principle that it is generally in tile best. interests of a child to be brought up in his own family". For some children the opportunity to experience a stable family life never exists. Some families never operate as a unit. Others break down temporarily or permanently and some parents are unable or unwilling to care for their children. In these circumstances, where an extended family cannot provide for the children, the State may be obliged to provide temporary or permanent substitute families for such children. This study concentrated on characteristics of children in substitute care and their families in one Health Board region of Ireland during 1989. It was argued that the child cannot be treated in isolation as problems leading to substitute care for children are not intrinsic to the child but are very much part of family problems. It is also argued that, of course, in certain limited circumstances, care may be a positive experience for a child. However, in general, research indicates that taking a child into care is seriously disruptive and possibly damaging.
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