A Dublin District Court judge granted foster carers enhanced rights under section 43A of the Child Care Act, 1991. The child had been in foster care for nine years and the foster carers told the court the were applying for enhanced rights to be able to do more for him.
The foster carers appeared in court without any legal representation, accompanied only by the child’s guardian ad litem. The court staff found it necessary to provide some guidance and assistance, helping foster carers understand what was happening, where to sit and how to engage with the court. The foster mother gave evidence under oath, responding to simple questions for the judge setting out the background of the case and their desire to do more for the child.
The judge acknowledged that the evidence needed was available to him on affidavit, that it was evident that there was a positive relationship with the child, which he wanted to support. The judge praised the work done by foster carers and stated “people like yourselves are an extremely important part of the system, and the best part of the system, the work you do is really appreciated.”
The Child and Family Agency was not represented in this application, and was not present or participating in court. The Child Care Act 1991 was amended to include section 43A by Child Care (Amendment) Act 2007. Section 43A permits foster parents to apply for enhanced rights if they have cared for a child for five years or more. If granted it permits the foster parents to make decisions such as being able to consent to medical treatment or apply for a passport for the child. If foster parents intend to make this application, they must inform the parents of the child and the Child and Family Agency.