It just gets more comical by the minute. Gardai removed a child under Section 12 of the CCA 1997, BUT, didnt hand the child over to the HSE, contrary to the act I might add. Two years ago APS tried educating the Gardai on S12, mostly because it was being misused by the HSE to kidnap children without applying for court orders OR when orders had already been refused by judges. A few Garda have taken our advice onboard. Its really very simple. If the child is in danger and it can be established that a danger exists, the child should be removed. If the HSE dont have court orders, Gardai should investigate and arrest the social workers if no danger has been established. In a few cases Gardai forced the return of children to their parents when they were informed of the law, the DPP would not prosecute these attempted kidnappings. If a court has granted an order the Gardai must comply with the court order. In a few cases, Gardai have formally complained that the orders were unnecessary to corrupt District Court judges.
Posted on: Sun, 10 Nov 2013 12:08:57 +0000
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