The Health Service Executive (HSE) yesterday returned a four-month-old child to a Roma mother who is living on a roundabout off the M50.
In a private court hearing yesterday, the court found that it was in the best interests of the child to be with its family rather than in foster care, The Irish Times has learned.
The baby was taken into care a week ago by health authorities following mounting concern for the well-being of children at the roundabout near Ballymun.
Two other Roma children were also taken into care - aged four and 15. However, they are not from the small community which has been living close to the M50 for several months.
Meanwhile, the Irish Association of Social Workers (IASW) has called on the Department of Health and local housing authorities to act immediately to provide accommodation for the families.
Declan Coogan, spokesman for the association, said that social workers believed the best place for children was with their families in improved conditions.
"Taking children into care is always the last option when everything else has been tried. Children in Ireland cannot live in situations where there is no adequate shelter, no water, no toileting facilities. We demand that dry and hygienic accommodation is provided for these families so that parents can care for their children and children can live with their own families."
He said that as a direct result of Government policy, social workers were unable to assist the families in improving their living conditions as they were not entitled to any form of welfare, housing or homeless services. Their only clear entitlement is to be repatriated, which they have so far refused.
The children were removed from their parents by gardaí under the Child Care Act (1991), which gives the Garda the power to take children into care where there is an immediate and serious risk to the children.
Usually social workers then work with families in improving the situation that led to their children being taken into care.
However, Mr Coogan said, this had proved impossible to do due to Government restrictions. The best standards of social work practice, legislation and the Constitution made it clear it was in the best interests of children to remain with their families.