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Reception needs of minors
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77. (1) This section shall apply to an applicant who is a minor.
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(2) In the application of this Part to minors referred to in subsection (1), the best interests of the child shall be a primary consideration.
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(3) In assessing the best interests of a child, due account shall be taken of the following:
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(a) family reunification possibilities;
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(b) the minor’s well-being and social development, taking into account the minor’s background and the need for stability and continuity in care;
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(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings;
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(d) the views of the minor in accordance with the minor’s age and maturity.
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(4) The Minister shall ensure that minors referred to in subsection (1), where residing in accommodation in an accommodation centre allocated under this Chapter, have access to—
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(a) leisure activities, including play and recreational activities appropriate to their age, and
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(b) open-air activities within the accommodation centre.
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(5) The Minister, Minister for Children, Disability and Equality, the Minister for Health and the Health Service Executive shall, in accordance with the respective functions of each and having regard to any special reception needs of a minor referred to in subsection (1), ensure access to rehabilitation services for such a minor who has been a victim of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who has suffered from armed conflict and shall ensure that appropriate mental health care and counselling is provided to the minor where required.
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(6) Persons working with minors referred to in subsection (1) shall—
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(a) have, and continue to receive, appropriate training concerning the rights and needs of minors, including those relating to any applicable child safeguarding standards, and
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(b) treat any information received in working with such minors as confidential and not disclose it to any person other than—
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(i) for the purpose of the performance of functions under this Act or the EU acts,
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(ii) when required, by order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or
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(iii) where otherwise required to do so in accordance with any enactment.
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