Thursday, 25 Oct 2012

Written Answers Nos. 1 - 29

Youth Unemployment Data

Questions (11)

Michael McGrath

Question:

11. Deputy Michael McGrath asked the Minister for Children and Youth Affairs in view of her recent welcome for the draft joint report from the EU Commission and Council of Ministers on the implementation of the EU Youth Strategy, the action she will take to ensure an increased youth policy focus on contributing to Europe 2020 growth agenda with particular regard to measures to support youth employment; and if she will make a statement on the matter. [46724/12]

Written answers

Minister for Children and Youth Affairs

The European Commission’s draft EU Youth Report on the renewed framework for European cooperation in the youth field (EU Youth Strategy 2012-2018) looks at the situation of young people in the European Union and evaluates the progress made in achieving the overall objectives of the Commission’s EU Youth Strategy during its first three-year cycle (2010-2012). It also serves as a basis for establishing a set of priorities for the coming three-year work cycle which commences with the Irish Presidency. In particular, the draft EU Youth Report recommends strengthening the link between the EU Youth Strategy and Europe 2020. The draft report states that youth work has the potential to do more in the fields of the EU Youth Strategy including education and training, employment, entrepreneurship, creativity, innovation and social inclusion. The draft Report will be discussed at the upcoming Council of Youth Ministers meeting in November in which I will participate.

This report is timely as it is my aim to ensure that Ireland’s Presidency of the Council of Ministers with responsibility for Youth Affairs is relevant and responsive to current issues affecting young people in the EU and that our Presidency makes a substantial contribution to the development of both national and EU policy for the coming years. In this regard, Ireland’s priority for our Presidency term will focus on the contribution of quality youth work to young people’s development and well-being and as a means of achieving positive outcomes for young people in all areas of their lives including vocational and employment readiness.

I consider that youth work has a particular relevance and potential when it comes to seeking to support those young people, who may not be in formalised education, in employment or training. This group of young people is a significant concern across all Member States. As part of Ireland’s Presidency Programme, I plan to host a high-level roundtable event in June 2013 which will explore youth work’s contribution to achieving the goals of Europe 2020, including issues relating to youth employment. Officials of my Department are working closely with other Government Departments including Education and Skills, Jobs, Enterprise and Innovation and Social Protection on coordinating the progression of this issue under Ireland's Presidency Programme

Adoption Legislation

Questions (12, 18, 28)

Clare Daly

Question:

12. Deputy Clare Daly asked the Minister for Children and Youth Affairs the steps she will take to safeguard the birth records and files, held in the hands of private individuals and organisations, such as general practitioners, midwives, mother and baby homes, private agencies and so on, which contain important information regarding person's identities. [46752/12]

Clare Daly

Question:

18. Deputy Clare Daly asked the Minister for Children and Youth Affairs if resources will be made available in the context of the planned Adoption (Information and Tracing) Bill to ensure that files held in various locations are centralised and safeguarded to assist in adopted persons quest to establish their identity. [46753/12]

Seamus Kirk

Question:

28. Deputy Seamus Kirk asked the Minister for Children and Youth Affairs her plans regarding the Adoption (Information and Tracing) Bill; and if she will make a statement on the matter. [46718/12]

Written answers

Minister for Children and Youth Affairs

I propose to take Questions Nos. 12, 18 and 28 together.

The Adoption (Information and Tracing ) Bill continues to be a priority of mine. While the drafting of the Heads of Bill is at an advanced stage in my Department and consideration of the policy issues in relation to all aspects of the proposed Bill is ongoing, it is intended that the proposed legislation will provide for a structured and regulated way of both safeguarding adoption records and providing access to adoption information. It is currently intended that the Heads of Bill will provide for the Adoption Authority of Ireland to have responsibility for the safeguarding and maintenance of all adoption records in the State. This will include the establishment of a register of all relevant records held in various locations, which would be maintained by the Adoption Authority.

It is also intended that the Heads of Bill will provide that the Authority is to have responsibility for ensuring that access to those records is provided to an adopted person or to a birth parent, in accordance with the Bill. As all persons have a constitutional right to privacy it is envisaged that there may be some restrictions on the information that could be made available without the consent of the parties involved.

It is also intended that the Bill will establish the National Adoption Contact Preference Register on a statutory basis so that adopted persons, birth parents and others separated as a consequence of an adoption will have access to the tracing and information service. The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. The applicants decide, through a range of information and contact options, how they wish to proceed. It is also intended to establish a National Tracing Service on a statutory basis to assist persons who have been separated by adoption and are seeking assistance in tracing or making contact with relatives. It is intended to also provide the Tracing Service to persons who have been separated as a consequence of an "informal arrangement" (for example in the case of an informal or unlawful birth registration where no actual adoption took place).

The draft Heads of Bill will be submitted to Government for approval prior to commencing the drafting of the Bill. It is my hope to publish the Bill as early as possible having regard to the current priority workload relating to the Children's Referendum, Adoption (Amendment) Bill and Child and Family Support Agency Bill. I recently met with the Adoption Rights Alliance and committed to further discussions ahead of publication of the Bill.

National Children's Strategy

Questions (13)

Michael Colreavy

Question:

13. Deputy Michael Colreavy asked the Minister for Children and Youth Affairs the adherence to and impact of the first children's strategy Our Children-Their Lives, across all Government Departments and relevant State agencies; the way that experience is informing the preparation of the new Children and Young Peoples Policy Framework; and if she will make a statement on the matter. [46761/12]

Written answers

Minister for Children and Youth Affairs

The National Children’s Strategy was published in November 2000. The three national goals of the strategy are that:

1) Children have a voice in matters which affect them;

2) Children's lives be better understood; and

3) Children receive quality supports and services.

The National Children’s Strategy has had considerable impact and has informed the development of a range of policies and services over the intervening period. My Department has developed a comprehensive programme of children’s participation and works with other Departments to ensure that children’s views are taken into account when developing policies relevant to them. At county level there are thirty-four Comhairle na nÓg in place where children and young people can identify priorities and seek to have these addressed. The Dáil na nÓg is an annual national parliament for young people aged 12 to 18 years. The Comhairle na nÓg National Executive follows up on the recommendations from the Dáil na nÓg and tries to make changes for young people in those areas. The over-riding philosophy underpinning my Department’s participation activities is that children and young people are the citizens of today and not just the adults of tomorrow.

Improved understanding of children’s lives has been brought about through my Department’s comprehensive children’s research programme. This has seen the development of a funded programme of children's research and initiatives to develop research capacity in this area. It includes the commissioning of the national longitudinal study of children (Growing up in Ireland) through an investment of over €30 million. The State of the Nation's Children report, which is published by my Department biennially, is an important resource in understanding Irish children and placing their experience in an international context. A detailed review of the progress achieved in the area of children’s research was completed in the National Strategy for Research and Data on Children’s Lives which I published last year. This Strategy sets out key priorities in this area over the period 2011 to 2016.

There have also been significant developments in the quality supports and services which children benefit from since the National Children’s Strategy was published in 2000. Notably the free pre-school year provided through the Early Childhood Care and Education Programme is being made available to 66,000 children at a cost of over €170 million annually. My Department has also funded a Prevention and Early Intervention Programme for children in three local areas in conjunction with Atlantic Philanthropies at a total cost over the period of €36 million. There is also greater understanding of Child Protection issues than there was in previous decades. This is reflected in the priorities the Government has attached to establishing the new Child and Family Support Agency, and in legislation regarding the reporting of child abuse. The forthcoming constitutional referendum and the all-party support it has attracted, demonstrates, I believe, a broader understanding on the importance of the rights of children than existed heretofore.

The experience gained from the range of initiatives taken since publication of the National Children’s Strategy and the views of a wide range of stakeholders are being drawn upon in the development of the Children and Young People’s Policy Framework. This includes a consultation with children and young people, in which almost 67,000 participated; an open consultation with the general public which attracted over 1,000 submissions; and the advice of the National Children’s Advisory Council which comprises representatives of a range of organisations, both statutory and non statutory, that work with children and young people.

These consultations have provided a means of reflecting on the experience in implementing the National Children’s Strategy and the strengths and weaknesses of the achievements. In February 2011 the Children’s Rights Alliance published an independent review of the implementation of the National Children’s Strategy. This was broadly positive in its assessment. It found that over 80% of the National Strategy’s 136 Actions have been either achieved or have made some progress. Therefore, the new Children and Young People’s Policy Framework will build on the goals of the National Children’s Strategy. It will cover the 5-year period from 2013 to 2017, and will be the overarching framework for the future development of policies and services that will improve children and young people’s outcomes.

Child Abuse Issues

Questions (14)

Éamon Ó Cuív

Question:

14. Deputy Éamon Ó Cuív asked the Minister for Children and Youth Affairs the action she will be taking on foot of the publication of the Health Service Executive Diocesan Audit Report; and if she will make a statement on the matter. [46702/12]

Written answers

Minister for Children and Youth Affairs

The recent publication of the HSE’s diocesan audit report represented the culmination of a long process of engagement between the HSE and the diocesan authorities, to establish the position with regard to the Catholic Church, in terms of the safeguarding of children and on responding to allegations of child sexual abuse against members of the clergy. The Audit highlights recent improvements in church safeguarding practices. However, as I stated on the day of publication, I am concerned by some aspects of the report’s findings.

In particular, the report identifies difficulties in categorising allegations with accuracy in terms of the time taken to report the allegations to the civil authorities. This applies particularly to allegations that were retrospective in nature. There were significant delays in reporting allegations to the civil authorities in the case of some of the dioceses. Also, in some instances dioceses had stated in their audit returns that they had reported all allegations promptly, but the HSE found that this was not the case.

I welcome the audits finding that there has been a marked improvement in Church child protection practices in recent years, in particular since the Church’s new ‘Safeguarding Children’ standards were introduced in 2009. It is also encouraging that the HSE found that the practice of responding to immediate risk to children was found to be generally good and is given priority. The review found that prompt action has been taken by Bishops to remove priests from ministry where allegations have been made. While the audit highlights recent improvements, it is clear that the focus must remain on addressing the need for ongoing improvements, in particular in those Dioceses identified by the audit as requiring further work.

The audit recommends that the State apply “its resources to intervene and work with all dioceses in a systemic way to address the shortcomings outlined” and “to achieve closer monitoring by the State of dioceses”. With this in mind I previously requested that Mr. Gordon Jeyes, the HSE’s National Director for Children and Family Services (and CEO-designate of the new Child and Family Support Agency), engage on an ongoing basis with Mr. Ian Elliott, CEO of the National Board for Safeguarding Children in the Catholic Church on this issue. The purpose of this engagement is to ensure that the Church has in place all necessary structures and practices to safeguard children in line with the Children First National Guidance and the Church’s own guidelines. This engagement will continue to be prioritised within the new Child and Family Support Agency when established from January, 2013, with a particular focus on dioceses where shortfalls have been identified. Ensuring compliance with Children First will be a key priority for the new Agency.

I have publicly welcomed the publication by dioceses of reviews carried out by the National Board for Safeguarding Children in the Catholic Church. Ten of these reviews have now been published. The continuation by the National Board for Safeguarding Children in the Catholic Church of its robust review process into remaining dioceses and approximately 150 Religious Congregations, together with the HSE’s review of the Congregations, will provide further transparency in relation to current safeguarding arrangement within the Catholic Church. While there has been very notable improvements compared to historic practices that were entirely unacceptable, there is no room for complacency, as evidenced by the concerns I recently expressed about the outcome of the National Board for Safeguarding Children in the Catholic Church review of three Religious Congregations, published in early September of this year. It is important that the work of the HSE and the NBSCCC be brought to a conclusion as speedily as possible, so as to provide a complete picture of child protection practices and compliance by the Catholic Church.

Child Care Reports

Questions (15)

Denis Naughten

Question:

15. Deputy Denis Naughten asked the Minister for Children and Youth Affairs the reason for the delay in publishing the results of the audit produced on foot of the recommendations in the report on the Roscommon childcare case; the reason the results of this audit, produced on foot of an inquiry, are to be amalgamated with two further audits; and if she will make a statement on the matter. [46572/12]

Written answers

Minister for Children and Youth Affairs

As I indicated recently in my written response to the Joint Committee for Health and Children, the audit report is being submitted this week to the HSE’s National Director for Children and Family Services, Mr. Gordon Jeyes. It is planned to publish the report by the end of the year. There is no delay in publishing the report, which is a composite work covering three audits in Roscommon, Waterford and Dublin. A decision was taken within the HSE to produce this composite report as the best means of disseminating the learning from the three projects. The report will be based on a sample of 30 cases examined from each of the three areas subject to audit.

I previously advised the Deputy (Parliamentary Question Replies 18226/11, 32331/11, 15172/12) that an external consultant conducted a Review of Practice and Audit of the Management of Cases of Neglect in Roscommon, which highlighted both strengths and challenges. Positive outcomes included:

- Well established multi-disciplinary arrangements and organisational structures which facilitated teamwork and communication;

- Initial assessments routinely completed;

- An emphasis on direct work with children and young persons and commitment to listening to children and ensuring their voices were heard.

The Review found that in a majority of the cases, staff and managers displayed a commitment to early assessment of need and provided a range of supports to assist children and families, resulting in improved parenting capacity and better outcomes for children. The Review concluded that the challenges involved are similar throughout Ireland and the United Kingdom including the need for more authoritative social work, senior managers reviewing and auditing files, national supervision policy implementation and establishing thresholds for legal intervention in cases. A Review of Progress was undertaken after three months, and again this had many positive outcomes. Achievements included:

- The recommendations of the Inquiry Report and the Review of Practice and Management of Neglect are being implemented via an Interdisciplinary Child Care Steering group.

- A monthly child care meeting chaired by the General Manager considers specific developments within the Child Care Service, including budgetary and resourcing issues, waiting lists and individual cases which require to be notified to senior management.

- The streamlining of Family Support Services to include a single point of entry and realignment across new social work boundaries.

National Play Policy Update

Questions (16)

John McGuinness

Question:

16. Deputy John McGuinness asked the Minister for Children and Youth Affairs her plans to revise and update the 2004 National Play Policy; and if she will make a statement on the matter. [46726/12]

Written answers

Minister for Children and Youth Affairs

The development of play and recreation policy is an important objective for my Department because of the positive social and developmental impact of play in the lives of children and young people and its significance in promoting active healthy lifestyles. As the Deputy is aware Ready, Steady, Play: A National Play Policy, published in 2004, provides a framework for the development of public play facilities in Ireland with the overall aim of ensuring that children have access to a range of quality play opportunities to enrich their childhood. The policy provides a framework for future development of play and looks at a range of issues, including:

- Guiding principles;

- A partnership approach between the statutory, community, voluntary and private sectors;

- Developing infrastructures;

- Safety and public liability insurance; and

- Funding arrangements.

Since the publication of the Ready, Steady, Play! A National Play Policy in 2004, over €28 million of Government funding has been expended on improving play infrastructure. According to the National Play Policy, there were 168 playgrounds in the country in 2004 under the management of Local Authorities. Today there are an estimated 900 playgrounds in the country. Most of these are managed by Local Authorities. Many Local Authorities have developed world class recreational facilities and integrated play plans benefiting thousands of children and their families. My Department’s role is to encourage innovation and a ‘joined up’ approach to the development and use of the extensive range of facilities which are now available throughout the country.

I established the first ever National Local Authority Play and Recreation network (LAPRN) in February 2012. This brought together for the first time key personnel responsible for implementation of play and recreation policy in local communities across the country. The group has met to date on three occasions. Early achievements are the successful branding and expansion of national play day and national recreation week events as well as improved coordination between local authorities and improved training and networking to increase staff expertise and information sharing. The group is liasing with key stakeholders with a view to forming a core advisory resource to my Department on the coordination of play and recreation policy.

Child Detention Centres

Questions (17, 39)

Billy Kelleher

Question:

17. Deputy Billy Kelleher asked the Minister for Children and Youth Affairs in the wake of the recent Inspector of Prisons Report on St. Patrick's Institution, if she will act to ensure that the May 2014 deadline for the removal of all children from that institution is brought forward; and if she will make a statement on the matter. [46721/12]

Pádraig MacLochlainn

Question:

39. Deputy Pádraig Mac Lochlainn asked the Minister for Children and Youth Affairs if she will outline the timeline for ending the detention of children at St Patrick's Institution, Dublin. [46412/12]

Written answers

Minister for Children and Youth Affairs

I propose to take Questions Nos. 17 and 39 together.

Last week, I described the findings of the recent report by the Inspector of Prisons as shocking and unacceptable. I have discussed the content of the report in detail with Mr Shatter, Minister for Justice and Equality and Government colleagues and I have been assured that the action plan which has been drawn up by the Irish Prison Service will be implemented as a matter of urgency. This damning report provides further evidence of the fact that accommodating children in adult prison facilities is wrong. The Programme for Government has a strong commitment to end the practice of detaining children in St. Patrick's Institution and I am determined that this will happen at the earliest possible date.

I assumed legal responsibility for the children detention schools in January of this year. An immediate priority of mine was to deliver on the Programme for Government commitment and end the practice of detaining children in St. Patrick's Institution which has been criticised in domestic and international reports for decades. In April, following agreement with the Minister for Public Expenditure and Reform, I announced a capital funding package of approximately €50 million for the project to expand the detention places and facilities on the Oberstown campus in Lusk, Co Dublin. This will involve the delivery by mid 2014 of sufficient new facilities to accommodate all children that are subject to detention by the courts. This will allow for the ending of the practice of detaining any person under 18 years in St. Patrick’s Institution.

Although planning for this much needed development has taken place under previous Governments this is the first time that this major construction project has been given the priority and necessary budget to ensure its delivery in the shortest possible timeframe. Since April, work has been ongoing in my Department and the Office of Public Works on the design, statutory planning, logistical and tendering aspects of this project. The required statutory planning notices were published in August and the public observation period has been completed. I expect that this process will be finalised in the near future, following discussion between the Office of Public Works and Fingal County Council. I can also report that tender documentation will issue shortly for the technical specialist contractors for the project and I expect that tender documentation for the main contractor will issue by December. My aim is to deliver suitable detention facilities on the earliest possible date, in a manner that complies with all design, planning and heath and safety requirements. I am also conscious that the Oberstown campus is already the location of the existing children detention facilities and these must remain in operation during the construction project.

As an interim measure, I have also announced the ending of the practice of detaining 16 year old boys in St Patrick’s Institution from 1 May 2012 by using existing capacity that was available on the Oberstown campus. Since July there have been no 16 year old boys detained in St Patrick’s Institution. On foot of legal changes made by me all 16 year old boys are now detained at Oberstown and for the first time are no longer sent to St. Patrick's Institution. In conjunction with the Minister for Justice and Equality, I also extended the remit of the Ombudsman for Children from July 2012 to include all boys under 18 years of age detained in St Patrick’s Institution.

Ending the practice of detaining 17 year old boys in St Patrick's Institution will be achieved through the provision of further capacity in Oberstown under the capital project now underway. This is being progressed as quickly as possible. However, I also intend to examine the feasibility of accommodating some categories of the 17 year old age group in Oberstown which are currently in St Patrick's Institution before mid 2014.  I have asked the Oberstown Board of Management and the Irish Youth Justice Service to keep this matter under review based on the trend of occupancy in Oberstown under the recent change in age categories and to report to me no later than February 2013 on this matter.

With these measures, I am satisfied that substantial progress is being made toward meeting the Programme for Government commitment to end the practice of detaining children in St Patrick's Institution and I intend that this will be achieved at the earliest possible date.

Question No. 18 answered with Question No. 12.

Child Care Services Provision

Questions (19)

Seán Crowe

Question:

19. Deputy Seán Crowe asked the Minister for Children and Youth Affairs the extent of parental and sibling access to those young persons placed in out of State secure facilities; if all reasonable costs incurred are covered by the Health Service Executive; if she will provide a representative past case including diagnosis, previous in-State placement, duration of overseas placement and where now; and if she will make a statement on the matter. [46790/12]

Written answers

Minister for Children and Youth Affairs

Under the Child Care Act, 1991, the Health Service Executive has a duty to promote the welfare of children who are not receiving adequate care or protection. The policy of the HSE is to place children in care settings, preferably in foster care, as close as possible to their home and community. There were 6,258 children in the care of the state in July 2012, the vast majority of whom were in foster care (5,739) and general residential care (339).

A very small minority of young people under 18 years of age have highly specialised needs arising from severe behaviour difficulties, due to their childhood experiences or in some cases as a result of injury, accident or disability. The care needs of these young people are generally met by directly provided residential services or services commissioned by the HSE within Ireland. For this small number of young people, the HSE is on occasion, in exceptional cases, required to make arrangements for their placement in care and treatment facilities outside of the State, primarily in the UK, to allow for access to an individually tailored mix of care and highly-specialised therapeutic services and psychiatric treatment not available in this country. This is done on as infrequent a basis as possible and only where such placement is considered to be in the best interest of the child. These placements are made in line with the HSE National Protocol for Special Arrangements and are made under the order and supervision of the High Court.

The Child Care Regulations 1995 apply to all children in the care of the HSE. These regulations provide inter-alia that 'a health board shall satisfy itself in respect of each relevant residential centre that appropriate arrangements are in place to facilitate reasonable access and contact between children residing in the centre and their parents, relatives, friends, or any other persons who, in the opinion of the board, have a bona-fide interest in the children' . The HSE apply this obligation to children placed out of State in secure facilities, unless the Court Ordered Care Order under which the child has been placed stipulates that it is not in the child's best interests.

Under the National Standards for Children's Residential Centres, visits from family members and friends are encouraged. Where a young person has lost contact with family, social worker and staff members actively try to re-establish contact and arrangements are made for supervision of visits if necessary. Parents are kept informed about events in their child's life and are invited to participate in significant events and appointments. Where a young person does not have contact with their family the supervising social worker and staff explain the reasons clearly and these are documented in the care plan.

The HSE has advised me that as of 22 October 2012, there were seven young people detained in out of State secure placements. Where children are placed abroad they remain in the care of the State, they have an allocated social worker who visits them in their placement, they have a care plan and this is reviewed within the statutory framework. All units in which children are placed are subject to the regulatory and inspection framework of that jurisdiction and HSE Children and Families Services makes itself aware of any reports prior to placing a child abroad. As the Deputy will appreciate, for reasons of confidentially it would be inappropriate to provide detailed information regarding these young people. However, I am advised by the HSE that family access has been facilitated by the HSE in all except one of these cases, where the HSE offer of access has not been taken up to date. The HSE pay the costs of flights, ancillary travel expenses and overnight expenses where necessary for the child's social worker and family member/s.

Child Protection

Questions (20)

Bernard Durkan

Question:

20. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if she will indicate based on experience in the course of the past ten years, the extent to which child protection facilities, services and structures have actually failed to provide for the protection of children, often resulting in serious deprivation or abuse; if arising from this appraisal she intends to introduce legislation to address the issues arising; and if she will make a statement on the matter. [46766/12]

Written answers

Minister for Children and Youth Affairs

The last decade has seen a growing awareness of the fact of child abuse and neglect and its damning impact on the lives children through-out their adult lives. As a society we know that all families need informal supports and that some families in particular need specific supports to care for their children safely and adequately. We have learned through hard lessons that all services that work with children, in particular our child protection services, need to be constantly alert to children’s safety and welfare and that in some instances parents may do their upmost to deceive professionals.

The Children First National Guidance for the Protection and Welfare of Children, which I published in 2011, provides clarity and guidance for individuals and organisations in identifying and responding appropriately to child abuse and neglect. It also sets out what organisations that care for or work with children should do to ensure they are safe whilst in the care of the organisation. The Government has committed, as a priority, to the introduction of legislation to underpin Children First. The Deputy will be aware that I published the Heads of the Children First Bill in April 2012. The purpose of the Bill is to ensure that organisations and professionals who work with children have a statutory responsibility to report reasonable concerns about the abuse or neglect of children in their care to the HSE Child and Family Services.

I asked the Joint Oireachtas Committee on Health and Children to consider the Heads of the Children First Bill and make recommendations. I received their comprehensive Report in July and I thank the Committee for its work on this matter. My Department is currently considering the broad range of submissions to, and recommendations of the Joint Committee.

HIQA have been provided with additional staff resources to inspect and report on the standard of the HSE's child protection services. These inspections are due to commence shortly.

The commitment to establish a new Child and Family Support Agency is at the heart of the Government's reform of child and family services. The establishment of a single agency, underpinned by legislation and incorporating key children and family services, will provide a focus for the major reforms already underway under the National Director for Children and Families, Gordon Jeyes. The necessary legislation is being prepared by my Department as a priority and it is anticipated that the Bill will be published and enacted in the course of this Dáil session. It is my intention that the Child and Family Support Agency will assume statutory responsibility for services for children and families in January 2013.

The new Agency will assume responsibility for Children and Family Services, currently provided by the HSE, and the Family Support Agency. It will have a workforce of approximately 4,000 staff, and a combined existing budget of over €590 million. The Agency will be headed by Gordon Jeyes, as the Chief Executive designate, who will be supported by a senior management team.

Child Care Services Inquiry

Questions (21)

Brian Stanley

Question:

21. Deputy Brian Stanley asked the Minister for Children and Youth Affairs the stage of preparation of the report she has requested the National Director for Children and Family Services to prepare on after care provision, including best practice, assessment criteria and most effective aftercare supports; and if she will make a statement on the matter. [46764/12]

Written answers

Minister for Children and Youth Affairs

I am informed by the HSE that the preparatory work on the report is well advanced. I will update the Deputy further when the report is complete.

Child Protection

Questions (22)

Aengus Ó Snodaigh

Question:

22. Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the position regarding the implementation plan for the roll out of a State-wide out of hours emergency social care service; if this plan will be published before Christmas; and if she will make a statement on the matter. [46763/12]

Written answers

Minister for Children and Youth Affairs

As part of the ongoing ‘change agenda’ in Child and Family services I am committed to developing the capacity of our child protection services to appropriately and effectively address the needs of children who present in emergency situations outside of normal working hours.

Two out-of-hours pilot projects, one in Donegal and the other in Cork, were commenced by the HSE in 2011. The Donegal project started mid-year and the Cork project started in the third quarter. Both projects were internally evaluated by the HSE, which then commissioned an independent external assessment, undertaken by Trinity College Dublin. I have discussed this issue with Gordon Jeyes, National Director for Children and Family Services in the HSE. The HSE is currently addressing the recommendations of the Evaluation Report with a view to developing a proposal for a national model for out of hours service for discussion with my Department. This will facilitate the inclusion of Actions and Targets in the National Services Plan 2013 for future development of out of hours services. Subject to further discussions on the proposed model, I am anticipating that roll out on a phased basis will commence in early 2013.

What is important is that children in crisis, no matter where they are, have access to 24 hour social work assistance, and this is what the HSE's National Director for Children and Family Services and I are working towards. Clearly whatever model emerges will need to address the challenges of varying demographic demands in both rural and urban settings. It should be noted that at present the Health Service Executive provides out-of-hours emergency services for children at risk in the greater Dublin area through the Crisis Intervention Service, and outside the greater Dublin area through the Emergency Place of Safety Service. The Crisis Intervention Service provides out-of-hours emergency social work assistance to young people aged under 18 years. The service operates across the greater Dublin area (Counties Dublin, Kildare and Wicklow). Referrals are made by service providers outside of normal working hours i.e. Gardai, hospital and ambulance service personnel.

The Emergency Place of Safety Service operates outside the greater Dublin area, whereby Gardai can access an emergency placement for children found to be at risk out-of-hours. This service involves the placement of a child in a family setting until the next working day, when the local social work service assumes responsibility for the case. As part of this service Gardai have access to advice and information from a non-HSE social work off-site resource which is provided on a contract basis.

Ombudsman for Children Reports

Questions (23)

Willie O'Dea

Question:

23. Deputy Willie O'Dea asked the Minister for Children and Youth Affairs her views on the recent annual report of the Ombudsman for Children; and if she will make a statement on the matter. [46705/12]

Written answers

Minister for Children and Youth Affairs

The Ombudsman for Children operates under the Ombudsman for Children Act 2002. Responsibility for certain Ministerial functions under this Act came under the remit of my Department with effect from 3 June 2011 by the Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. 218 of 2011). However, the Ombudsman for Children is independent in the performance of her functions under the Act and her reporting relationship is to the Oireachtas on these functions. Section 13(7) of the Act requires her to cause a report of her function under this Act to be laid before each House of the Oireachtas annually. The Ombudsman for Children, Ms. Emily Logan, recently launched her annual report for 2011.

I believe the Ombudsman for Children performs a valuable ongoing role that goes beyond dealing with complaints against State institutions on matters which affect the lives of children. Her role involves the promotion of the rights and welfare of children and includes:

- Advising Government on development and coordination of policy relating to children;

- Encouraging development of policies and practices to promote the rights and welfare of children;

- Promoting awareness among the public of issues of concern relating to the rights and welfare of children and how those rights can be enforced.

One important role she performs is that, occasionally, she challenges the system of public administration to place children more firmly at the centre of its decision making. In the introductory message of her 2011 Report she says “it is abundantly clear to me that the core principles of best interests and respect for the views of the child are not being respected systematically in Ireland. I have consistently highlighted this in my annual reports to the Oireachtas, across the areas of health, education and justice.” This is the challenge for all public bodies to address among our ambitious programme of Public Sector Reform.

This Government is committed to putting the rights and welfare of children at the centre of our policy considerations and delivery of services in Ireland. Our forthcoming referendum on the rights of children is clear testament to that commitment. A positive outcome in that referendum will further strengthen the position of children, in particular with regard to their best interests and their views. It will add strength to existing laws and any future laws that require the best interests of the child to be the first and paramount consideration for judges in deciding court cases brought by the State in the area of child protection, or in adoption, guardianship, custody or access proceedings. It will also give recognition, at the constitutional level, to the principle of the child’s views being a consideration in such proceedings.

Earlier this year, I already extended the remit of the Ombudsman for Children to include boys under 18 years of age who are detained in St Patrick’s Institution. Following a report on the operation of the Ombudsman for Children Act 2002 in March 2012 and following consultations with Ms. Logan, the Minister for Public Enterprise and Reform Brendan Howlin within the past week proposed changes in the Ombudsman (Amendment) Bill 2008 at Committee Stage in the Seanad which will further expand the remit of both the Ombudsman and the Ombudsman for Children. I support the work of the Ombudsman for Children. I will consider, along with my colleagues in Government, the issues raised by Ms. Logan in her report.

Child Care Services Provision

Questions (24)

Jonathan O'Brien

Question:

24. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the position regarding those children awaiting placement in high support or special care unit residential places; the steps she is taking to provide additional places so that waiting lists are a thing of the past or at least rare; and if she will make a statement on the matter. [46755/12]

Written answers

Minister for Children and Youth Affairs

Under the Child Care Act, 1991, the Health Service Executive has a duty to promote the welfare of children who are not receiving adequate care or protection. The policy of the HSE is to place children in care settings, preferably in foster care, as close as possible to their home and community. There were 6,258 children in the care of the state in August 2012, the vast majority of whom were in foster care (5,739) and general residential care (339).

A very small minority of young people under 18 years of age have highly specialised needs arising from severe behaviour difficulties, due to their childhood experiences or in some cases as a result of injury, accident or disability. The care needs of these young people are generally met by directly provided residential services or services commissioned by the HSE within Ireland. There are three designated special care units in the country where children are detained on order of the high court for their own safety. There is a unit in Ballydowd in Dublin, which has a capacity of 10 beds, another in Gleann Álainn in Cork with a capacity of 4 beds and Coovagh House in Limerick with a capacity capped at 3 for the present time following refurbishment of the unit. Additionally, there are two National High Support Units in Ireland, Rath Na nÓg in Castleblaney and Crannóg Nua in Portrane. Currently there is a total capacity of 10 beds in these two units.

On 23 October 2012, there were 3 young people approved and awaiting a special care placement and one young person approved and awaiting a high support placement. The HSE has advised that it is currently engaged in a major process of change and improvement for Children and Family Social Services. Part of this work includes improvement in the areas of management, development and the provision of National High Support and Special Care Services and the future direction these services should take.

Child Benefit Payments

Questions (25)

Brendan Smith

Question:

25. Deputy Brendan Smith asked the Minister for Children and Youth Affairs the discussions she has had with the Department of Social Protection with regard to the child benefit budget 2013; and if she will make a statement on the matter. [46708/12]

Written answers

Minister for Children and Youth Affairs

My Department works in close partnership with other Government Departments on a range of cross-cutting issues in relation to both policy and provision as they relate to children and young people. As the Deputy will be aware, Budget 2013 will be announced later this year and in accordance with the engagement process all Ministers and their Departments will have responsibility, in the first instance, for evaluating those programmes and services for which they have primary responsibility. In addition to this, Ministers will have collective responsibility for decisions on the overall package of measures to be introduced in the context of the upcoming Budget and it would be inappropriate for me at this time to comment on budgetary matters.

Services for People with Disabilities

Questions (26, 30, 32, 38)

Richard Boyd Barrett

Question:

26. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs in the interests of the welfare of the children at Angels Quest in Glenageary, County Dublin, if she will request that the staff and funding be made available to ensure that the 24 hour emergency service is maintained; and if she will make a statement on the matter. [46734/12]

John Halligan

Question:

30. Deputy John Halligan asked the Minister for Children and Youth Affairs in the interests of the welfare of the children at Angels Quest in Glenageary, County Dublin, if he will request that the staff and funding be made available to ensure that the 24 hour emergency service is maintained; and if she will make a statement on the matter. [46735/12]

Richard Boyd Barrett

Question:

32. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs in view of the threatened closure of the 24 hour emergency service at Angels Quest, the plans she has to ensure that children will not be adversely affected by cuts to essential services; and if she will make a statement on the matter. [46736/12]

John Halligan

Question:

38. Deputy John Halligan asked the Minister for Children and Youth Affairs in view of the threatened closure of the 24 hour emergency service at Angels Quest, the plans she has to ensure that children will not be adversely affected by cuts to essential services; and if she will make a statement on the matter. [46737/12]

Written answers

Minister for Children and Youth Affairs

I propose to take Questions Nos. 26, 30, 32 and 38 together.

Angels Quest is a service run in the Disability Sector. Accordingly, this is a matter for my colleague Ms Kathleen Lynch, TD, Minister of State in the Office of Disability and Mental Health at the Department of Health.

Child Protection

Questions (27)

Timmy Dooley

Question:

27. Deputy Timmy Dooley asked the Minister for Children and Youth Affairs the measures she proposes to put in place to uphold the rights of parents in their dealings with Government agencies charged with child protection; if she will consider putting in place a parents' charter in this regard; and if she will make a statement on the matter. [46712/12]

Written answers

Minister for Children and Youth Affairs

The HSE provides a wide range of services to children and families in the context of the Child Care Act, 1991 and other child care and related legislation. Services are planned and delivered in the context of the UN Convention on the Rights of the Child and national child care policy which provides, inter alia, that services and staff will be:

- Child Centred: the best interests of the child shall be a primary consideration and children’s wishes and feelings should be given due regard;

- Family Oriented: the family generally affords the best environment for raising children and external intervention should be to support and empower families within the community;

- Equitable:all children should have equality of opportunity in relation to access, to participation in and derive benefit from the services delivered and have the necessary levels of quality support to achieve this. A key priority in promoting a more equitable society for children is to target investment at those most at risk;

- Inclusive: the diversity of children's experiences, cultures and lifestyles must be recognised and given expression;

- Action Orientated: service delivery needs to be clearly focused on achieving specified results to agreed standards in a targeted and cost-effective manner;

- Integrated: measures should be taken in partnership, within and between relevant players, be it the State, the voluntary/community sector and families; services for children should be delivered in a co-ordinated, coherent and effective manner through integrated needs analysis, policy planning and service delivery.

In the provision of services the HSE always seeks to ensure that there is an appropriate balance struck between the legislative requirement:

- to promote the welfare of children who are not receiving adequate care and protection;

- to have regard to the rights and duties of parents; and

- the need to have regard to the principle that it is generally in the best interests of a child to be brought up in his own family.

In this regard the HSE Child Protection and Welfare Handbook makes the following two statements:

- “A proper balance must be struck between protecting children and respecting the rights and needs of parents/carers and families. Where there is conflict, the child’s welfare must come first”;

- “Parents/carers have a right to respect and should be consulted and involved in matters that concern their family”.

HSE Children and Family Services routinely include parents in child care proceedings including child protection conferences and children in care reviews. In regard to meeting the needs of children who may require special care and protection the HSE is empowered under the Children Act, 2001 to convene a Family Welfare Conference. In effectively safeguarding the welfare of children the HSE seeks to balance decisive action in the interest of the safety of children with respect for parental and family rights and responsibilities. In this regard the HSE highlights the crucial role of wider community engagement in safeguarding and emphasizes the need to ensure that safeguarding is on the agenda of community initiatives and that personal responsibility, community contribution and state support are clearly delineated and complementary.

The Child Care Act, 1991, is the key piece of legislation governing the role of the State in the area of child protection. This Act makes explicit reference to the rights of parents under the Constitution. The proposed constitutional amendment does not give the State any additional rights to interfere in families - the only circumstances in which the State can intervene is in exceptional cases where the parents fail in their duty towards their children to such an extent that safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child. Article 41 - recognising the right of the family and Articles 42.1 - 42.4 recognising the role of the family as the natural educator of the child, remain unchanged. The rights and duties of parents remain unchanged. It remains the prerogative of parents to act as protector of the child's interests and indeed the person best situated to promote the rights of their children under the new Article 42A.1 - save in those exceptional circumstances referred to above where the State must "supply the place" of parents.

In relation to the "best interest" principle - this applies in defined proceedings where there has either been (i) parental failure in the context of care proceeding (ii) adoption or (iii) where the parents (or guardians) of a child are themselves in dispute with each other about the custody and care arrangements for their child. Constitutional recognition of the principle that the best interests of the child should be the paramount consideration in these proceedings means that this principle should now be a determinative factor in the resolution of such proceedings having regard to the constitutional rights of the family, whereas currently the best interests of the child can only be a determinative factor subject to the constitutional rights of the family.

Question No. 28 answered with Question No. 12.

Child Protection Guidelines

Questions (29)

Willie O'Dea

Question:

29. Deputy Willie O'Dea asked the Minister for Children and Youth Affairs in the context of the pending children's first legislation and the vetting legislation and the need for child protection for all children, if she will give a commitment that she will introduce regulation for all child minders regardless of the number of children being cared for; and if she will make a statement on the matter. [46732/12]

Written answers

Minister for Children and Youth Affairs

The Children First National Guidance for the Protection and Welfare of Children, which I published in 2011, provides clarity and guidance for individuals and organisations in identifying and responding appropriately to child abuse and neglect. It also sets out what organisations that care for or work with children should do to ensure they are safe whilst in the care of the organisation. The Government has committed, as a priority, to the introduction of legislation to underpin Children First. The Deputy will be aware that I published the Heads of the Children First Bill in April 2012. The purpose of the Bill is to ensure that organisations and professionals who work with children have a statutory responsibility to report reasonable concerns about the abuse or neglect of children in their care to the HSE Child and Family Services.

I asked the Joint Oireachtas Committee on Health and Children to consider the Heads of the Children First Bill and make recommendations. I received their comprehensive Report in July and I thank the Committee for its work on this matter. My Department is currently considering the broad range of submissions to, and recommendations of the Joint Committee, including those submissions pertaining to the issue of childminders.