Dáil Éireann Debate, Tuesday - 11 December 2012
86. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he has met with the Department of Children and Youth Affairs regarding the issue of separated children seeking asylum who are removed from Health Service Executive care at the age of 18 years at which point they enter accommodation funded by his Department; the legal barriers to allowing them to remain with their foster carers; and if he will make a statement on the matter. [54475/12]
View answerAsylum seekers deemed to be unaccompanied minors by the Office of the Refugee Applications Commissioner (ORAC) under Section 8 of the Refugee Act, 1996, are referred to the HSE which has responsibility for their care under the Child Care Act, 1991 until they reach 18 years of age. At that point, as a general policy, they are transferred to asylum accommodation centres under contract to the Reception and Integration Agency (RIA) of my Department.
The care of all children in the Direct Provision System is of the utmost importance including those coming up to the age of 18. In this regard, RIA has an agreed policy in place with the HSE which deals with the transition of 'aged out minors. Details are contained on RIA's website www.ria.gov.ie. Before such transfers take place, detailed discussions take place between the Separated Children's Team in the HSE and RIA to ensure the best RIA centre match for the aged out minor concerned. It should be noted that the majority of aged out minors being discharged from the HSE care are transferred from foster care arrangements provided by the HSE throughout the State. RIA currently has 35 centres in 17 counties throughout the State and it is often the case that aged out minors do not transfer to areas where they had been in foster care.
The issue of aged out minors remaining in foster home care is a matter for the HSE. In circumstances where the HSE deem an aged out minor to be particularly vulnerable, the HSE can, at its discretion, extend the period in care in a foster home beyond 18 years of age.
