Dáil Éireann Debate, Tuesday - 12 November 2013
409. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if clearly defined demarcation lines exist between her Department and the Department of Health with respect to responsibility to address the welfare and well-being of children, their placement into care in the event of such necessity; and if she will make a statement on the matter. [48301/13]
View answerThe primary legislation governing child care policy, and in particular the placement of children in care, is the Child Care Act 1991. Under this Act the HSE has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. My Department has responsibility for the Child Care Act, 1991, as amended.
The Department of Children and Youth Affairs is also responsible for Family Support Services and the National Education Welfare Board. Family Support Services for children and families aim to promote and protect the health and wellbeing of children and families, including those at risk of abuse or neglect. Services are provided directly by the HSE under this Act, or on its behalf. The National Educational Welfare Board (NEWB), which operates under the auspices of my Department, has a statutory remit to ensure that ‘each child attends a recognised school or otherwise receives a certain minimum education ’. In particular, the NEWB has a key role to respond to instances where children are not attending school regularly, or where there is concern about a child’s educational welfare.
The new Child and Family Agency, upon establishment, will assume full statutory responsibility for a range of child and family services currently provided by these three separate agencies under these acts; namely the HSE, the Family Support Agency and the National Educational Welfare Board.
The suite of primary legislation governing the HSE regarding the wellbeing of children more generally includes the Health Act 2004 and other Acts relating to mental health and disabilities. These matters are the responsibility of my colleague the Minister for Health.
