Written Answers Nos. 1-26
18. Deputy Joe McHugh asked the Minister for Children and Youth Affairs if she will outline her work to date to help families whose unresolved applications to adopt children from abroad preceded Ireland's consent to the provisions of the Hague agreement; and if she will make a statement on the matter. [47704/13]
View answer19. Deputy Joe McHugh asked the Minister for Children and Youth Affairs if she will update Dáil Éireann on her efforts to support families whose engagement with the adoption process commenced prior to the Hague agreement and whose applications are not yet resolved. [47703/13]
View answerI propose to take Questions Nos. 18 and 19 together.
The Adoption Act, 2010, provides for adoptions from countries that have ratified the Hague Convention on adoption and from countries where there is a bilateral agreement in place. During the drafting of the Act a considered and detailed transitional process to deal with the change from previous legislation to the new Act was put in place. The transitional measure contained in Section 63 of the Adoption Act, 2010, allows those who held a valid declaration of eligibility and suitability to adopt before the commencement of the Act to continue with an adoption, from a non-Hague, non-bilateral country for a maximum period of three years. Such applicants were thus afforded an additional three year period to complete these particular adoptions from non-Hague countries, and must have completed the process by the 31st October 2013.
By their nature transitional provisions must be time limited, and it was considered by the Government at the time, and the Oireachtas, that three years was a reasonable period of time to finalise an adoption which was in process when the Adoption Act 2010 came into force. The Hague Convention sets out important safeguards to be implemented by member countries so as to ensure that the rights of children and families are protected and there is prevention of illegal, irregular, premature or ill prepared inter country adoptions. Ireland has ratified the Hague Convention and under the Adoption Act 2010 the Convention has force of law in Ireland. The provisions of the Adoption Act 2010 sought to balance the desire for a reasonable period of transition with the overall commitment to the mutual support amongst member countries for the operation of the standards and safeguards in inter country adoption outlined in the Convention.
One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I am conscious of the strain that these prospective adoptive parents have experienced due to recent events which could not have been foreseen. Since this issue was brought to my attention, officials in my Department have been seeking a way to address the problems which resulted from the sudden change in Russian legislation. Considerable efforts have been made, including through diplomatic channels, to see if the problems which have arisen can be resolved.
It is my understanding that in order to adopt from Russia it is necessary to have a valid declaration of eligibility and suitability to adopt on the date of the court hearing to finalise the adoption, and for a specified period thereafter before the Court order takes effect. In order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability.
The advice of the Attorney General has been sought and my Department is currently examining legislative options that might assist, possibly through the retrospective extension of the declarations of eligibility and suitability concerned. As the Adoption Act, 2010, is drafted on the basis of the incorporation of the Hague Convention, and the minimum set of standards outlined therein, the implications of amending the Act must be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department, in conjunction with the Office of the Attorney General, is examining if it is possible to address this situation within the parameters of Irish law and our obligations under the Hague Convention. I have already met and spoken with some of those prospective adoptive parents affected by the changes in Russian legislation and have undertaken to keep them informed of any developments.
Work is also ongoing in relation to a possible bilateral agreement on inter country adoption with Russia. Following my invitation to the Russian Ministry of Education and Science in August, a delegation of Russian officials travelled to Ireland for discussions and the meeting of the 22nd October 2013 was very positive with detailed discussions between the Russian officials and officials from my Department, the Adoption Authority of Ireland, the Department of Foreign Affairs and Trade and the HSE. At the meeting significant progress was made and my Department has committed to reverting to the Russian side in the coming weeks with further detailed proposals in an effort to address both Russian and Irish legal and administrative requirements to the greatest degree possible.
20. Deputy Denis Naughten asked the Minister for Children and Youth Affairs the additional steps she will take to address the availability and affordability of regulated child care services; and if she will make a statement on the matter. [47700/13]
View answerThe Programme for Government commits to developing early childhood care and education as resources allow, and the Government has made a very significant commitment to maintaining the childcare support programmes implemented by my Department - the Early Childhood Care and Education (ECCE) programme, the Community Childcare Subvention (CCS) programme, the Childcare Education and Training Support (CETS) programme and the new After-school Childcare programme.
It is recognised that intensive and targeted early childhood services have the potential to significantly enhance the life chances of many children. In the region of €260 million is provided annually by my Department to provide for a number of childcare support programmes which assist parents in accessing quality and affordable childcare. More than 100,000 children benefit from these programmes each year.
For example the Community Childcare Subvention programme provides funding to community-based childcare services to enable them to provide childcare at reduced rates to parents in receipt of social welfare payments or on low or relatively modest incomes. For the purpose of the CCS programme, disadvantage and qualifying income are determined by reference to a range of means-tested allowances and payments including receipt of a social welfare payment, Family Income Supplement (FIS) and qualification for a medical or GP visit card. Eligibility for a GP visit card is based on net income and takes account of outgoings such as rent and mortgage repayments and other expenses including childcare costs and travelling expenses. As a result, parents with middle incomes may also benefit from subvention.
The Childcare Education and Training Support programme provides €145 towards the weekly cost of full time childcare places to participating childcare services in both the community and commercial sectors for qualifying Solas and Education and Training Boards (ETB) trainees and students. Students on part-time courses are funded on a pro rata basis. In 2013, a new strand of this programme was introduced to provide after-school childcare to certain social welfare recipients entering employment. It is proposed to further augment the programme with a new strand for certain community employment participants in 2014.
The Early Childhood Care and Education programme provides a free pre-school year to all eligible children in the year before commencing primary school. Children qualify for the free pre-school year where they are aged more than 3 years 2 months and less than 4 years 7 months at 1 September in the relevant year. Almost every pre-school service in the State (more than 4,300) is participating with over 68,000 children, or 94% of the eligible age cohort, availing of free pre-school programme in the 2012/2013 school year.
In line with the Programme for Government, I succeeded in maintaining the universality of the free pre-school year, including securing an additional funding requirement of €9.8m in 2012 to address increased demand due to an increase in births since 2009.
The programme includes a number of additional provisions which take account of children with special needs. These include an exemption from the upper age limit for qualification under the programme where a child is developmentally delayed and would benefit from starting primary school at a later age. In addition, children with special needs can apply to have the pre-school year split over two years on a pro-rata basis, for example availing of the programme for 2 days a week in the first year and for 3 days a week in the second year. In addition, to improve the services available to children with special needs, my Department is working with the Office of Disability and Mental Health in the Department of Health, to examine how supports to facilitate the inclusion of children with special needs in mainstream pre-school settings can be improved.
My Department and I, along with key stakeholders including the HSE, are currently progressing an 8-point Pre-School Quality Agenda. The actions being implemented are designed to ensure the highest standards of care for children in pre-school and to ensure that parents and practitioners can have confidence in the regulation of the sector. I further believe that this Agenda must be implemented and higher standard of quality ensured, in order to provide the key building blocks for any further extension of universal childcare provision, including any proposal to introduce a second free pre-school year, which as I have indicated on numerous occasions is my ultimate objective.
There is an increasing body of Irish and International evidence which quantify the benefits of early year’s interventions in terms of improving children’s outcomes and in delivering significant economic and societal return to the state. In this context I believe the introduction of a second year would benefit children’s educational and developmental outcomes as well as proving significantly beneficial to children with special needs. In addition a second pre-school year would represent €2,500 to €3,000 worth of free childcare to parents and likely generate 4,000-5,000 new positions, albeit mostly part-time. The benefits of introducing a second year were further referred to in the recent OECD reports on Ireland.
However, the introduction of a second pre-school year would require considerable additional funding, with the additional cost broadly in line with the cost of the current one year provision, which is €175 million. This funding is not currently available due to the financial constraints under which the Government is currently operating. However I would hope that this proposal is one which Government could continue to work towards as our public finances recover.
Finally, I have recently received the Report and recommendations of the Expert Advisory Group which I established to advise my Department and myself on the preparation of Ireland first-ever Early Years Strategy. Longer term objectives for early years care and education, including extension of universal early years provision, supports for children with specific needs and ongoing improvements in quality will be further addressed in this Strategy.
21. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she has received a report from the Health Service Executive regarding the recent incidents involving children in the Roma community; and if she will make a statement on the matter. [47840/13]
View answer23. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs the involvement of Health Service Executive child protection services with the two Roma children removed from their family homes; the imminent risk of significant harm to the children from the child protection point of view; if child protection services were aware of the cases in advance of the children being removed from their family homes; and if she will make a statement on the matter. [47831/13]
View answer31. Deputy Thomas Pringle asked the Minister for Children and Youth Affairs if the aspects of the Child Care Act which were applicable in recent incidents involving children being taken from their homes have been examined; if she will outline any decisions or clarifications made on foot of this; and if she will make a statement on the matter. [47836/13]
View answer41. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs having particular regard to recent events, if she is satisfied regarding the adequacy of the procedures in place to ensure best practice in cases where children are being placed in care; and if she will make a statement on the matter. [47829/13]
View answerI propose to take Questions Nos. 21, 23, 31 and 41 together.
The queries raised by the Deputies refer to the recent cases of Roma children who following Garda action were removed under Section 12 of the Child Care Act 1991 and provided with foster care while investigations took place.
Section 12 of the Child Care Act 1991 provides for the removal of a child to a place of safety by An Garda Síochána in situations where there is immediate and serious risk. In such circumstances An Garda Síochána must, as soon as possible, place the child into the care of the HSE.
Where a child is received into care in circumstances such as these, the HSE are required, following initial assessment, to either return the child to their parents, if is safe to do so, or make an application to the District Court for an Emergency Care Order at the first available opportunity. A District Court may grant an Emergency Care Order if there is reasonable cause to believe that there is an immediate and serious risk to the child or that there is likely to be if they were to leave the care setting. Emergency Care Orders have a limited duration and a fuller hearing must be convened within prescribed timelines.
Child protection is a complex and sensitive issue. An Garda Síochána and the HSE are often required by law to deal with complex situations and to make immediate decisions when dealing with concerns which come to their attention. The HSE and An Garda Síochana have worked in the broad context of Children First to develop closer working relationships designed to ensure more effective provision of child welfare and protection services. Regular meetings of the statutory agencies are convened at both local case management and national senior management level aimed at ensuring good communication and cooperation channels. The HSE and An Garda Siochana also operate joint protocols to ensure good practice in the area of child protection. It is important however, to review incidences, such as these two cases, to ensure that practices and procedures are in line with best practice.
Along with my colleague Minister Shatter, the Minister for Justice and Equality, I determined that there should be examination of the involvement of An Garda Síochána and the HSE in these two cases. I asked Mr. Gordon Jeyes, National Director, HSE Children and Family Services, to provide me with a report on the HSE actions in respect of the two cases. Minister Shatter also requested similar reports from the Commissioner of An Garda Síochána in relation to the actions of An Garda Síochána.
The Ombudsman for Children, Ms Emily Logan, has initiated an investigation of the actions of the HSE in relation to these cases, under the provisions of the Ombudsman for Children Act 2002. The Ombudsman for Children has also agreed to undertake an investigation of An Garda Síochána actions, under Section 42 of the Criminal Justice Act 2007.
I can confirm that I have received the reports for each of the cases from HSE Children and Family Services. The reports have been referred to the Ombudsman for Children Ms Emily Logan, for her consideration. The Ombudsman for Children is an independent statutory authority and will independently assess the actions of the HSE.
In respecting the independent investigations of the Ombudsman for Children, which will now take their course, it would be wrong of me to comment in detail on the cases or the reports received from the HSE. I look forward to the conclusion of the process and to addressing the independent findings of the Ombudsman for Children, once she reports on her investigations.
As I have said I acknowledge the distressing situation for the two families involved from these events and the surrounding publicity. I have requested that both the HSE and voluntary family support services would be available to the families if they wish to avail of these services.
22. Deputy Denis Naughten asked the Minister for Children and Youth Affairs the steps she is taking on foot of the publication of the audit report on neglect cases; and if she will make a statement on the matter. [47699/13]
View answerAn audit of neglect cases in Roscommon, Waterford and Dublin South-East was completed by the HSE and a composite report published on 20 June 2013. A decision was taken within the HSE to produce this composite report as the best means of disseminating the learning from the three projects.
From the outset, it was the intention of the HSE that the neglect audit would comprise a number of phases and that the initial pilot phase would inform a more significant National Audit of Neglect Cases. Therefore the audit published in June last was not simply a once off exercise but constitutes one element of a wider process to improve practice in relation to such cases across the country. Phase 1 of this process was the initial audits undertaken by Ms Lynne Peyton, Consultant in Children’s Services and Social Care. Phase 2 comprises a series of workshops for social work staff and managers nationwide. There will be a minimum of two workshops in each region presented by Ms Peyton in conjunction with Ms Helen Buckley, who will be covering the learning emerging from the Child Death Review Process. I have been informed by the HSE that the first of these workshops have taken place. The phase 2 workshops will be followed by the phase 3 National Audit of all neglect files which will be informed by the findings of phase 1 and the outcomes of the phase 2 workshops. A definitive timeline for completion of all phases is dependent on completion of phase 2 at regional level and thereafter individual local audits. It follows that different regions will complete their audits at different times. My Department will be liaising with the HSE over the coming months to monitor progress.
I note that the recently published Interim Report of the Child Care Law Reporting Project, being undertaken on an independent basis by a team led by Dr Carol Coulter, has found that neglect is the primary cause of children being taken into care. This indicates that the issue of neglect is receiving significant attention in the child welfare and protection system. In this regard, it is reasonable to surmise that the report undertaken in Roscommon, Waterford and Dublin South East, along with the application of the learning by the HSE, has reinforced the awareness of the significance of neglect in the context of the adequate care and protection of children across all areas.
24. Deputy Lucinda Creighton asked the Minister for Children and Youth Affairs the steps she is taking to address the issue of truancy; and if she will make a statement on the matter. [42147/13]
View answerThe National Educational Welfare Board (NEWB) has a statutory remit to monitor school attendance nationally. The latest report on the Analysis of School Attendance Data, which I launched on behalf of the NEWB on the 6th November, is for the 2010 – 2011 school year. This latest data shows a continued improvement in student attendance from 2009/2010 and previous years. The number of school days being missed is at the lowest for the five year period 2006/07 – 2010/11 and while further improvements are required the continued positive trend over recent years is to be welcomed. This evidence demonstrates the positive impact of targeted investment programmes and the progress that can be achieved through the collaborative efforts of schools, parents, statutory and support services.
Within the NEWB, the Education Welfare Service has specific responsibility for the Board’s general function to ensure that each child attends a recognised school or otherwise receives a certain minimum education. I am advised by the NEWB that the Education Welfare Service worked with over 20,000 children in 2012, of which 2,420 were intensive interventions which required sustained support from an Education Welfare Officer (EWO) and a multidisciplinary approach in order to address the issues of school attendance. The Education Welfare Service has a current staffing complement of 74 officers delivering front line services. The NEWB is developing Guidelines for schools on the Preparation of Attendance Strategies as outlined in Section 22 of the Education (Welfare) Act, 2000. Formal guidance will provide further clarity to schools in terms of responsibilities under the Act but should ultimately provide practical support towards enabling children to maximise their attendance, participation and retention in schools. The Board intends to complete this work within the current academic year.
The NEWB is in the process of refining and implementing a new strategic approach to service delivery through the integrated working of its three service strands, namely; the Education Welfare Service; Home School Community Liaison Programme (comprised of 402 school-based co-ordinators); and School Completion Programme (comprised of 124 school cluster projects involving 470 primary and 224 post-primary schools). This integrated model of service will provide an enhanced response to the needs of children, families and schools. As part of this process the NEWB is also reviewing the basis on which the Education Welfare Service is configured and a full consultation process is underway with staff and their representatives to reconfigure service delivery based upon the needs of children and young people. I see this strategic national approach to attendance, participation and retention as a crucial reform in our efforts to tackle school absenteeism.
The decision by Government to provide for the amalgamation of the NEWB and its services into the new Child and Family Agency upon its establishment will further consolidate the development of services aimed at children and provide opportunities for more effective working amongst the range of professionals involved in such services. The Child and Family Agency will have a specific legislative remit to promote educational outcomes through its existing educational welfare programmes and will work closely with the education sector and families by means of its network of Educational Welfare Officers, the Home School Community Liaison Scheme and the School Completion Programme.
25. Deputy Clare Daly asked the Minister for Children and Youth Affairs the location where the records from the 42 mothers and baby homes that operated here and handled tens of thousands of adoptions over the decades are held; the amount of information held by the Health Service Executive in Glanmire; and the other information that is held in Glanmire, which can be made available to persons tracing their birth mothers or their children. [47752/13]
View answerI wish to refer the Deputy to my response to her Priority PQ No 47753 of today's date.
The HSE has confirmed to me that they hold the following records at Glanmire:
Sean Ross Abbey Mother and Baby Home approximately 7,500 records
Bessboro Mother and Baby Home approximately 10,800 records
St. Anne’s Adoption Society approximately 3,500 records
HSE/Southern Health Board approximately 1,500 records
St Mary’s Adoption Society, Kerry approximately 500 records
Approximately 5,500 Castlepollard Mother & Baby Home files, originally stored at Glanmire, have recently been transferred to HSE North West. A comprehensive list of adoption information tracing services and file locations is available on the HSE website.
26. Deputy Robert Troy asked the Minister for Children and Youth Affairs if she intends to adopt the recommendations of the expert group report on the early years strategy; when the early years strategy will actually be published; and if she will make a statement on the matter. [47844/13]
View answerThe Children and Young People's Policy Framework is currently being developed by my Department. The Framework will set out the overall principles, vision and outcomes for children and young people and will guide actions across Government over the period 2014 to 2018. I expect to circulate the Framework to other Ministers in December. Following approval by Government the Framework will be published early in the New Year for discussion at a Government meeting in January. The Early Years Strategy is one of a number of more detailed strategies under the Children and Young People's Policy Framework, and it is also currently being developed by my Department.
Following my announcement that I would lead the preparation of Ireland's first Early Years Strategy, I appointed an Expert Advisory Group, chaired by Dr. Eilis Hennessy of UCD to advise my Department and myself on recommendations for inclusion in the Strategy. The work of this group has now concluded and their comprehensive report, entitled 'Right from the Start' was recently presented to me.
The report, which provides for the first time a strategic approach to the development of Ireland's early years services, sets out a comprehensive range of recommendations for consideration and provides for a continuum of service and support for Ireland's youngest children and their families, from early childhood health, to supporting parents to ensuring quality in early years provision. This is a strategic approach for years to come and I welcome the incremental approach set out in the report.
Development of the Early Years Strategy is underway. This includes consultation on the recommendations in the report and the Early Years Strategy. My Department is leading the consultations both bilaterally with other Government departments and through a consultation workshop with key stakeholders which is planned for 2nd December.
As soon as the Children and Young People's Policy Framework is approved by Government I intend to finalise the Early Years Strategy and submit it to Government for publication early in the New Year.
