Dáil Éireann Debate, Wednesday - 6 May 2015
277. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if he will consider raising the age of leaving care to 21 years in line with the Scottish model; and if he will make a statement on the matter. [17451/15]
View answerThe primary legislation in Ireland governing child care policy is the Child Care Act 1991 and the Child and Family Agency Act 2013. Under these Acts, the Child and Family Agency has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. The definition of a child contained in both Acts is that of a person under 18 years of age who is not or has not been married. A child may be brought into care in accordance with the Child Care Act 1991 on a voluntary basis or, if necessary, a child may be received into care by Court order.
Young people leaving the care of the State at 18 years of age are entitled to an aftercare service. Aftercare is the term used to describe the planning and support put in place to meet the needs of such young people to assist them in making the transition to independent living. It is essential that all young people leaving care are provided with the type of transitional support that their individual situation requires.
The Child Care Act 1991 provides that the core eligible age range for aftercare is from 18 years up to 21 years. This can be extended until the completion of a course of education and training in which a young person who has left care, or is leaving care, is engaged, up to the age of 23 years.
Current aftercare provision incorporates advice, guidance and practical (including accommodation and financial) support. Advocating on behalf of young people to support their development as fulfilled adults in their community and, when necessary, to link them to targeted adult services, are also crucial elements of an aftercare service.
The provisions of the Children and Young People (Scotland) Act 2014 are being introduced on a phased basis. The Act provides for a number of supports to those in care and care leavers. These include the introduction of ‘continuing care’, a new legal term to describe care leavers who remain in their ‘looked after’ (care) placement up to the age of 21. Local authorities have a new duty to provide care leavers with a continuation of the kinds of support they received prior to leaving care. In essence, the young person has ceased to be looked after but the local authority continues to provide them with a looked after placement and any necessary support until their 22nd birthday; akin to aftercare services for children leaving care in this State.
Once a young person moves on from continuing care, they do not have the right to return to a continuing care placement. A care leaver who opts for aftercare upon leaving their looked after placement cannot subsequently claim continuing care support.
93% of children in care in Ireland are in foster care. At the end of September 2014, 56% of the 1,698 young people aged 18 to 23 years in receipt of an aftercare service were in full-time education. A significant number of these care leavers are supported financially to remain living with their foster carers, in addition to having access to an aftercare worker.
Young people who do not have family support from a foster carer or family base are assisted in finding accommodation in supported lodgings, sheltered housing or independent accommodation and encouraged and supported financially in furthering their training and education.
As the Deputy is aware, it has been decided to strengthen the legislative provisions regarding aftercare in Ireland. The approach proposed is to impose a statutory duty on the Child and Family Agency to prepare an aftercare plan for an eligible child or eligible young person. The aim is to create an explicit, as opposed to implicit, statement of the Agency’s duty to satisfy itself as to the child’s or young person’s need for assistance by preparing a plan that identifies those needs for aftercare supports.
It is anticipated that the Aftercare Bill will be published shortly.
