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Wednesday, 18 Nov 2015

Written Answers Nos. 124 - 129

Children in Care

Questions (124)

Robert Troy

Question:

124. Deputy Robert Troy asked the Minister for Children and Youth Affairs further to the recent Health Information and Quality Authority inspection report finding with regard to the lack of suitable placements to meet the needs of some young persons in care, the steps he is taking to ensure these young persons have access to specialist supports and services and access to suitable placements promptly; if there is high level of staff expertise available in specific residential centres to meet the complex needs of some young persons; and the steps he is taking to ensure that young persons do not have to wait to access a special care placement. [40778/15]

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Written answers

Since 2014, the Health Information & Quality Authority (HIQA) has inspected a number of children's residential centres with particular attention on the management of challenging behaviour exhibited by young people resident in the centres. The most recent inspection report was published on the HIQA website on the 5th November 2015.

Of the seven standards inspected in the centre, one standard was met, five required improvement and significant risk was identified in one. Some of these risks were external to the centre and could not be mitigated completely. The staff worked in partnership with the social work department, parents and other professionals to manage these risks. This was effective for some of the young people but not for others. DCYA finds, on the evidence in the report, that the staff and management showed a real commitment to the young people in their care despite the challenging behaviour displayed by the young people.

The HIQA inspection report raised the problem of a young person who, when discharged from Special Care, continued to put him/herself at risk. This young person continues to be cared for in the community with enhanced supports. Tusla has also informed me that the risk taking behaviour presented by this young person has been decreasing in the last number of weeks. A young person may only be detained in a Special Care Unit by way of a High Court Order, and only for the shortest time possible.

To address the lack of suitable placements, Tusla is developing a special care campus with a further ten places that it intends to bring on stream towards the end of 2016. It is also hoped that the many initiatives developed by Tulsa including Children and Young People's Services Committees, Family Support Networks and the Meitheal approach to addressing un-met needs, together with a newly developed and targeted commissioning strategy, will ensure investment in community based services for children and young people in need will reduce the overall need for special care places over time.

Many of the young people with the most specialist needs in our community based centres are linked in with Tusla’s Assessment, Consultation and Therapy Service (ACTS) multidisciplinary therapeutic team. Further specialist supports are also routinely made available as needed and many centres have specialist skill-sets, therapeutic modalities or links with same in their local communities to meet the varying need of the young people in their care.

Disability Services Provision

Questions (125)

Robert Troy

Question:

125. Deputy Robert Troy asked the Minister for Children and Youth Affairs his views that children with disabilities in the care of the State or in voluntary care should receive equal supports and services as children who are legally on a full care order; if these young persons should have equal rights to access an independent advocate as adults with disabilities. [40779/15]

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Written answers

The eligibility of children, including children with a disability, to supports and services is not determined on the basis of whether a child is in care but on the basis of need. As the Deputy is aware, disability services are provided by the HSE.

The Child and Family Agency, Tusla, works closely with other care providers including the HSE, in respect of access to primary care services, child and adolescent mental health services, disability and other services. Tusla and the HSE have in place both a Memorandum of Understanding and a Joint Protocol for inter-agency collaboration which underpins the provision of these services for children. The purpose of the Memorandum of Understanding is to set out the partnership agreement between the HSE and Tusla to continue pre-establishment levels of service across both organisations. The objective of the Joint Protocol is to specify a pathway and associated responsibilities for children and families whose needs cross between Health Service Divisions and Tusla.

Both the Memorandum of Understanding and the Joint Protocol are subject to regular monitoring and review to ensure that they are working effectively in the best interests of children and families.

Legislative Programme

Questions (126)

Robert Troy

Question:

126. Deputy Robert Troy asked the Minister for Children and Youth Affairs his plans to revisit the Child Care Act 1991 to reflect developments in social media and technology; his views that guidelines and procedures to address the issue of social media for children and young persons in care are required; and if he will make a statement on the matter. [40780/15]

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Written answers

Better Outcomes, Brighter Futures: The National Policy Framework for Children and Young People, 2014 – 2020, contains a commitment to review and reform, as necessary, the Child Care Act 1991. My Department has initiated work to pursue this commitment, including initial engagement with the Child & Family Agency. In that context, all matters relevant to safeguarding the well-being of children in care, which are appropriate for legislative provision, can be considered.

The Deputy will also be aware of the role and responsibility of the Office for Internet Safety, an Executive Office of the Department of Justice and Equality. This was established by the Government to take a lead responsibility for internet safety in Ireland, particularly as it relates to children.

Children in Care

Questions (127)

Robert Troy

Question:

127. Deputy Robert Troy asked the Minister for Children and Youth Affairs if he will provide figures and statistics from Tusla - the Child and Family Agency - on the number of care-experienced young persons of 17 to 24 years of age who have children who are now in care; the years that these figures relate to; and the support framework that is in place to ensure that these parents are given the best opportunity of parenting their children. [40781/15]

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Written answers

The Deputy should note, that the information requested on young parents with care experience who have children in care is not collected nationally by Tusla, the Child and Family Agency. Aftercare is provided to all eligible young people leaving care which includes advice, guidance and practical (including accommodation and financial) support. The additional needs would be taken into account when the young person is a parent. Tusla has advised that 88.5% of 18-22 years olds in aftercare at the end of March 2015 were in stable accommodation, which includes young care leavers with children.

Every year, between 450 and 500 young adults leave the care of the State. The majority of those are currently eligible for an aftercare plan. The Government has decided to amend the legislative provisions regarding aftercare. The purpose of the new legislation is to ensure that an after care plan, developed before the young person leaves care, identifies their care needs and that appropriate supports are put in place.

Funding is made available to support a young person leaving care who is to remain on with their foster family as part of their aftercare plan. In other cases, funding supports are available to facilitate independent living or supported lodgings. Additional supports are also provided by other State bodies such as young adults leaving care aged 18-24 receive a higher rate of jobseekers allowance than other job seekers of the same age.

Tusla has continued to develop its aftercare service since the introduction of its National Leaving and Aftercare Policy of 2011. The implementation of this policy has seen the introduction of new practices, including the establishment of steering groups, which are area based multidisciplinary teams who provide a forum to ensure enhanced inter-agency partnership to meet the needs of young people leaving care and aftercare, as well as the standardisation of the aftercare allowance. Under this policy, the circumstances where a care leaver who is also a parent are addressed as part of the assessment of need.

Child Abuse Reports

Questions (128)

Robert Troy

Question:

128. Deputy Robert Troy asked the Minister for Children and Youth Affairs why a number of recommendations made in the Ryan report have yet to be implemented, for example, Action 65, a longitudinal study on outcomes for young persons leaving care, and Action 69, a once-off life skills programme; if the Ryan monitoring group is still operational; if he will provide details of the body that is monitoring to ensure that these actions are all delivered. [40782/15]

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Written answers

The Report of the Commission to Inquire into Child Abuse (The Ryan Report) was published in 2009 and detailed disturbing and significant levels of historic abuse of Irish children who were placed, by the State, in residential institutions run by religious orders. The Government accepted all of the recommendations of the Ryan Report, and in response developed an Implementation Plan. The Implementation Plan set out a series of 99 actions which addressed the recommendations and it also included additional proposals considered essential to further improve services to children in care, in detention and at risk.

It was agreed that an annual report would be submitted by the Minister for Children and Youth Affairs to the Oireachtas providing an update on progress made on each of the 99 recommendations contained in the Implementation Plan for a period of four years. The Fourth and Final Report was laid before the Houses of the Oireachtas on 13 March 2015.

While overall progress in relation to the actions in the Ryan Implementation Plan was good, it was noted that 5 of the 99 actions were not yet complete, namely actions 1, 65,75,76 and 96. Actions 65 (longitudinal study over ten years was to be undertaken which would follow young people who leave care, in order to map their transition into adulthood), action 75 (a professionally managed national archive was to be developed as a central repository for the records for all children in care) and action 76 (records created in non-statutory agencies should be secured in the national archive) relate to the Child and Family Agency. These actions have not been implemented to date due to resource restrictions. The DCYA are currently engaging with the Agency to explore options on how best to proceed in relation to these actions. In this regard, the Deputy will be aware that I have secured an allocation of funding of €676m in 2016 for Tusla. This is an increase of €38m over the 2015 provision and may give the Agency the opportunity to progress a number of valuable projects, including the Ryan actions. These matters will be considered in the content of the performance statement and business planning processes for 2016.

Action 69 referred to by the Deputy was noted as completed in the final Report. In this regard the Deputy will be aware that the Child Care (Amendment) Bill 2015, in relation to Aftercare, is currently progressing through the Oireachtas.

Actions 1 (building a memorial in a manner that best takes account of the views of the groups representing the survivors of abuse) for which plans were rejected and action 96 (the Courts Service conduct research into other jurisdictions that have best practice in place for the management of children and family services in the Court, with a view to introducing best practice in this area to this jurisdiction) relate to the Department of Education and Skills and the Court Service respectively.

The Monitoring Group established to oversee the Implementation of the Plan included representatives from the Department of Children and Youth Affairs, the HSE (now the Child and Family Agency), the Health Information and Quality Authority, the Irish Youth Justice Service, the Department of Education and Skills, An Garda Síochána and the Children’s Rights Alliance and was chaired by the Minister for Children and Youth Affairs. The group met twice a year and four Progress Reports were prepared, presented to Government and subsequently laid before both Houses of the Oireachtas. The Monitoring Group has now concluded its work and been stood down.

In relation to all five outstanding recommendations I will continue to liaise with relevant Government colleagues and the Child and Family Agency as regards implementation. I have also undertaken to keep the Government informed of progress until full implementation is achieved.

Children in Care

Questions (129)

Robert Troy

Question:

129. Deputy Robert Troy asked the Minister for Children and Youth Affairs the status of Tusla, the Child and Family Agency, in achieving comprehensive care planning, effective matching and adequate supports to maintain placements while children and young persons are in care. [40783/15]

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Written answers

The placement of children in care is governed by Regulations which provide, inter alia, for the welfare of the child, the care practices, care records, accommodation and safety precautions. A care plan for each child who is received into care is required under the Child Care Regulations, 1995. The regulations stipulate that all care plans are to be reviewed and updated on a regular basis and sets out the frequency for these reviews to take place. A review of the care planned for a child under the Child Care Act 1991, as amended, is a process to monitor and review the progress of the plan and to update it if required. A key consideration for the social worker is to consult with the child, family members, foster carers, and other people involved with the child to ensure that his or her needs are being met and that the care being provided is optimal.

Children, depending on their identified need, may be placed in foster care either with relatives or general foster carers, residential care, special care or other placement types. The majority of children are placed in long term stable placements.

The latest figures from Tusla, the Child and Family Agency, indicate that, in August 2015, there were 6,345 children in care. Of these, nearly 93% are in foster care, either with relatives or a general foster placement. Of all children in care, 92% (5,857) have an allocated social worker and 90% (5,737) have a written care plan. It is known that outcomes for children in care are better when there is evidence of a careful assessment, thoughtful planning and proactive case management. All decisions made, and support provided, for children in care must be grounded in a high-quality assessment of their needs and potential risk of harm. Matching appropriate placements is key, and is achieved by the sharing of information and discussion involving all relevant professionals, the children and their families (where appropriate), and the proposed foster carers or residential centres, their families and other children in the placements.

The increased budget for Tusla for 2016 should result in higher levels of children in care having an allocated social work as well as an increase in the number of written care plans.

Matching carers with children and young people is outlined in the National Standards for Foster Care (2003), and the National Standards for Children’s Residential Centres (2001) outlines the need for suitable placements in residential care.

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