Dáil Éireann Debate, Tuesday - 15 November 2016
717. Deputy Clare Daly asked the Minister for Children and Youth Affairs if it is contrary to the Children (Amendment) Act 2015 to place a child aged between three and ten years of age in a residential care facility for the purposes of assessment. [34975/16]
View answerThe Children (Amendment) Act 2015 amends the Children Act 2001 and is primarily concerned with the detention of children in respect of criminal matters. It does not relate to residential care for children, which is provided for in the Child Care Act 1991.
Tusla, the Child and Family Agency, operates under the Child Care Act 1991 and the Child and Family Agency Act 2013. These Acts are not amended by the Children (Amendment) Act 2015.
Under the Acts of 1991 and 2013 referred to above, there is no prohibition on a child aged between three and ten years old being placed in a residential care facility for the purpose of assessment.
As the Deputy is aware, in terms of independent oversight, HIQA inspects children’s residential care services provided by Tusla. HIQA also monitors such settings operated by Tusla against the National Standards for Children’s Residential Services.
