Under the Child Care Act, 1991 and the Refugee Act, 1996 (as amended) the responsibilities of the State are set out in relation to the care needs of separated children who seek asylum in the State. Where separated children are identified by An Garda Síochána, at the point of entry, their circumstances are investigated and the provisions of the Child Care Act, 1991, apply, i.e. the child is placed into the care of Tusla, the Child and Family Agency.
Separated Children Seeking Asylum (SCSA) are defined as “children under eighteen years of age who are outside their country of origin, who have applied for asylum and are separated from their parents or their legal/customary care giver”. These children are a vulnerable cohort and the State is duty bound by international and domestic law to protect and provide for separated children in the same way as children normally resident in the State.
I have asked Tusla to review its ability to provide for additional numbers of separated children, and this includes the assessment of the resources that may be needed. Any decisions regarding resources will be made in this context.