Written Answers Nos. 433-447
433. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if she will direct that ECCE payments will have specific payment dates with no delays; the reason for delays to these payments; and if she will make a statement on the matter. [38662/18]
View answerThe preliminary Early Childhood Care and Education (ECCE) payment was sent out to service providers on the 24 August. Please see the following link below for the full ECCE payment schedule for the programme year 18/19.
434. Deputy Fergus O'Dowd asked the Minister for Children and Youth Affairs the position regarding public liability insurance for foster carers; the progress made on this issue; and if she will make a statement on the matter. [38671/18]
View answerAs the Deputy is aware, foster carers are no longer covered by a commercial public liability insurance policy. Attempts by Tusla to secure continuing commercial cover have proved unsuccessful. However, I am pleased to confirm that pending a permanent solution, all foster carers have an indemnity on an individual basis where required. This is on an ex-gratia basis as a temporary measure to address immediate individual cases while the overall indemnification issues are being resolved.
As I have stated previously, I fully support extending the State Indemnity Scheme under the State Claims Agency to foster parents. Unfortunately, this has taken longer than expected due to technical issues associated with the approvals and statutory process involved, but I can assure the Deputy that work is continuing to address these matters. My Department has been in discussion with the Department of Public Expenditure and Reform on the matter, and my intention is to include foster carers under the General Indemnity Scheme operated by the State Claims Agency as soon as possible. In this regard, work is ongoing with the Office of Parliamentary Counsel to draft the necessary Order for Government.
My Department has written to the Irish Foster Carers Association (IFCA) outlining the position and, through the Association, foster carers have been informed as to the current position. IFCA have been kept up to date on a continuous basis. In addition, I understand that Tusla has also made publicly available the information provided to IFCA so as to communicate the position to those foster carers who are not members of that association.
435. Deputy Clare Daly asked the Minister for Children and Youth Affairs if an oversight body monitors the work of an organisation (details supplied) which specialises in reports of child sexual abuse. [38677/18]
View answerI will refer the Deputy's question to my colleague, the Minister for Health, for direct reply.
436. Deputy Clare Daly asked the Minister for Children and Youth Affairs if an organisation (details supplied) is regulated and inspected by HIQA. [38678/18]
View answerI will refer the Deputy's question to my colleague, the Minister for Health, for direct reply.
437. Deputy Clare Daly asked the Minister for Children and Youth Affairs if an organisation (details supplied) operates independently of or in tandem with Tusla. [38679/18]
View answer439. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason second opinions in regard to findings in relation to allegations of child sexual abuse by an organisation (details supplied) are not facilitated by Tusla. [38682/18]
View answerI propose to take Questions Nos. 437 and 439 together.
I can inform the Deputy that St Clare’s Unit operates independently of Tusla.
I am informed by Tusla that if social workers are seeking a second opinion in relation to findings of an assessment completed by an organisation such as St Clare’s, it is generally Tusla practice to seek a second opinion from a similar organisation, such as St Louise’s Unit. This is done to ensure the second opinion is independent and the assessment process follows the same format.
438. Deputy Clare Daly asked the Minister for Children and Youth Affairs the basis on which An Garda Síochána and Tusla assert that they are bound by the findings of reports on allegations of child sexual abuse from an organisation (details supplied); and if this is the case. [38681/18]
View answerWhen a report of child sexual abuse is received into Tusla, the duty social worker screens the report to obtain more information and ascertain if it reaches threshold. Once the report is screened, a strategy meeting is held with the Social Work Department, An Garda Síochána and where relevant, the identified service which offers credibility and therapeutic services in the catchment area, such as St Claire’s Unit. At this meeting a decision is reached regarding which service would be most suitable for the child. The available options are:1) A Joint Specialist Interview, with Gardaí taking the lead role. 2) A referral to a Specialist Unit such as St Claire’s Unit.3) The Social Work Department completing the assessment. When an assessment is completed by a Specialist Unit, Tusla receives a comprehensive report outlining the specific details, including an analysis of the findings. The assessment reports are forwarded to the Principal Social Worker, Team Leader and referring social worker who then review the findings. Tusla generally accept the findings of the specialised unit unless there are specific circumstances raising concern. The outcome of a completed assessment is either ‘Founded’ or ‘Unfounded.’ Tusla relies on this outcome to determine what further intervention is required.
Separately, An Garda Síochána have statutory responsibilities for the safety and welfare of children and the investigation of criminal complaints. As Minister for Children and Youth Affairs, I am not in a position to comment on the views of An Garda Síochána in relation to these matters. However, I will reiterate that Tusla and specialist services are civil authorities that make findings, drawn from all available information, on the balance of probability. This may differ from the burden of proof for criminal prosecution required for investigations by An Garda Síochána.
Tusla has a primary responsibility to promote the safety and well-being of children. Everyone must be alert to the possibility that children with whom they are in contact may be suffering from abuse or neglect. This responsibility is particularly relevant for professionals such as teachers, child care workers, health professionals and those working with adults with serious parenting difficulties. It is also an important responsibility for staff and people involved in sports clubs, community activities, youth clubs, religious/faith sector and other organisations catering for children. Tusla should always be informed when a person has reasonable grounds for concern.
440. Deputy Clare Daly asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 1132 of 12 June 2018, when a response from Tusla is likely to be forthcoming. [38738/18]
View answerFollowing the Deputy's original question, my Department forwarded the request to Tusla, the Child and Family Agency, for attention and direct reply.
My officials have followed up with Tusla in relation to the Deputy's question, and have asked Tusla to respond to the Deputy with the requested information, as soon as possible.
441. Deputy Niall Collins asked the Minister for Children and Youth Affairs the status of the serious incident report being prepared by a person (details supplied) into alleged child sex abuse in County Limerick; and if she will make a statement on the matter. [38740/18]
View answerThe Deputy is referring to an independent review I commissioned , in agreement with the Minister for Justice and Equality, to examine and report on the management of a complex and serious case of alleged child abuse and neglect involving sixteen children in four families.
While there is no evidence of any serious mishandling of the case by either Tusla or An Garda Síochána, I considered that it would be good practice to arrange for a short, focused independent ‘Serious Incident’ review of the actions taken in the case.
The primary purpose of the review is to ensure that any learning which may arise in relation to information exchange is captured and informs future work.
The Special Rapporteur on Child Protection, and chair of the Review Panel, Dr Geoffrey Shannon, has assisted with drafting the terms of reference for the review. These Terms of Reference have now been agreed with the Department of Justice and Equality, and will shortly be jointly submitted by myself and Minister Flanagan for the consideration of the Attorney General.
It is not possible to give a timeframe for the delivery of the report at this stage, given the complex and unusual nature of this case, and the importance of ensuring that this non-statutory review does not risk prejudicing the on-going investigation and criminal prosecution.
442. Deputy Clare Daly asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 242 of 27 June 2018, when a response from Tusla is likely to be forthcoming. [38743/18]
View answerI have referred the Deputy's question to Tusla, the Child and Family Agency , for direct reply.
443. Deputy Clare Daly asked the Minister for Children and Youth Affairs if correspondence from a person (details supplied) and the attachments thereto, which related to the outcome of the deliberations of Tusla's section 3 committee and included documents outlining policy, implementation and a training plan in regard to the management of child sexual abuse allegations, were furnished by Tusla to HIQA as part of the latter's recent investigation into the management of allegations of child sexual abuse against adults of concern by Tusla. [38744/18]
View answerI have referred the Deputy's question to Tusla for direct reply.
444. Deputy Clare Daly asked the Minister for Children and Youth Affairs if complaints, grievances or disclosures have been submitted to her Department or the board of Tusla in relation to the performance of a person (details supplied); and if so, the details of same. [38752/18]
View answerI have not received any complaints or grievances in respect of the person referred to by the Deputy. It would not be appropriate to comment on disclosures under the Protected Disclosures Act 2014 relating to any individual. I have referred the Deputy's question to the Board of Tusla for direct reply.
445. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the number of cases deemed to be founded and unfounded, respectively, in each year since 2014 with regard to the assessment made by Tulsa following the report of a case of child abuse in tabular form; and if she will make a statement on the matter. [38755/18]
View answer446. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the number of cases deemed to be founded and unfounded, respectively in each year since 2014 with regard to the assessment made by Tusla on foot of a retrospective report of child sexual violence in tabular form; and if she will make a statement on the matter. [38756/18]
View answer447. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the methodology used in assessments with regard to the decision by Tusla to deem reports of child abuse to be founded or unfounded as referred to on its website (details supplied); the policy basis for the choosing of those terms specifically; and if she will make a statement on the matter. [38757/18]
View answerI propose to take Questions Nos. 445 to 447, inclusive, together.
I can inform the Deputy that Tusla currently do not collate data on the number of assessments deemed to be ‘founded’ and ‘unfounded.’
Current Tusla policy “Policy and Procedures for responding to allegations of child abuse and neglect"(September 2014), outlines the policy basis for the use of ‘founded’ and ‘unfounded.’
Best practice in a number of other jurisdictions utilises the terms ‘founded’ or ‘unfounded’ as a means of concluding a position on child protection enquiries. It has been decided to use the terms 'founded' and 'unfounded' to keep in line with international best practice.
In Children First, 2011, Section 5.5, ‘Unfounded Concerns’, provides guidance on actions to be taken where, after an assessment or appeals process, concerns or suspicions of child abuse are considered as ‘unfounded.’
A ‘founded’ assessment is an authentication that a judgement has been made that evidence exists which confirms that child abuse occurred.
An ‘unfounded’ assessment is one where the evidence does not support a finding of abuse. It does not mean the abuse did not occur, rather that there is a lack of evidence to support a ‘founded’ outcome. For example, there may be no convincing disclosure, no clear evidence, no witnesses, and/or no admission on the part of the Person Subject to Allegations of Abuse (PSAA).
The ‘balance of probabilities’ is interpreted as the degree to which something is more likely to have occurred than not.
The key principles informing decision-making when an assessment is being made include the following:
a. The welfare of the child is the paramount consideration
b. The requirements of Children First must be met
c. Tulsa must determine and assess any current or future risk to a child
d. If a child is deemed to be at immediate serious risk the child's interest takes priority over the suspected person’s right to be informed of allegations against him/her.
e. If Tusla concludes there is an immediate serious risk to a child, this must be communicated to an appropriate relevant third party to enable Tusla to take whatever protective action is necessary
f. Maintaining children in their own home is in their best interests. If the child is living with an alleged abuser, the safety of the child is paramount
g. Social work professionals make a determination on a balance of probabilities
h. Natural justice and fair procedures must be applied in relation to persons suspected of abuse, including their right to be informed about allegations against them and to respond
i. A Tusla assessment should take representations made by a person suspected of abuse into account
j. Any action or protection plan should be signed off by all relevant parties, including the person suspected of abuse, where possible.
k. A person suspected of abuse has a right to have their data protection rights protected, to obtain legal advice, to see all relevant documentation, to submit relevant documentation, to make oral or written submissions and have these considered, to identify any third parties with relevant information for Tusla consideration for interview, and to request an independent review of the assessment undertaken by the social worker.
