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Wednesday, 13 Feb 2019

Written Answers Nos. 29-66

Child Detention Centres

Questions (41)

Seán Sherlock

Question:

41. Deputy Sean Sherlock asked the Minister for Children and Youth Affairs if she will publish the report on Oberstown Children's Detention Campus. [7069/19]

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Written answers

The Deputy will be aware of the extensive discussion on this matter that took place at the Joint Oireachtas Committee on Health and Children on 30 January last. At that meeting, the Chair of the Board of Oberstown, Professor Ursula Kilkelly, gave a detailed update on the current situation.

She outlined, among other things the serious legal difficulties associated with publishing the full report, for reasons which have been well set out on a number of occasions.

The House will be aware that I also met with the Joint Committee on the matter on 18 December last and offered my perspective. I do not believe that the situation has changed since that time.

At the Joint Oireachtas Committee meeting of 30 January there was a suggestion that the Chair would examine whether a summary of the legal advice given to the Board of Oberstown might be prepared and supplied to the Committee. The Chair agreed to examine whether this is possible and I understand that she is pursuing the matter.

I would reiterate that the recommendations of the Operational Review, which are at the kernel of how we move forward, were published in July 2017 and are being implemented as part of a significant package of reform in Oberstown.

In addition to the Operational Review, the Board commissioned a number of other reports at the same time, with a view to engaging external expertise to support the development of the Campus. These reviews included security, health and safety and behaviour management.

Deputies will recall that I established a Review Implementation Group whose final report, received in December 2017, produced a coherent plan to implement the recommendations of the various reports.

An updated Action Plan from the Review Implementation Group was completed in May 2018 and was published on my Department’s website. My Department continues to monitor the Review Implementation Group and the second report on the implementation of the recommendations was published on 29 January last.

My focus now is on ensuring that all of the key recommendations are implemented and to ensure that Oberstown observes best practice and international standards. I believe that this is the best way forward for the young people at the campus.

Child Protection Services Provision

Questions (42)

Maureen O'Sullivan

Question:

42. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs if she is satisfied with the way in which section 13 of the Child Care Act 1991 is carried out by Tusla officials; and her views on whether the policy is in need of review in view of some exceptional cases. [7028/19]

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Written answers

I can understand the Deputy’s concern about the use of this powerful legal instrument. Emergency care orders are only granted by the Courts where there is an immediate threat to the safety of a child. Social workers seeking an Emergency Care Order are often acting to protect a child during a crisis.

Information from the Child Care Law Reporting Project indicates that Emergency Care Orders are the least commonly sought Order. They are also the Order of shortest duration, lasting a maximum of 8 days.

Section 13 of the Child Care Act 1991 specifies the circumstances required for an Emergency Care Order to be granted. The operation of Section 13 by Tusla social workers was raised by Dr Geoffrey Shannon in his audit of how the Garda use their powers under Section 12 of the Act.

Section 12 allows the Garda remove a child from a situation of acute risk. The child is then transferred to Tusla which undertakes an assessment of the child’s situation. Tusla may return the child home, if their situation is deemed safe, or apply for an Emergency Care Order under section 13 of the Act.

I am conscious that there has been no empirical work on applications being made to the Courts under section 13 by social workers. I was sufficiently concerned about the lack of data on this crucial practice issue that I requested Tusla to commission research on the topic.

The research is being undertaken by NUIG and comprises a quantitative and qualitative methodology. The quantitative aspect is based on a unique database, created by extracting key information on every Section 12 case on record in Tusla for the 12 month period from 1 July 2016-to the end of June, 2017.

The qualitative aspect of NUIG's research involves interviews with social workers and key Tusla personnel involved in applications for Emergency Care Orders, to identify the factors contributing to practice decisions at this point.

The research report will integrate the two methodological approaches to identify key findings. I expect the report to be finalised by the end of June. Any relevant findings will be taken into consideration in the review of the Child Care Act that is currently under way in my Department.

Child Detention Centres

Questions (43)

Clare Daly

Question:

43. Deputy Clare Daly asked the Minister for Children and Youth Affairs if she has been notified by the board of Oberstown Children's Detention Campus that it is seeking legal advice regarding the latest report of the Ombudsman for Children into incidents at the campus; and if she will make a statement on the matter. [6988/19]

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Written answers

The Ombudsman for Children commenced an investigation regarding a complaint from the parent of a child who was living at Oberstown Children's Detention Centre. I understand that the complaint related to an incident in November 2016 involving the child.

In accordance with the legislation, the Ombudsman for Children issued a statement to the Board in October 2018 under Section 13(6) of the Ombudsman for Children Act 2002. The Board decided to seek legal assistance in relation to the Ombudsman's statement and it subsequently responded to the Ombudsman in November 2018.

Separately, civil legal proceedings were initiated on behalf of the child. In light of this, the Ombudsman for Children decided to discontinue his investigation. I understand that this would be normal practice when court proceedings are commenced.

It is important to note that the discontinuation of the Ombudsman's investigation is in line with Section 11(1) of the Ombudsman for Children Act 2002 (as amended) and arises from the decision to initiate civil legal proceedings, rather than from any action taken by the Board of Oberstown.

Mother and Baby Homes Inquiries

Questions (44)

Richard Boyd Barrett

Question:

44. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs the reason for the extension of the Commission of Investigation into Mother and Baby Homes; if this will be the final extension to the investigation; and if she will make a statement on the matter. [6984/19]

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Written answers

The Commission submitted a Fourth Interim Report in December of last year. In it the Commission advised that it would not be able to issue its final report within the previously agreed time frame. It requested an extension of one year in order to complete its work in full.

The Government agreed to this extension request and the Commission is now due to submit its final report by February 2020.

In making their case for an extension, the Commission outlined the sheer scale of the work involved in investigating the matters set out under its terms of reference.

Up to December 2018, the Confidential Committee of the Mother and Baby Homes Commission had met with 519 former residents or others with connections to the institutions under investigation. When the Commission requested the extension, it indicated that there were still 26 individuals awaiting hearings.

The terms of reference envisaged that the Confidential Committee would have concluded its meetings and completed its report of this aspect of its work within 18 months of commencement. Clearly there were more people than anticipated that wished to meet the Confidential Committee. I believe that as far as possible this needed to be accommodated.

In its report the Commission acknowledges the extensive material provided by the Department of Health and my own Department. While the report states that the first tranche of discovery was delivered in March 2017, the Commission has acknowledged that this is incorrect and in fact the discovery of records commenced in February 2016.

This involved considering over 340,000 inactive files. 730,000 individual pages were digitised and reviewed for relevance. My Department has delivered over 1000 digitised files to the Commission.

The Commission has reported that it is painstakingly analysing these and matching them with the records from the institutions. Their report predicts that “This should provide as comprehensive an account as is possible of the pathways of the children concerned”.

This is reassuring and significant. Hopefully, we will learn in some detail what happened to mothers and to the children who were born in the Mother and Baby Homes.

These children are now adults in their middle age and older. They want answers and they want them soon. I expect that the careful comprehensive and extensive analysis will deliver these answers in the form of robust findings in twelve months’ time.

While I am disappointed with the delay I believe that not granting the extension would have led the Commission to submit incomplete reports. That would not be in anyone’s interest.

I am pleased that the Commission will submit a detailed report on burials arrangements for people who died in these institutions by 15th March.

It is tragic that this is a very real element of what we need to know about what happened in Mother and Baby Homes. We have committed to finding out and that is the next chapter that we will deal with in the coming weeks.

Child Detention Centres

Questions (45)

Clare Daly

Question:

45. Deputy Clare Daly asked the Minister for Children and Youth Affairs if her attention has been drawn to the appearance of persons (details supplied) at the Joint Oireachtas Committee on Children and Youth Affairs on 30 January 2019 and their comments that they had discussed broader policy matters with her in view of her statements that one of the reasons that their report was not published was that they had strayed into such areas beyond the terms of reference of their review. [6989/19]

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Written answers

I am aware of the appearance of Professor Hardwicke and Professor Goldson at the Joint Oireachtas Committee on 30 January.

I note that Professor Hardwicke referred to a telephone conversation he had with me on 21 December 2016, when broad national policy on youth justice was discussed. Any suggestion that this conversation, or any conversation between myself and the reviewers, in some way expanded upon, or amended the terms of reference of the Operational Review of Oberstown Children Detention Campus is incorrect.

I always take any opportunity presented to me to listen to and reflect on diverse views on youth justice issues in my role as Minister for Children and Youth Affairs. I was interested to hear the views of an international expert such as Professor Hardwicke on a number of broader policy issues, but no part of my conversation was intended to agree, alter or broaden the terms of reference that had been set by the Board.

I would like to emphasise that the Board of Management of Oberstown commissioned the Operational Review. The Board of Management decided the terms of reference. It would therefore be inappropriate for me or any of the officials in my Department to interfere with the agreements entered into by the Board and independent parties.

Question No. 46 answered with Question No. 34.

Childcare Services Funding

Questions (47)

Brendan Smith

Question:

47. Deputy Brendan Smith asked the Minister for Children and Youth Affairs the funding provided in 2018 towards the provision of new or upgraded childcare places; the financial provision for such developments in 2019; the number of childcare places that will be supported with such funding; and if she will make a statement on the matter. [6994/19]

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Written answers

The creation of new early learning and care and school age places continues to be of utmost priority for my Department, as evidenced in the capital supports offered to providers for the purpose.

The total Capital allocation for Early Years in 2018 was €6.86m.

Of this, €3.86m was allocated for the creation of new early learning and care places. This resulted in 85 applications being approved for the creation of 1,950 new places nationwide: of these, 697 were 0-3 places, and 1,253 were ECCE places.

In addition to this, €0.76m was allocated for the creation of new school age childcare places. This resulted in 45 applications being approved for the creation of 807 new school age childcare places nationwide.

In 2019, I am pleased to have secured a total Capital budget of €9.606m for Early Years. Much of it will be targeted towards the creation of new places, but some will focus on quality and supporting the sector to meet regulatory requirements.

Of the €9.606m, €4.231m has been allocated under the 2019 Early Learning and Care Capital programme for the creation of new early learning and care places for 0-3 year olds. Individual grants of up to €50,000 will be made available to early learning and care providers under the measure.

€1m has been allocated for the creation of new school age childcare places. Individual grants of up to €20,000 will be made available under the measure.

The application window for the Capital programmes is set to open from 25th February to 27th March 2019.

It is not possible to provide an accurate figure as to the amount of new early learning and care and school age childcare places that will be created under this year's capital programmes, before the application and appraisal processes have taken place. However, I hope and expect that this year's capital allocation will build on the good work and progress achieved in previous years, and as always I anticipate that there will be great interest in the funding.

I would urge any interested providers to contact Pobal or their local City/County Childcare Committee (CCC) with any questions they may have about this year's Early Learning and Care and School Age Capital programmes.

Child and Family Agency Staff

Questions (48)

Thomas P. Broughan

Question:

48. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the measures she is taking to address the recruitment and retention issues in Tusla in cases in which qualified staff are taking agency roles in place of taking full-time contracts with Tusla; the number of unfilled vacant posts; and if she will make a statement on the matter. [6783/19]

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Written answers

I strongly support Tusla’s important work. I have secured an additional €110m for the Agency since becoming Minister with the intention of securing permanent staff resources.

I am aware that Tusla has been unable to meet its additional whole time equivalent target each year since its establishment in 2014. The failure to meet its targets include the reality that there is a limited supply of social workers in Ireland and this has contributed to making the achievement of these targets very challenging.

With regard to the number of vacant posts, Tusla has informed me that 320 posts are currently accepted by candidates and a further 569 approved permanent and temporary posts are at various stages of the recruitment process in various grade categories. In this context and to ensure continuity of service, Tusla uses agency staff. I understand at end December 2018, Tusla had 499 agency staff and 226 of these were social workers.

I remain very concerned by the growth in expenditure on temporary agency staff in recent years and I have communicated this to Tusla. Notwithstanding this, given the front line nature of Tusla’s services, it is accepted that agency staff will always be required.

In a sense the need may have grown somewhat in recent years with the significant increase in referrals, new legislation with regard to mandatory reporting and the development of new services.

Tusla has advised that all agency staff are actively encouraged to apply for Tusla’s rolling campaigns for temporary and permanent positions across all grades. However, it must be acknowledged that some individuals prefer the flexibility of agency work.

Recruitment and retention of social workers and residential social care workers for special care are two of the biggest challenges for Tusla.

There are only 200-250 social work graduates each year. It is a very competitive labour market with a variety of services recruiting such as geriatric services, disability, mental health and of course child and family services. While there are many more social care graduates each year it is a small cohort that is willing to work in the particularly challenging environment of special care.

In this context, Tusla continues to take a proactive approach to recruitment with the use of bespoke campaigns, visiting campuses in Ireland and abroad, personally engaging with students registering their interest in Tusla, assisting applicants with CORU registration and running rolling recruitment campaigns.

With regard to the supply of social workers, Tusla recently participated in a meeting hosted by my Department with key social work education stakeholders to influence the future supply of key personnel such as social workers. The first area to be examined will be social work student placements with a view to supporting the provision of more training places.

Furthermore, Tusla has also focussed on recruiting supporting grades such as clerical administration staff to ensure social workers can focus on their core tasks. I understand Tusla’s forthcoming Multi-annual Strategic Workforce Plan will build on this further over the coming years. The Plan will identify the future composition of Tusla’s workforce and I expect this plan will provide the basis for the establishment of achievable recruitment targets once it has been piloted in one or two service areas.

In December 2018, Tusla employee turnover for all grades was 5.07% versus 6.68% for the same period in 2017. This reflects the recent work Tusla has undertaken to address retention issues. It is expected that a robust retention strategy will also form a pillar of the forthcoming workforce plan’s implementation to reduce the turnover rate further and ensure better outcomes for Tusla’s total whole time equivalent staff.

Mother and Baby Homes Inquiries

Questions (49)

Seán Sherlock

Question:

49. Deputy Sean Sherlock asked the Minister for Children and Youth Affairs the reason the report of the Commission of Investigation into Mother and Baby Homes has not been published. [7073/19]

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Written answers

The Commission of Investigation into Mother and Baby Homes has issued four interim reports to date. I have published all four reports.

The Commission submitted its Fourth Interim Report in December of last year. In it the Commission advised that it would not be able to issue its final report within the previously agreed time frame and requested an extension of one year to allow it to complete its work in full. Government has agreed to this extension request and the Commission is now due to complete its work by February 2020.

In my view the public interest, and most importantly the interest of former residents, is best served by facilitating the Commission to conduct the comprehensive analysis required to make accurate and robust findings on the extensive range of sensitive issues before it.

It is important to acknowledge that the terms of reference for the Commission envisages multiple lines of inquiry relating to a number of quite different institutions over a period of more than three quarters of a century.

When I met with Judge Yvonne Murphy I was reassured by the Commission's absolute commitment to establish the full facts of what happened to women and children in these institutions.

I accept that the Commission is using its best endeavours to conclude the investigation as quickly as possible. The Chair wants to conclude matters, and I know the Deputies in the House want the same.

It is clear that the Commission is seeking to collate and analyse information on these institutions at a level of detail that has never been done before. This will greatly assist public understanding and hopefully assist individual citizens in relation to their personal story and experience.

If a decision had been made not to grant the extension sought, the Commission would effectively be obliged to submit incomplete reports this month.

I am of the view that while the delay is disappointing, there were strong public interest considerations in favour of granting the extension sought. I recommended the granting of the extension of one year to bring certainty to the time frame and to facilitate the production of the comprehensive analysis and information envisaged in the terms of reference.

The Commission has undertaken to submit its report on burial arrangements for people who died in these institutions by 15th March.

Early Childhood Care and Education Programmes

Questions (50)

John Curran

Question:

50. Deputy John Curran asked the Minister for Children and Youth Affairs if she will consider putting steps in place following the 2018 evaluation of the ABC programme to develop this programme in other disadvantaged communities; and if she will make a statement on the matter. [6949/19]

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Written answers

The Area Based Childhood (ABC) Programme is a prevention and early intervention initiative targeting investment in effective services to improve the outcomes for children and families living in a number of specific areas of disadvantage.

Established in 2013 in line with the commitment in the Programme for Government to adopt an area-based approach to tackling child poverty, the ABC Programme was designed as a time-bound, co-funding agreement led by the Department of Children and Youth Affairs (DCYA) in conjunction with The Atlantic Philanthropies (Atlantic), originally in the amount of €29.7m for the period 2013-2017. In late 2016, my Department secured additional funding to ensure that all 13 existing ABC sites remained in contract to the end of December 2017.

With the closure of The Atlantic Philanthropies operations in Ireland, DCYA is now the sole funder of the ABC Programme. In last year’s budget, further funding was secured to maintain the existing ABC Programme up to the end of 2018. As of 31st December 2018 €38.7m has been invested jointly by the co-funders to the ABC Programme (€14.9m from Atlantic and €23.8m from DCYA). A national evaluation of the ABC programme was carried out by the Centre for Effective Services (CES) and the published reports are now available on the DCYA website.

In November 2017, my Department initiated a process, in consultation with key ABC Programme stakeholders, to consider options for sustaining the work of the ABC Programme within a new vision for a community based prevention and early intervention programme from 2019 and beyond. Following these consultations, the decision was taken to transfer the current ABC Programme to Tusla, from September 2019 as part of the national Prevention, Partnership and Family Support Programme (PPFS).

A working group was established in May 2018 to support the transition into this new national structure that can build on the achievements to date in both the ABC and PPFS Programmes, and strengthen Tusla’s prevention and early intervention operations. As part of this national structure, it will take a renewed focus on addressing child poverty and inform the delivery of prevention and early intervention initiatives, improving the lives of children and families throughout Ireland.

Embedding the ABC programme and the learning from same within a wider infrastructure is key to strengthening local community based responses. It should also be recognised that the learning from the ABC and a range of other prevention programmes has been taken on by the What Works Programmes led by my Department. This is a programme that looks at enhancing quality and capacity building in the area of prevention and early intervention to effect change at systems level. It focuses on the area of information, evidence, capacity and quality development.

Moving on both of these fronts: locally, through strengthening the ABC and PPFS programmes; and nationally, through the What Works initiative, is crucial in us embedding and transferring best practice in a strategic and sustainable way.

Affordable Childcare Scheme

Questions (51)

Richard Boyd Barrett

Question:

51. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs the affordable childcare schemes available to low and middle-income families; the status of the new affordable childcare scheme that was first announced in 2016; and if she will make a statement on the matter. [6985/19]

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Written answers

In recent years, I have secured significantly increased investment in early learning and care (ELC) and school age childcare (SAC) services. The measures announced as part of Budget 2019 formed part of a trend in continued growth in childcare investment bringing the total increase to 117% over 4 years.

My Department offers a number of programmes to support low and middle income families. These include:

Early Childhood Care and Education (ECCE):

The Early Childhood Care and Education (ECCE) programme is a free pre-school programme available to all children within the eligible age range. From September 2018, all children meeting the minimum age requirement of 2 years and 8 months are eligible for a full two programme years. It provides children with a formal early learning experience prior to commencing primary school. The programme is provided three hours per day, five days per week, 38 weeks per year over the two years.

Community Childcare Subvention (CCS) and Community Childcare Subvention Plus (CCSP):

These programmes provide childcare funding support, targeting low income families, in community childcare services and private childcare services, relative to the status of the parent/s with the Department of Employment Affairs and Social Protection. They are available to children from six months to 15 years of age. For example, a parent in receipt of One Parent Family Payment may receive a maximum of €145 per week per child towards childcare fees.

Training and Employment Childcare (TEC) Programmes:

These programmes provide childcare funding support for parents participating in eligible Education and Training Boards /Solas vocational training courses, Community Employment (CE) programmes, or returning to employment The maximum subsidy provided is €145 per child per week. These subsidies are available for children up to 15 years of age.

- After-School Child Care Scheme (ASCC) - provides afterschool care for primary school children for certain categories of working parents and parents on Department of Employment Affairs and Social Protection employment programmes (not including Community Employment).

- Childcare Education and Training Support (CETS) - provides childcare to certain training course participants on courses provided by the Education and Training Boards (ETB, formerly FAS and VEC) and Secondary Schools.

- Community Employment Childcare (CEC) - provides per-school (PS) and after-school (AS) childcare for children of parents who are participating in Community Employment schemes.

Universal Subsidy (CCSU):

As part of its plan to make childcare more affordable, my Department introduced a universal subvention payment from September 2017. This subsidy is available for all parents who are not in receipt of any other childcare subsidy for children aged from 6 months to the first eligible point of entry to the ECCE programme (approximately 3 years of age).

Community Childcare Subvention Resettlement (CCSR):

This programme provides up to 60 weeks of childcare support on a part-time basis to Programme Refugees to support their resettlement and integration into Irish society, up to 5 days per week for children aged 0 – 5 years and for primary school going children during the school holidays. The parents are not charged a fee.

Community Childcare Subvention Resettlement (Transitional) (CCSR(T)): As part of the “Rebuilding Ireland – an Action Plan for Housing and Homelessness” the DCYA provides access to free childcare on a part-time and sessional basis for pre-school children (ages 0 – 5 years) and primary school children during the school holidays of families experiencing homelessness. In addition, a daily meal is provided for each child. The parents are not charged a fee.

Further to the above, the development of the Affordable Childcare Scheme continues and the Scheme will launch this October, with payments commencing in November. An external IT contractor is working with officials from DCYA and Pobal to develop the Scheme’s supporting IT system and this project is on schedule.

The Childcare Support Act, which is the legislative basis for the scheme, was signed into law by the President in July. Detailed secondary legislation and policy guidelines are currently being finalised. On the 20th of December I also signed regulations which will provide, for the first time, for the registration of school-age childcare services. These regulations will come into force on the 18th of February and will allow these services to participate in the Scheme from the very start.

As part of Budget 2019, the income threshold levels used for assessing the level of subsidy to which a parent may be entitled were raised. The lower threshold was raised from €22,700 to €26,000, meaning that more families will avail of the maximum income-related subsidies.

A comprehensive programme of communications and training is planned throughout 2019 in advance of the launch of the scheme in October and I look forward to engaging with all of the stakeholders as the launch date approaches.

Child and Family Agency Funding

Questions (52)

Richard Boyd Barrett

Question:

52. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs if the necessary funding will be secured to ensure that vulnerable families are not left without a service (details supplied) in view of the prospect of the closure of the service; and if she will make a statement on the matter. [6983/19]

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Written answers

I thank the Deputy for his question about the Cottage Home Family Support Service. I agree with the Deputy that this organisation provides valuable services to children and families in the South Dublin area.

The Deputy previously tabled questions in relation to this service. Since that time, I have met with Minister Shane Ross, representatives from the Cottage Home and representatives from Tusla the Child and Family Agency.

At this meeting, all stakeholders were provided with the opportunity to express their concerns. I subsequently raised the issue of the future funding of the Cottage Home with Tusla.

I wrote to Tusla requesting clarification on budgetary projections for spending on family support services in the Dublin South/South East/Wicklow area, and any shortfalls in Tusla's budget which would hinder the Agency in meeting identified needs.

Tusla has informed me that it does not have any additional funding to support this service.

The Cottage Home is located in the Tusla Dublin South/ Dublin South East/Wicklow area. Tusla has fully committed its funds for family support services in this area. As a result, there is no budget available to fund the Cottage Home Family Support Service, which has never received funding from Tusla. However, Tusla funds the residential service run by this organisation. In 2018, Tusla funding to the Cottage Home’s residential service came to a total of €1.6m.

Tusla has advised that it is currently compiling a Commissioning Plan for services in the area. Tusla’s commissioning approach involves looking at the priority needs within each Area, to ensure that all resources allocated will enable Tusla to achieve the best possible outcomes for children.

Tusla’s overall aim, as cited in its Commissioning Strategy, is to ensure total resources are used:

“in the most beneficial, effective, efficient, equitable, proportionate and sustainable manner in order to improve outcomes for children”.

Tusla has planned a stakeholder event as part of its commissioning process in Dublin South/ Dublin South East/Wicklow in the coming weeks. Tusla has informed me that it will invite the Cottage Home to be involved in the process.

Tusla has examined a number of options to source funding for this service, while maintaining existing funded services, but has been unsuccessful to date. Should the service have to close, Tusla will work with the Cottage Home to ensure it can provide the required alternative services to children and families.

Children in Care

Questions (53)

Bernard Durkan

Question:

53. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the number of children in residential care including fosterage and State-owned centres; and if she will make a statement on the matter. [7075/19]

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Written answers

According to Tusla's latest data to end November 2018, there were 369 children placed in residential care nationwide of which 16 children were placed in special care units, which are secure units where children may be detained for care reasons following an order from the High Court.

Foster care is the care of children outside of their own home by persons other than their parents, whether biological or adoptive, or their legal guardians. Foster parents can be relatives (relative care) or people who are unrelated to the family (general foster care). As of November 2018, there were 1,583 children in relative care. There were 3,990 children were in general foster care. Tusla reports that, at end November, these figures included 398 children in private foster care. There were 222 children in care in private/voluntary residential care, which indicates there were 147 children in Tusla operated residential care centres.

Approximately 92% of all of children in care are placed in foster settings in November 2018. Foster care is the main form of alternative care for children and the preferred option to residential care. New foster carers are always welcome and those who feel they could become a foster carer can contact their local Tusla office for further information on the application and assessment process.

Child Protection

Questions (54)

Seán Sherlock

Question:

54. Deputy Sean Sherlock asked the Minister for Children and Youth Affairs the ongoing engagement she has with an organisation (details supplied) in respect of governance and child protection matters; and if she is in receipt of reports from the organisation. [7068/19]

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Written answers

Since I became aware of the serious safeguarding and governance issues in Scouting Ireland in 2018, my Department has had ongoing engagement with Scouting Ireland. A number of meetings have taken place between myself and Scouting Ireland during the course of 2018 and in 2019 to date. Most recently I met with representatives of Scouting Ireland on 28 January to be updated on the Independent barrister’s report into issues surrounding an allegation of sexual assault by an adult volunteer against another adult volunteer. My officials met with Scouting Ireland on 7 February to discuss the detail and actions taken in relation to the latest available figures on the allegations of abuse. My officials are also being regularly updated on any internal policy changes.

As the Deputy is aware, in May 2018, I appointed Ms Jillian van Turnhout, as an independent expert, to examine the governance and related issues within Scouting Ireland. In accordance with her Terms of Reference she was asked to provide me with a clear assessment of Scouting Ireland's governance arrangements. Ms van Turnhout submitted her final report on the Review of Scouting Ireland to me on 14 June 2018. The report contained a number of recommendations in the areas of safeguarding, management of the organisation, governance proposals and charities regulation.

Following the election of a new board at an EGM on 6 October 2018 and given the significant progress made by Scouting Ireland in terms of the implementation of the Jillian van Turnhout recommendations and in the essential governance changes committed to by the organisation, funding to Scouting Ireland has been restored until the end of April 2019.

I have requested that my officials continue to monitor the implementation of the outstanding recommendations over the coming months. A further progress report detailing the implementation of the recommendations currently outstanding must be submitted to me by 31st March 2019 in advance of the April 2019 AGM. When I receive all relevant reports, I will be in a position to consider if Scouting Ireland has fully achieved the strong governance required of an organisation in receipt of public funding which would allow for consideration of the full restoration of funding.

Childcare Services Funding

Questions (55)

Brendan Smith

Question:

55. Deputy Brendan Smith asked the Minister for Children and Youth Affairs her plans to increase the level of maximum grant aid towards the provision of new or upgraded childcare facilities; and if she will make a statement on the matter. [6995/19]

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Written answers

This year I am pleased to have secured €6.106m in funding for the 2019 Early Learning and Care and School Age Childcare Capital programmes.

This funding will be delivered along three strands, as follows:

Strand A: Creation of new places for 0-3 year olds - €4.231m

This strand will offer individual grants of up to €50,000 in value to early learning and care providers for the creation of new 0-3 places where demand for these is clearly evidenced.

Strand B: Fire Safety for community early learning and care services - €0.875m

This strand will offer individual grants of up to €15,000 in value to aid community/not-for-profit early learning and care services in addressing fire safety issues that have been highlighted in inspection reports by Tusla, the HSE or Local Authorities.

Strand C: Creation of new school age places - €1m

This strand will offer individual grants of up to €20,000 in value to school age childcare providers for the creation of new school age places where demand for these is clearly evidenced.

As you are aware, the Capital programmes are necessarily a budget limited exercise. Therefore, the maximum grant size available under each of these strands has been determined in consideration of both optimising what can be delivered by each individual grant, as well as maximising the amount of providers and children that will ultimately benefit from the funding.

The maximum grants available under this year's capital programmes will not be subject to change. However, I am delighted to have secured €250m in capital funding for early learning and care under the National Development Plan (NDP, 2018-2027). This represents the kind of large scale investment in the sector by the state that has not been undertaken since the wrapping up of the National Childcare Investment Programme (NCIP) in 2010.

Research is currently on-going in my Department to determine areas of specific need that this funding will be used to address.

Brexit Preparations

Questions (56)

Maureen O'Sullivan

Question:

56. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs the preparations she has made for children in care orders in the UK in the event of a no-deal Brexit; her views on whether there will be difficulties in general with care orders when the UK withdraws from the EU; and if she will make a statement on the matter. [7029/19]

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Written answers

Under the Child Care Act 1991 (as amended), the making, varying and termination of care orders is a matter for the Irish district courts. Brexit will have no foreseeable impact in this regard.

Children who are in the care of the State may be placed in other jurisdictions, including the United Kingdom, for considerations which can include the need for specific therapeutic or other interventions which can only be provided in specific settings due to the level of specialised care and support required.

Council Regulation No. 2201/2003 (the Brussels II bis Regulation) provides a framework for information sharing in relation to such placements between member states. Tusla is liaising with the Department of Justice and Equality in relation to the impact of Brexit on relevant applications under domestic and international instruments. It will also continue to engage with my Department, and other Government Departments, as required, to ensure that it is in position to establish appropriate procedures to be followed under national law and international conventions in the event that the United Kingdom should cease to be party to this Regulation.

It is important to note that issues pertaining to Brussels II bis are primarily matters for the Department of Justice and Equality and as such will be considered in conjunction with colleagues from that Department as part of the wider negotiating process.

I can assure the Deputy that I will continue to work closely with colleagues across Government to protect the rights of children and to address the challenges resulting from Brexit.

Childcare Services Provision

Questions (57)

Shane Cassells

Question:

57. Deputy Shane Cassells asked the Minister for Children and Youth Affairs the way in which she will ensure that services will be able to offer the affordable childcare scheme and provide sufficient childcare places if they are being penalised should parents not take up the full amount of hours requested on a weekly basis and thus their sustainability is brought into question; and if she will make a statement on the matter. [7072/19]

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Written answers

The Government policy relating to the new Affordable Childcare Scheme (ACS) was informed by evidence and with the best interests of children and families in mind. The legislation supporting the scheme, the Childcare Support Act 2018, was the subject of much discussion in the Houses and many elements of the policy were considered by the Joint Oireachtas Committee on Children on a number of occasions. A Regulatory Impact Analysis was conducted as part of the ACS development.

The ACS, when introduced, will represent a major landmark for all children and families in Ireland, and especially for lower income families and lone parents. International reports have stated that ACS will significantly address affordability for lower income families, with analysis showing that Ireland will, for example, change from being the most expensive country in the OECD for childcare for lone parents, to 11th position. This will also have strong financial benefits for the childcare sector.

The scheme will also increase accessibility, in particular, by providing a coherent and progressive system of income-related subsidies. By contrast, under the existing targeted schemes, subsidies are dependent on parents being in receipt of certain social welfare payments or a medical card or participating in particular training programmes.

Consistent with enhancing accessibility, the scheme is designed to be flexible. It acknowledges that childcare needs differ widely across different families. It reflects the fact that parents and providers currently agree the childcare arrangements, based on a combination of parental need and what the service can reasonably provide. Under the scheme, parents and providers can continue to agree childcare requirements amongst themselves. The scheme will then pay subsidies towards the cost of the agreed childcare arrangements up to a maximum number of hours per week. It will remain a matter for childcare providers themselves to set their own fees and determine their own admission policies.

Subsidies under the ACS will be paid subject to a child regularly using the childcare place. In other words, the scheme will contain rules in relation to circumstances where a child leaves the service, is absent or is not fully using the agreed place over a prolonged period. These rules will be child-centred, fair and proportionate, clear and consistent. They will recognise the need for flexibility for parents. They will not disadvantage services for what can be considered minor non-attendances. At the same time, they will recognise the need to protect State finances by ensuring that Exchequer funds are used to support the maximum number of families in need of financial support, represent value for money for taxpayers, and are managed and allocated in accordance with robust and appropriate procedures.

A comprehensive programme of information, training and supports for providers, parents and other stakeholders will shortly be rolled out. Training for providers will be tailored and timed to suit the needs of busy childcare providers, and will include full details of Scheme rules. It is hoped that the extensive information and training will reassure providers re the reasonableness of the scheme, part of which was informed by focus groups and user testing with providers and parents. Details of the information and training programme will be communicated in the coming weeks.

Question No. 58 answered with Question No. 34.

Child and Family Agency

Questions (59)

Catherine Connolly

Question:

59. Deputy Catherine Connolly asked the Minister for Children and Youth Affairs the actions and timelines for implementation of actions undertaken pursuant to the conclusions of the Charleton report relating to Tusla; and if she will make a statement on the matter. [7144/19]

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Written answers

While the third interim report from the Disclosures Tribunal was, as Mr Justice Charleton observed, primarily about holding policing to account, the report does make direct criticisms of Tusla, the Child and Family Agency. There were clear improvements needed in the standards of management and accountability within Tusla's Cavan Monaghan area. I raised this with Tusla's Board and asked them to consider the steps it would take in terms of a management response and in terms of changing the culture of the agency.

Tusla has advised me that the Cavan Monaghan area is the subject of a comprehensive service improvement plan and is making improvements in governance, the management of current and retrospective cases, data protection and the management of risk.

The key issues raised in the Tribunal's report were already identified in the HIQA statutory investigation report, carried out at my direction and published in June 2018. The strategic action plan published by Tusla will address these concerns across all 17 of Tusla's service areas. The plan identifies a member of the senior management team to lead on each of the nine improvement themes, and includes a timeframe for completion for each of the 46 actions, covering the period 2019/2020. The strategic action plan is available on Tusla's website.

This strategic action plan encompasses the improvement and strengthening of the referrals process, the more timely and effective screening of referrals for risk, the management of retrospective cases, the prioritisation methodology of unallocated cases, a national performance and accountability framework, and improving governance.

This strategic action plan is subject to oversight by Tusla's Board. In addition, I have established an Expert Assurance Group (EAG) to monitor and advise me on the implementation of the recommendations from the HIQA report.

The EAG, my Department and Tusla's Board will continue to support and advise the Tusla Executive on its implementation of all actions addressing the serious issues identified by the Disclosures Tribunal and the report of HIQA's statutory investigation.

Affordable Childcare Scheme Eligibility

Questions (60)

Anne Rabbitte

Question:

60. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her attention has been drawn to the considerable implications that the new afterschool care regulations will have for schools and childcare providers; and her views on whether sufficient consultation was conducted with the affected groups. [7066/19]

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Written answers

I signed important new Regulations recently which will come into force on 18th February. These Regulations will enable school-age childcare services to register with Tusla in time to take part in the Affordable Childcare Scheme when it opens later this year. This will make school-age childcare more affordable for many parents.

The regulation of school-age childcare is an important measure to secure children's health, safety and welfare. The Affordable Childcare Scheme will only be available to services that are registered with Tusla, a critical quality assurance measure associated with the provision of State funding.

Whilst the regulations are to be welcomed for their part in improving the affordability and quality of school age childcare, I am conscious of the impact they may have on providers, and I have made provisions accordingly. With regard to registration, existing services will have 6 months in which to apply for registration with Tusla if they are also registered as pre-school services. Existing services that only provide school-age childcare will have 3 months in which to apply for registration with Tusla. A person who proposes to set up a new service will be required to apply for registration at least 3 months before commencing the service.

The Regulations, including the minimum ratio requirement of 1 adult to 12 children, were developed following the advice of the School Age Childcare Standards Working Group, which in 2018 submitted proposals for school-age childcare standards. Membership of the Group included representatives from across the school-age childcare sector. In developing their proposals, the Working Group reviewed international evidence and practice. The Group was reconvened for a further meeting with officials in September 2018, during drafting of the Regulations, for consultation specifically on the adult-child ratio and outdoor space requirements. Their work followed that of a previous Expert Group led by the Department of Justice and Equality in 2005 which at that time recommended a ratio of 1 adult to 8 children.

I acknowledge that some services may require additional time to adjust to the minimum ratio of 1 adult to 12 children. Officials in my Department have had discussions on this issue recently with a number of sector representatives. As a result of these consultations, I have decided to extend the commencement date of the minimum ratio requirements by six months. This will mean that existing services will be given until 18th August to become fully compliant with these specific requirements, irrespective of the date on which they register with Tusla. I propose to sign the necessary Regulations to give this effect in advance of 18th February. The Regulations are subject to the consent of the Ministers for Education and Skills and Housing, Planning and Local Government.

School age childcare services will continue to be eligible for the existing funding schemes (CCSP, TEC, etc) until the Affordable Childcare Scheme will replace them. Capital funding of €1 million will also be made available to support the expansion of an existing school age childcare service or to set up a new school age childcare facility where demand is currently not being met at a local level. Services may be standalone or part of an early learning and care service.

Public consultation is planned this summer in advance of the development of a fuller set of Regulations that will replace the initial Regulations and cover additional quality objectives. The Comprehensive Regulations will set out minimum requirements for the health, safety, welfare and development of children attending school-age childcare services. A key priority will be the development of an appropriate qualification for the school-age childcare workforce. First 5, which was published in November 2018, committed to requiring that all school-age childcare staff hold a minimum qualification, with the level of qualification to be determined by the end of 2019.

Child Poverty

Questions (61)

Richard Boyd Barrett

Question:

61. Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs if her attention has been drawn to a new campaign (details supplied) by an organisation and its five key demands relating to food poverty, health, exclusion, education and housing; the way in which she plans to respond to same; and if she will make a statement on the matter. [6986/19]

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Written answers

I am aware of this new campaign and the five key demands in relation to food poverty, health, exclusion, education and housing.

These key issues highlighted during the campaign involve various Government Departments. My Department works closely with the Department of Employment Affairs and Social Protection, which has the lead role in co-ordinating strategies on poverty and the National Plan for Social Inclusion, but reducing poverty among children and others, also involves the Department of the Department of Education and the Department of Health, among others. We are adopting a cross Government approach which is for the benefit of children.

This work is reflected through the comprehensive policy framework Better Outcomes, Brighter Futures, led by my Department, and underpinned by actions which are making a real difference on the ground for children, including those most vulnerable.

The ‘Whole-of-Government Approach to Tackling Child poverty’ paper, published in 2017, involved the active input of the National Advisory Council for children and young people and other key non-governmental organisations.

In recognition of the higher risks and life-long consequences of child poverty, the Government set a child-specific poverty target in Better Outcomes, Brighter Futures to reduce consistent child poverty by at least two-thirds on 2011 levels by 2020.

This target has been actioned through a whole-of-Government approach. The plan identifies six priority area for actions, namely: 1) providing universal access to general practitioner care for those under 18 years; 2) reducing the cost of education; 3) housing; 4) affordable childcare; 5) labour activation; and 6) the provision of in-work benefits. My own focus has been on affordable childcare.

In my portfolio as Minister for Children, I have had the opportunity to secure significant public investment in high quality, affordable childcare and early learning. The annual investment has increased by 117% since 2015. Our early years schemes operate on policy that provide the highest level of subsidization to families with the lowest incomes.

I believe it is important that we have progress indicators that accurately reflect the policy interventions and the improvements they are delivering.

The latest data from the 2017 Survey on Income and Living Conditions (SILC) shows a significant reduction in the consistent poverty rate for children, which decreased from 10.9% in 2016 to 8.8% in 2017, a reduction of just over 2 percentage points, and is the second highest reduction in the rate since the collection of SILC data began in 2004. This equates to a drop of 24,000 children living in consistent poverty over that 12-month period.

I have continually emphasised the importance of eradicating child poverty and hunger and that collective and cross-sectoral action is critical in ensuring policy impact.

In November 2018, I hosted a high level workshop focusing on child poverty which deliberated on how the UN Sustainable Development Goals framework could help to end child poverty and hunger in Ireland. The workshop attended by senior officials from all Government Departments represented at the BOBF Consortium, the BOBF Advisory Council, ESRI and other research centres, the civil society and academia resonated the importance of eradicating child poverty and hunger as well as the need for cross-Government work to achieve this.

This cross-Government approach will continue and we will redouble our efforts to continue with the progress made in the recent years.

It is my intention to meet with the Chief Executive of the Children’s Rights Alliance in the coming weeks to discuss this campaign and how we can continue to focus on and address these important issues.

Domestic Violence Refuges Provision

Questions (62)

Denise Mitchell

Question:

62. Deputy Denise Mitchell asked the Minister for Children and Youth Affairs the number of refuge spaces for abuse victims here; the level of funding for the services; if additional funding or resourcing is required; and if she will make a statement on the matter. [6781/19]

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Written answers

I have secured additional funding of €1.5 million for Domestic, Sexual and Gender Based Violence (DSGBV) services in 2019. I am pleased to confirm that Tusla, the Child and Family Agency will receive €25.3 million for these services this year.

Tusla has responsibility for the provision of funding, co-ordination and support to 59 organisations nationally that deliver a range of services to victims of domestic, sexual and gender based violence.

22 of these organisations provide emergency refuge and emergency non-refuge accommodation to victims of domestic violence and their children, with a total of 155 family units of emergency accommodation - 145 in emergency refuges and 10 in safe homes. This figure of 155 units includes 9 units of accommodation in the Rathmines Refuge, Dublin which was temporarily closed for essential refurbishment works. This facility is expected to re-open as a domestic violence refuge in the coming weeks.

There are challenges to be addressed in ensuring that there is an appropriate configuration of spaces available to all women and children who require emergency refuge accommodation. At all times, Tusla seeks to achieve the optimum use of specialist emergency accommodation while also focusing on prevention and effective community based services to avoid, in so far as possible, the need for use of refuges by vulnerable women and families.

A strong focus for Tusla is on improved geographical access to services and the provision of additional emergency refuge capacity nationally. Tusla is progressing its planning around additional refuge developments in areas of under-provision to improve access to safe emergency accommodation for victims of domestic violence.

It is important that the needs of victims of domestic violence are met in the best way possible, with due attention to the quality, accessibility, and outcome of services. I am committed to supporting the Agency in meeting the needs of individuals who experience domestic violence. I will engage with Tusla as to how the additional funding that I have secured for DSGBV services will be assigned in 2019.

National Disability Strategy Implementation Plan

Questions (63)

Gino Kenny

Question:

63. Deputy Gino Kenny asked the Minister for Children and Youth Affairs her plans to disability proof the policies of her Department in the future; and if she will make a statement on the matter. [6746/19]

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Written answers

My Department is actively involved in initiatives to improve the lives of children and young people living with a disability and is a member of the National Disability Inclusion Strategy (NDIS) 2017 – 2020 Oversight Group. Under this strategy my Department has it's own Disability Consultative Committee.

This Committee is made up of staff from across my Department; and four independent members, three of which are nominated by the Disability Stakeholders Group (DSG); and a representative of the National Disability Authority (NDA).

The DSG is an independent body which plays an important role in the review and implementation of the National Disability Inclusion Strategy 2017 – 2021, as well as contributing to the State’s programme of implementation of the United Nations Convention on the Rights of Persons with Disabilities. The National Disability Authority (NDA) is an independent statutory body which provides information and advice to the Government on policy and practice relevant to the lives of persons with disabilities.

The Consultative Committee reviews existing and proposed policies of my Department as they relate to children and young people living with a disability. The knowledge and input provided by the independent members who are experts in the field of disability matters, is of great assistance to my Department in implementing such policies.

Legislative Process

Questions (64)

Anne Rabbitte

Question:

64. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the status of the Adoption (Information and Tracing) Bill 2016; and if she will make a statement on the matter. [7064/19]

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Written answers

It is my intention to progress to Committee Stage of the Adoption (Information and Tracing) Bill 2016 in the Seanad Éireann as quickly as possible.

It is intended that a number of Government amendments will be proposed at Committee Stage or Report Stage. These are currently being finalised.

Some of these amendments seek to address concerns raised about elements of the Bill during the debate on Second Stage in the Seanad and by advocates and lobby groups, particularly in relation to the privacy provisions contained in the bill. I am continuing to actively explore all options in relation to facilitating the release of as much birth information as possible to adopted and other relevant persons.

In addition, my Department is consulting with the Data Protection Commissioner to determine if amendments are required to ensure compliance with the GDPR.

Child and Family Agency Data

Questions (65)

Thomas P. Broughan

Question:

65. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the number of child protection and welfare concerns reported via the web portal child protection and welfare report form on a monthly basis since the operation of the web portal; the number of these reports assigned to social workers; the number of reports that have been investigated; the number awaiting allocation of a social worker and-or investigation; and if she will make a statement on the matter. [6782/19]

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Written answers

I have been advised by Tusla, the Child and Family Agency, that the data requested is not available in the format requested by the Deputy. Tusla has advised that 10,811 online child protection and welfare reports were received through the webportal to the end of 2018.

Tusla collates data on overall referrals and mandated reports, which form part of the total of all referrals. These are inclusive of referrals received via the web portal. Tusla also publishes data on the numbers of open cases which have been allocated a social worker. I understand that, as a case can be the subject of a number of referrals, the data on the allocation of social workers relates to open cases only, and not individual referrals.

All referrals to Tusla Social Work Services are screened as they are received, irrespective of the source. The first consideration when receiving a referral is the immediate safety of the child.

Monthly referrals data, which are provisional as this data is validated quarterly only, indicates that there were at least 52,779 referrals received up to November 2018. Overall Tusla received approx. 5,000 referrals each month from all sources in 2018, comprising around 40% child abuse concerns and 60% welfare concerns. The number of mandated reports typically represents between 20 and 25% of all referrals received in a given month.

At the end of November 2018, Tusla has indicated that there were 6,046 cases without an allocated social worker out of a total of 26,007 open cases.

Tusla introduced the web portal for the reporting of concerns in January 2018, following the commencement the previous December of the mandatory reporting provisions of the Children First Act 2015. The portal is not the only means for a report to be submitted although it is considered the preferred method, particularly for reports from mandatory reporters.

Under the legislation, the decision on whether a report is a mandated report or not rests with the person making the report. It is then Tusla's role to screen and assess these. When a referral or mandated report is examined in detail by social workers, it may be determined that it requires a social work intervention or it may be more appropriate other interventions or services, such as a family or community based support. It is also possible that Tusla is aware of the case and appropriate actions are already underway. Data on activity and performance is published regularly on Tusla's website, www.tusla.ie.

Family Resource Centres

Questions (66)

John Curran

Question:

66. Deputy John Curran asked the Minister for Children and Youth Affairs if she is satisfied that all family resource centres are adequately funded in the most disadvantaged communities; and if she will make a statement on the matter. [6948/19]

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Written answers

I am pleased to inform the Deputy that funding of some €18 million is being made available to the Family Resource Centre Programme, which is administered by Tusla, the Child and Family Agency. This is an increase of €1.5 million over 2018 funding.

In financial terms, funding for the Family Resource Programme, is now the highest it has been for almost a decade.

Family Resource Centres are located throughout the country and provide services to areas designated as disadvantaged. In the 2019 Performance Statement for Tusla, I have emphasised that additional funding provided this year is to support and develop existing Family Resource Centres.

Throughout the country I have seen at first hand the work of Family Resource Centres in transforming lives. I secured additional funding for Family Resources Centres in 2018 and I am pleased to be able to provide further support again this year. I do recognise that Family Resource Centres, like other services, are experiencing significant cost pressures due to rising rents, utility and wage costs.

Decisions made by Tusla in relation to the funding of individual Family Resource Centres have regard to location, size and catchment area of each centre. The process aims to be equitable and transparent.

All decisions are made to ensure available resources are applied in improving outcomes for children and families in the most equitable, proportionate and sustainable way.

Family Resource Centres form an integral part of Tusla's family support and prevention services. Through its local office network, Tusla provides additional funding to individual Family Resource Centres involved in the delivery of family support and prevention programmes.

I am committed to the further development of Family Resource Centres and I will continue to seek funding for them in future budget discussions.

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