Dáil Éireann Debate, Thursday - 7 October 2021
307. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which adequate support is available to children at risk in all situations throughout the country; the action taken or pending on any particularly sensitive cases; and if he will make a statement on the matter. [49004/21]
View answerI must advise the Deputy that it is not appropriate for me to comment on action taken or pending in respect of individual and/or particularly sensitive child protection matters or child care proceedings.
Tusla, the Child and Family Agency, is the statutory body with responsibility for child protection and welfare services. If I, or my officials, become aware of a situation in which a child is considered to be at risk, that concern is communicated to Tusla as a matter of urgency.
If a child appears to be at risk of harm or neglect, the concerns should be reported to Tusla. Anyone can report a concern about a child to Tusla, and information on how to do so is available on the Tusla website. If a child is at immediate risk or in danger, An Garda Síochána (AGS) should be alerted without delay.
Tusla acts urgently on notification of an immediate risk to a child. Children who are in a situation of immediate risk may initially be dealt with by AGS or by Tusla, but in the main both agencies work together in such cases.
Tusla has an out of hours emergency number for AGS which provides advice to the AGS based on the circumstances and also can identify where a child is listed on the Child Protection Notification System. There is a 24/7 'out of hours' social work team available in Dublin, Wicklow, Kildare and Cork and on call social workers in other areas. Tusla has a network of emergency foster care placements for children in need of emergency care out of hours.
Gardaí have specific powers under Section 12 of the Child Care Act to remove a child from a situation of danger, and under Section 13 of that same act, to deliver that child into the custody of Tusla. Tusla will at that point carry out an assessment to determine the child's needs. This may in some cases include applying for an Emergency Care Order. In all cases, a plan will be put in place to ensure that the child is safe from harm. Where a child is already in care, Tusla will make a determination as to whether the child is safe in their placement or if they need to be moved.
In April 2021 Tusla published research undertaken by National University of Ireland Galway (NUIG) which examined the actions undertaken by Tusla social workers when AGS transfer custody of a child to their care, following the AGS removing the child under Section 12 of the Child Care Act 1991. This research was carried out following the publication of an audit report, by the former Special Rapporteur for Child Protection, of the use of Section 12 by AGS.
A total of 452 cases recorded in Tusla’s Section 12 database for the period July 1st 2016 to June 30th 2017 were analysed. The findings showed that most of the children were aged 15 to 17 years and there were slightly more boys than girls. The research also showed that the most commonly reported reasons for invoking a Section 12 were:
- Severe parenting Difficulties
- Parental Alcohol/Drug Abuse
- Child Behaviour Difficulties.
As the data for the report was collected in 2016/2017 many of the findings of the report, and subsequent recommendations, have been addressed through ongoing service development and improvement in Tusla, including, as mentioned, the standardised processes of communication between Tusla and AGS.
