The Children First Act 2015 places a number of statutory obligations on specific groups of professionals and on particular organisations providing services to children. Children’s First Guidance 2017 includes information on the statutory obligations for those individuals and organisations under the Act. It also sets out the best practice procedures that should be in place for all organisations providing services to children.
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 vulnerable, 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. Referrals to Tusla increased by 8% in 2021.
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.
Where a referral to Tusla outlines a welfare concern, Tusla can respond directly or refer the child and family to a family support services in the locality.
The Deputy is seeking information on the number of children throughout the country by region who are currently in need of or in receipt of support. I have asked Tusla to consider the Deputy's request from a child welfare and protection perspective and to respond to the Deputy directly as appropriate.
