Dáil Éireann Debate, Tuesday - 29 March 2022
501. Deputy Brian Stanley asked the Minister for Children, Equality, Disability, Integration and Youth the current situation regarding children placed under private family arrangement; and if this practice complies with the relevant childcare legislation and European convention. [15867/22]
View answerTusla’s statutory obligations in relation to children and families stem primarily from the Child Care Act 1991. Tusla is responsible for promoting the welfare of children not receiving adequate care and protection. In doing so, the best interests of the child are paramount, but Tusla also seeks to have regard to the rights of parents and to the principle that it is generally in the best interests of a child that they are brought up in their own family.
In this context, Tusla may take a child into care, in accordance with the statutory provisions, when a parent is unable to provide that care and requests that Tusla provide alternative care for their child, or where it has been determined through a judicial process that the child has been exposed to a level of harm and/or will be exposed to a level of harm that cannot be prevented other than removing them from the parent’s care.
There is no formal definition of “private family arrangements”, but there are a number of circumstances in which Tusla may engage with a child and their family, where the child is not in care.
As part of Tusla’s intervention, a parent and their wider family may agree to a plan that sees a child living with extended family, relatives or friends. Such arrangements can be a key component of a safety planning process where there are ongoing concerns of harm to a child that require Tusla’s ongoing involvement to assure the child’s safety. Tusla remains involved in such cases until such time as the child’s safety has been evidenced over time or until a decision is made to invoke formal care arrangements, which can be in the form of relative foster care.
A parent and their extended family can also agree a temporary arrangement to support the care of the child while the parent gets respite and support. Where support is required Tusla can provide such support to the child, parent and carer through what is often referred to as a family support plan. There are also legal provisions under guardianship legislation for the family to have such arrangements made more formal through the appointment of a temporary or full guardian. Tusla is often made a notice party to such applications to support the Court in its decision making process.
A parent/family may also enter into a temporary care arrangement with a relative where no support is required and where Tusla has no involvement. Where a parent enters into a private care arrangement with someone who is not a guardian or relative and where Tusla has not had any involvement, the Child Care Act (Part IVB) requires the parent to notify Tusla of such an arrangement. Tusla has the authority to determine the suitability of such an arrangement if required and to apply to the District Court for directions if it believes the arrangement is not in the child’s best interests. Such notifications are rare.
If Tusla has concerns in relation to a child’s safety or welfare or risk of harm, wherever the child is placed, Tusla would provide the same supports and interventions that they provide to any family including invoking the statutory processes to take a child into care under the Child Care Act 1991.
As you will be aware the Department submitted proposals to amend the Child Care Act, and received Government approval for the drafting of the Heads and General Scheme of a Child Care (Amendment) Bill. The Heads of Bill are currently being drafted, and further policy work is being undertaken. Consideration of the role of Tusla in supporting children and families in the community and in the formal care system forms part of the process.
