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Thursday, 13 Oct 2022

Written Answers Nos. 318-333

Budget 2023

Questions (318)

Verona Murphy

Question:

318. Deputy Verona Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if he accepts that the measly 1.6% budget increase in funding for the provision of youth work is wholly inadequate; and if he will make a statement on the matter. [50742/22]

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Written answers

My Department is making a significant investment in youth services in 2023, building on the increases in recent years and securing the achievements into the future.

The full package of funding for youth services and programmes in my Department is €75 million. This includes €72.95 million for current funding and €2.7 million in capital funds for minor works, equipment, and contributions towards playgrounds with local authorities. The year on year increase in the Budget figures is 1.6% in current, some 80% in capital, giving 2.4% overall.

From 2020 to Budget 2023, current Exchequer funding for youth services and programmes increased from €61.789 million to €72.948 million, an 18% increase overall.

I intend for the increases to the Budget 2023 allocation to focus on further investment in local and national youth organisations. In particular the funding schemes of UBU Your Place Your Space, the Youth Services Grant Scheme and Youth Information Centres.

In securing €10 million over 2021 and 2022 I ensured that there was more than simple general increases. From 2021 on, I have secured funding for 16 new services under UBU Your Place Your Space, including a number in rural areas in Kerry, Clare, Mayo and Donegal. I have augmented the funding allocation for some 100 UBU funded organisations. I added over €1.58 million to their base funding in addition to the wider increase allocated in 2021 and 2022. This augmentation addressed cost pressures and assisted smaller organisations to increase their staffing levels. The new services and augmented allocations are secure in the current funding being provided in Budget 2023.

In addition, I have initiated a reform of the Youth Service Grant Scheme and commissioning research to inform plans to modernise youth information funding. This is the first time either of these funding schemes have received such attention in many years.

Consultation with key stakeholders is planned on 2023’s Budget allocation. My officials are examining the options for this year’s allocation in advance of the publication of the Revised Estimates Volume.

The increased level of funding will consolidate the achievements since 2020 and provide a strong platform into the future.

Judicial Reviews

Questions (319)

Catherine Murphy

Question:

319. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the number of judicial reviews taken against his Department in the past ten years to date in 2022, in tabular form; if he will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by his Department as a result of judicial reviews over that time period. [50751/22]

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Written answers

The Department, with assistance from the Chief State Solicitor's Office, is working to collate the information sought. The information will issue to the Deputy within 10 working days.

Early Childhood Care and Education

Questions (320)

Eoin Ó Broin

Question:

320. Deputy Eoin Ó Broin asked the Minister for Children, Equality, Disability, Integration and Youth the number of childcare facilities currently registered with his Department in an area (details supplied); the number of childcare spaces available throughout these facilities; and if his Department is aware of further applications for registration of childcare facilities in this area in the coming months. [50811/22]

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Written answers

As the subject matter of the Deputy's question relates to an operational matter for Tusla, I have referred the matter to them for a direct reply.

Social Welfare Benefits

Questions (321)

Michael Healy-Rae

Question:

321. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth his plans, if any, to link a foster carer's allowance in an incremental way, just in the same way that a clerical officer would have their income increased; and if he will make a statement on the matter. [50828/22]

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Written answers

Foster carers are paid at a rate of €325 per week for a child under 12, and €352 per week for a child over 12 and under 18. In certain circumstances, where the necessary criteria are met, enhanced and additional payments may be made.

In addition to the foster care allowance, foster carers receive a number of targeted supports to ensure they continue to function as a recognised and valued part of the alternative care system. Key elements of this support include a link social worker, access to training and support group meetings and the allocation of a social worker for each child in care. Respite care for children may be arranged if it is part of their care plan.

The foster care allowance is one element of the support that Tusla provides to carers when they offer a home and care to children some of whom may have additional, and sometimes significant, needs.

Myself and the CEO of Tusla met in the aftermath of the budget, and discussed the issue of supports to foster carers. I recognise that foster carers, like many others, are experiencing cost of living pressures and both myself and Tusla want to respond to this in a positive and meaningful way.

Following this engagement it has been agreed that a single additional once-off cost of living payment in respect of each child in foster care is to be paid as soon as practicable. The payment is to be made at the current foster care allowance rate of €325 for a child under 12 and €352 for a child over 12. It is the intention of Tusla and my Department that the payment should issue before the end of 2022, to all applicable cohorts of foster carers.

My Department has no plans to introduce an incremental scale in respect of the foster care allowance.

I will continue to work with Tusla in the coming months to improve the supports available to foster carers. I will also pursue an increase in the current rate of the foster care allowance in future budgets.

Official Engagements

Questions (322)

Thomas Pringle

Question:

322. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth the dates on which he met with the CEO of Tusla (details supplied); and if he will make a statement on the matter. [50831/22]

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Written answers

I met with the CEO and the Chair of the Board of Tusla as well as the chairs of board committees on the 29th of September 2022, as part of my scheduled quarterly meetings with the Tusla Board.

The outcome of Budget 2023 was discussed during the meeting, including supports available to foster carers and options to explore further potential measures, such as the waiting period for foster carers until they are entitled to Child Benefit for the foster child placed with them amongst others.

I am aware of the decrease in the number of foster carers and foster care placements and I am aware that Tusla are making efforts to address and reverse these trends. I support their work in this area. Foster carers are the bedrock of our alternative care system in Ireland.

The finalisation of Tusla’s Strategic Plan on Foster Care 2022-2025 was also noted. This plan will provide an opportunity for further discussion on crucial issues relating to foster care, and to supporting foster carers to continue to deliver high quality care to children in care.

I am committed to continuing to engage with officials, Minister Humphreys and my other cabinet colleagues to examine further potential measures to support foster carers.

Official Engagements

Questions (323)

Thomas Pringle

Question:

323. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if he will outline the nature and extent of his engagements with the Taoiseach and CEO of Tusla (details supplied); and if he will make a statement on the matter. [50832/22]

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Written answers

I met with the CEO and the Chair of the Board of Tusla as well as the chairs of board committees on the 29th of September 2022, as part of my scheduled quarterly meetings with the Tusla Board. The outcome of Budget 2023 was discussed during the meeting, including supports available to foster carers and options to explore further potential measures, such as the waiting period for foster carers until they are entitled to Child Benefit for the foster child placed with them amongst others.

The finalisation of Tusla’s Strategic Plan on Foster Care 2022-2025 was also noted. This plan will provide an opportunity for further discussion on crucial issues relating to foster care, and to supporting foster carers to continue to deliver high quality care to children in care.

Myself and the CEO of Tusla have had discussions in the aftermath of the budget, and further discussed the issues of supports to foster carers. Following this engagement it was agreed that a single additional once-off cost of living payment would be paid in respect of each child in foster care. The payment is to be made at the current foster care allowance rate of €325 for a child under 12 and €352 for a child over 12 and under 18, and is intended to assist in alleviating the financial pressures foster carers are currently facing.

The Taoiseach has also spoken directly with me on the matter.

I am committed to working with Tusla on the issues raised in their Strategic Plan and in the consultations, including with foster carers, that contributed to its development.

I am aware that the Deputy and the Taoiseach discussed the matter of a meeting with the Irish Foster Care Association in Dáil Éireann on 5th October. I have agreed to meet with the IFCA and the meeting will take place before the end of the month. I will also be speaking at the IFCA Annual Conference on 5th November.

Official Engagements

Questions (324)

Thomas Pringle

Question:

324. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if he will report on the outcomes from his engagements with the CEO of Tusla prior to the passage of the Finance Bill 2022 (details supplied); and if he will make a statement on the matter. [50833/22]

View answer

Written answers

I met with the CEO and the Chair of the Board of Tusla as well as the chairs of board committees on the 29th of September 2022, as part of my scheduled quarterly meetings with the Tusla Board. The outcome of Budget 2023 was discussed during the meeting, including supports available to foster carers and options to explore further potential measures, such as the waiting period for foster carers until they are entitled to Child Benefit for the foster child placed with them amongst others.

The finalisation of Tusla’s Strategic Plan on Foster Care 2022-2025 was also noted. This plan will provide an opportunity for further discussion on crucial issues relating to foster care, and to supporting foster carers to continue to deliver high quality care to children in care.

Myself and the CEO of Tusla have had discussions in the aftermath of the budget, and further discussed the issues of supports to foster carers. Following this engagement it was agreed that a single additional once-off cost of living payment would be paid in respect of each child in foster care. The payment is to be made at the current foster care allowance rate of €325 for a child under 12 and €352 for a child over 12 and under 18, and is intended to assist in alleviating the financial pressures foster carers are currently facing.

I am committed to working with Tusla on the issues raised in their Strategic Plan and in the consultations, including with foster carers, that contributed to its development.

I am aware that the Deputy and the Taoiseach discussed the matter of a meeting with the Irish Foster Care Association in Dáil Éireann on 5th October. I have agreed to meet with the IFCA and the meeting will take place before the end of the month. I will also be speaking at the IFCA Annual Conference on 5th November.

Official Engagements

Questions (325)

Thomas Pringle

Question:

325. Deputy Thomas Pringle asked the Minister for Children, Equality, Disability, Integration and Youth if he will commit to meeting with a delegation from an organisation (details supplied) prior to the passage of the Finance Bill 2022; and if he will make a statement on the matter. [50834/22]

View answer

Written answers

I can inform the Deputy that I have received a formal written request to meet with the organisation in question, which I have accepted. The meeting will take place before the end of the month.

Ukraine War

Questions (326)

Pearse Doherty

Question:

326. Deputy Pearse Doherty asked the Minister for Children, Equality, Disability, Integration and Youth the number of Ukrainian refugees who have been settled in County Donegal, broken down by townlands; the number of the premises in which Ukrainian refugees are now settled that were previously used as rental accommodation; and the steps that his Department has taken to ensure that nobody has been displaced. [50924/22]

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Written answers

Since the outbreak of the war in Ukraine on 24 February, and the invoking of the temporary protection Directive by the European Union shortly afterwards, my Department has worked intensively as part of the cross-governmental response to the Ukraine crisis.

The operational challenges brought about by responding to the conflict are significant. Our country has never experienced an influx of displaced persons like the one that we have seen over the past months. My Department’s role is focused on the immediate, short-term accommodation needs of those who have fled here.

To date, more than 51,000 people have arrived in Ireland and in excess of 40,000 of those have been referred to us seeking accommodation from the State.

Overseeing provision of accommodation on this scale during this timeframe for all those who require it remains immensely challenging. Due to the urgent need to source accommodation, a broad range of accommodation types have been contracted, including hotels, guest houses and B&Bs, religious properties, accommodation operated by voluntary bodies and emergency accommodation.

The priority is to place people fleeing the conflict in safe and secure accommodation.

The Government is resolute in its solidarity and support for Ukraine, and huge efforts are being made to source facilities that will provide those arriving in Ireland with safety and shelter.

As a general policy, my Department does not currently procure accommodation that is part of the rental market or which is earmarked for other uses. In the context of urgently procuring accommodation in August and September to meet rising demand, my Department contracted accommodation in County Donegal in a number of settings which they were advised were holiday homes, guesthouses and B&Bs. My officials are aware of one such group of properties which was incorrectly described to the Department as a holiday village but was in fact earmarked for other use. Arrangements have been made to relocate the Beneficiaries of Temporary Protection (BOTPs) sent there to more appropriate accommodation.

The Deputy may wish to note that the procurement of additional accommodation in Donegal is currently under review by my officials.

I trust this information is of assistance.

Ukraine War

Questions (327)

Catherine Murphy

Question:

327. Deputy Catherine Murphy asked the Minister for Children, Equality, Disability, Integration and Youth if the person's home must comply with the most modern building regulations and safety standards for fire and escape routes in the context of persons offering their primary residence to house those fleeing the invasion of Ukraine. [50978/22]

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Written answers

Since the outbreak of the war in Ukraine on 24 February, and the invoking of the temporary protection Directive by the European Union shortly afterwards, my Department has worked intensively as part of the cross-governmental response to the Ukraine crisis.

The operational challenges brought about by responding to the conflict are significant. Our country has never experienced an influx of displaced persons like the one that we have seen over the past months.

My Department’s role is focused on the immediate, short-term accommodation needs of those who have fled here. To date, more than 51,000 people have arrived in Ireland and in excess of 40,000 of those have been referred to this Department seeking accommodation from the State.

Overseeing provision of accommodation on this scale during this timeframe for all those who require it remains immensely challenging. Due to the urgent need to source accommodation, broad ranges of accommodation types have been contracted.

The priority is to place people fleeing the conflict in safe and secure accommodation.

The Government is committed to delivering a humanitarian response to welcome people seeking protection in Ireland as part of the European Union's overall response. The scale of response to this crisis has been unprecedented and Irish people have displayed an incredible level of generosity in their support and pledges of accommodation.

I can inform the Deputy that the Department of Housing, Local Government and Heritage has agreed an inspection template for vacant pledged properties, which includes fire safety criteria. Inspections of suitable pledged vacant properties also take place prior to occupation.

The same criteria which is available to view on the gov.ie website also applies to properties which a host shares with beneficiaries of temporary protection. Applicants for the Government recognition payment to acknowledge the contribution of those pledging accommodation must declare that they meet this standard.

Early Childhood Care and Education

Questions (328)

Bríd Smith

Question:

328. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if the increase in the childcare subsidy for parents from €0.50 to €1.40 per hour will affect those currently on means tested childcare supports or just those on the universal scheme who do not receive means testing; and if he will make a statement on the matter. [51015/22]

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Written answers

Budget 2023 introduces major reforms to the National Childcare Scheme (NCS) from January 2023, which will substantially improve the affordability of early learning and childcare for families.

Additional funding of €121 million has been allocated to the NCS from January 2023 so all families accessing registered early learning and childcare will receive a minimum hourly NCS subsidy of €1.40 off the cost of early learning and childcare. With the current minimum hourly NCS subsidy set at €0.50 per hour, the represents an additional €0.90 per hour off the cost of early learning and childcare. This translates to up to €63.00 off families weekly bill for early learning and childcare per child. With up to €22.50 currently available per week, this represents up to an additional €40.50 off weekly costs.

From 2nd of January 2023, any family on the universal or means tested elements who is not already at the maximum hourly subsidy under NCS (see Table) will see an increase in their subsidy. For those who receive a subsidy based on an income assessed subsidy, the amount of the increase will taper down as they approach the maximum hourly subsidy rate. The amount of increase individual families will see in their per hour subsidy, will differ widely depending on their current subsidy.

Table 1: Maximum Income Assessed Subsidy

Child’s age

Per Hour

24 weeks to 12 months

€5.10

12 to 35 months

€4.35

3 years or older and not yet in school

€3.95

School age (or 6 years to 15 years)

€3.75

Children in Care

Questions (329)

Bernard Durkan

Question:

329. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the total number of children currently in foster care at present; the extent to which the level of care is satisfactory and in accordance with regulations; and if he will make a statement on the matter. [51072/22]

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Written answers

Tusla has informed me that at the end of July 2022, there were 5,208 children in foster care comprising 89.4% of all children in care (5,826). Of the 5,208 children in foster care, 29% (1,492) were in relative foster care.

Both Tusla and the Department of Children, Equality, Disability, Integration and Youth are committed to promoting safe and high quality practice in foster care. This is achieved through the application of Regulations and Standards that govern the placement of children and young people within a foster care setting.

The placement of children in foster care is governed by the National Standards for Foster Care 2003, and underpinned by the Child Care (Placement of Children in Foster Care) 1995 and the Child Care (Placement of Children with Relatives) Regulations 1995.

HIQA carries out announced and unannounced inspections of children’s services, including foster care services. HIQA inspections are carried out against the relevant Regulations and Standards.

Tusla in discharging its statutory responsibilities under the Child Care Acts must have the best interests of the child as its paramount consideration. It actively monitors every placement of every child in care, including foster care, to ensure its appropriateness to the needs of that child, and any concerns or breaches of standards or regulations are addressed in this context.

Human Rights

Questions (330, 338)

Bernard Durkan

Question:

330. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which children’s rights continue to be maintained in accordance with the Children’s Rights Referendum and subsequent legislation; and if he will make a statement on the matter. [51073/22]

View answer

Bernard Durkan

Question:

338. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which he remains satisfied that the rights and entitlements of children are adequately protected without intrusion from any other source or threat; and if he will make a statement on the matter. [51081/22]

View answer

Written answers

I propose to take Questions Nos. 330 and 338 together.

Children's rights, and their enjoyment of these rights, are of paramount importance to my Department, and indeed across Government. The importance of child-centred policies and protections represent a core value in society where children can flourish and see a brighter future. There is no doubt that we must work towards ensuring this future and empower children to voice what kind of future they want.

Ireland remains firmly committed to the United Nations Convention on the Rights of the Child (UNCRC), a major international human rights treaty that sets out the specific rights of children. The UNCRC was adopted by the United Nations General Assembly in 1989 and Ireland ratified it in 1992.

The UNCRC has four key principles:

- all the rights guaranteed by the Convention must be available to all children without discrimination of any kind (Article 2);

- the best interests of the child must be a primary consideration in all actions concerning children (Article 3);

- every child has the right to life, survival and development (Article 6); and

- the child’s views must be considered and taken into account in all matters affecting him or her (Article 12).

The articles of the UNCRC are wide-ranging and cover a number of areas including health, housing, social security, education, leisure and play, child protection and welfare, criminal justice, international protection as well as access to information and participation in decision-making. Ireland is required to submit regular state reports on measures it has taken to progress the implementation of rights under the Convention, with the most recent report submitted in February of this year. Subsequently the State delegation has to appear before the UN Committee on the Rights of the Child for an oral examination which is anticipated to take place in early 2023.

Better Outcomes, Brighter Futures, the National Policy Framework for Children and Young People, 2014-2020, concluded at the end of 2020. Officials in my Department are currently developing a new policy framework for children and young people to cover the period from 2023 to 2028. This new policy framework is adopting a children’s rights approach, informed by the UN Convention on the Rights of Child, envisioning an Ireland in which the rights of children and young people are respected and realised.

The holding of a Referendum on children's rights was an important commitment of the Government. As you are aware, the 31st Amendment, inserting Article 42A into the Constitution was signed into law on 28th April 2015. The fact that the Amendment now stands as part of our Constitution represents a considerable and symbolic advance in the identification of children as individual rights holders in our country.

Child Safety

Questions (331, 333, 334)

Bernard Durkan

Question:

331. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth if Tusla has been ordered not to interfere in some instances where the children’s rights are being determined by reference to a single person, unchallenged; if Tusla needs to exert itself in respect of its responsibility in such instances; and if he will make a statement on the matter. [51074/22]

View answer

Bernard Durkan

Question:

333. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth if it is deemed to be in accordance with the rights of children, as determined by a referendum and legislation, to forcibly, in certain instances, remove children from the custody of their mother, and place them otherwise in what might be an undesirable situation depending on their circumstances; and if he will make a statement on the matter. [51076/22]

View answer

Bernard Durkan

Question:

334. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which the number of children under the possible threat of mental, physical, sexual or other abuse comes to the attention of Tusla who can engage without interference from any other source; and if he will make a statement on the matter. [51077/22]

View answer

Written answers

I propose to take Questions Nos. 331, 333 and 334 together.

Tusla, the Child and Family Agency, is the dedicated State agency responsible for supporting and promoting the development, welfare and protection of children. The Child and Family Agency Act 2013 provides that Tusla is independent in the performance of its functions and also places the Agency under a requirement to have regard to the best interests of the child in all matters.

Tusla is aided in its child protection role by the Children First Act 2015 which provides for a number of key child protection measures, including raising awareness of child abuse and neglect; providing for reporting and management of child protection concerns, and, improving child protection arrangements in organisations providing services to children. The obligations in the Act are intended to ensure that children at risk of harm are brought to Tusla’s attention without delay.

The Child Care Act 1991 is the key piece of legislation whereby the State, as a last resort and for the common good, may intervene to supply the place of parents as provided for under Article 42A.2.1. If a child is in need of care and protection and is unlikely to receive it at home, then Tusla must take them into care. In some cases, a parent may agree to his or her child being taken into the care of Tusla. This is called voluntary care. Tusla can also apply to the court for a number of different orders when it believes that children are at risk or in need of care. These orders give the courts a range of powers including decision-making about the type of care necessary and about access to the child or children for parents and other relatives. In such cases, the court has the power to direct Tusla regarding the care of the child.

In any child care proceedings under the 1991 Act the court must regard the best interests of the child as the paramount consideration. The Deputy will be aware that my colleague, the Minister for Justice has responsibility for private family law proceedings, including separation, divorce and child custody cases and also domestic violence cases.

If a child appears to be at risk of harm or neglect, concerns should be reported to Tusla. If a child is at immediate risk or in danger, the Gardaí should be alerted without delay. If there are any concerns about Tusla’s dealings in a particular case, Tusla should be contacted directly in the first instance.

Children in Care

Questions (332)

Bernard Durkan

Question:

332. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the number of children now in the various forms of institutional or custodial care; the extent to which children’s rights continue to be observed in such circumstances; and if he will make a statement on the matter. [51075/22]

View answer

Written answers

At the end of July 2022, there were 5,826 children and young people in the care of the State. Of these, 418 (7.2%) were in Residential Care, and 15 (2.6%) were in secure Special Care.

Both Tusla, the Child and Family Agency, and the Department of Children, Equality, Disability, Integration and Youth are committed to promoting safe and high quality practice in all areas of Alternative Care. This is achieved through the application of Regulations and Standards that govern the placement of children and young people.

The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2001, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. The placement of children in Special Care is governed by the National Standards for Special Care Units 2014, as well as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017.

HIQA carries out announced and unannounced inspections of statutory Children’s Residential Centres and Special Care units. HIQA carry out these inspections against the identified Regulations and Standards. Tusla is the statutory regulator of Private and Voluntary Children’s Residential Centres, and is therefore responsible for the registration and inspection of these centres in accordance with Regulations, standards, and the relevant provisions of the Child Care Act 1991.

The foregoing sets out the safeguards in place with regard to all placements of children in residential and special care. Tusla in discharging its statutory responsibilities under the Child Care Acts must have the best interests of the child as its paramount consideration. It actively monitors every placement of every child in care to ensure its appropriateness to the needs of that child, and any concerns or breaches of standards or Regulations are addressed in this context.

With regard to the number of children detained within Oberstown Children Detention Campus, occupancy rates since January 2022 have averaged approximately 30 on a daily basis, but the actual number on any given day can be higher. As of 12th October there were 28 children in Oberstown, 12 on remand awaiting trial and 16 serving sentences.

Oberstown has developed a range of services and approaches to address the needs of young people. This includes a focus on Care, Education, Health, challenging Offending behaviour and Preparation for leaving under what is known as the CEHOP® model of care.

In 2020, Oberstown adopted a new policy platform – the Children’s Rights Policy Framework – in line with national and international standards. The Framework was developed to ensure that there is a consistent; rights based approach to the care of young people. It is against the Children’s Rights Policy Framework that Inspectors from the Health Information and Quality Authority (HIQA) carry out independent inspections at Oberstown.

Oberstown is also fully committed to the implementation of the public sector equality and human rights duty, as set out in section 42 of the Irish Human Rights and Equality Act 2014.

Question No. 333 answered with Question No. 331.
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