Dáil Éireann Debate, Tuesday - 4 July 2023
117. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the extent to which Tusla can intervene in all situations where concerns have been raised regarding the health and welfare of a child; and if he will make a statement on the matter. [32522/23]
View answerUnder the Child Care Act 1991 Tusla, the Child and Family Agency, is the statutory body with responsibility to promote the welfare of children who are not receiving adequate care and protection.
The Act is the key piece of Legislation whereby the State, as a last resort and for the common good, may intervene to take the place of parents as provided for under Article 42A.2.1 of the Constitution. Tusla can also apply to the court under the 1991 Child Care Act 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 regarding the type of care necessary and 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. Under this Act, the Court must regard the best interests of the child as the paramount consideration.
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. Children First legislation (2017) also places an obligation on all professionals working with children as mandated reporter under this Legislation to report any suspected child protection concern , be it physical, sexual, emotional abuse or neglect to either Tusla or an Garda Síochána.
If a child appears to be at risk of harm or neglect, concerns should be reported to Tusla. Anyone can report concerns about a child to Tusla, and information on how to do so is available on its website. If a child is at immediate risk or danger, An Garda Síochána should be alerted without delay
Children who are at immediate risk may be dealt with initially by An Garda Síochána or Tusla but, in the main, both agencies work together on such cases. Tusla has an out-of-hours emergency number that provides advice to An Garda Síochána based on the circumstances and can identify where a child is listed on the child protection notification system. Tusla has a network of emergency foster care placements for children in need of emergency care out of hours.
