Dáil Éireann Debate, Tuesday - 25 July 2023
1044. Deputy Mark Ward asked the Minister for Children, Equality, Disability, Integration and Youth if there are plans to have the unregulated placements of children in State care to be placed on a legislative footing in the updates being made to the Child Care Act 1991; and if he will make a statement on the matter. [36537/23]
View answerThe Child Care Act 1991 is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla, the Child and Family Agency, to promote the welfare of children who are not receiving adequate care and protection. It sets out the legislative provisions in relation to taking children into care, and the responsibilities of the State in that regard, which aim to improve outcomes for looked after children.
Once a child is brought into the care of the State, Tusla is required to place them in accordance with Section 36 of the Act. The Act states that Tusla may place a child with a foster parent; in residential care whether in a children's residential centre, in a residential home maintained by the Agency, or in a school or other place of residence; with a suitable person with a view to their adoption; or to make such other suitable arrangements as the Agency thinks proper.
Both Tusla and the Department 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. Sections 39 to 42 (inclusive) of the Act confer regulation making powers upon the Minister for Children, in relation to the aforementioned categories of placement specified under Section 36 of the Act.
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) Regulations 1995 and (Placement of Children with Relatives) Regulations 1995. 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) Regulations 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 and the Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017.
In addition to the above, section 69 of the Child Care Act 1991, as amended, gives the Minister powers in relation to the inspection of any service or premises provided by or on behalf of Tusla in relation to the care of a child.
The oversight and monitoring of all alternative care placements will be kept under review by my Department. If legislative change is required in this regard, this will be considered as part of the ongoing review of the Child Care Act. The Department continuously seeks to improve services provided for the protection of children, with particular regard to the vulnerable children in the care of the State.
