Dáil Éireann Debate, Thursday - 14 December 2023
94. Deputy Bernard J. Durkan asked the Minister for Children, Equality, Disability, Integration and Youth the degree to which he remains satisfies that children continue to be adequately protected in all locations at home, in care or otherwise, where there might be a threat to their well-being; the extent of the provisions in place or being put in place to address these issues; and if he will make a statement on the matter. [55726/23]
View answerAs the deputy is aware, statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency.
Tusla is responsible for the assessment and child safeguarding response for children referred to us under the provisions of Children First and the Children First Act 2015. This includes any concern about a child that reaches the threshold of “reasonable grounds for concern” or harm as defined by the Children First Act. Where harm has been identified Tusla will seek to engage the family in a participative safety planning process, a process where we work collaboratively with the child and family toward the achievement of safety goals. where the threshold of significant harm has been reached a child protection case conference may be convened which will consider all matters including potential care order applications. Where there is an immediate risk to the child's safety Tusla will apply to the District Court for an Emergency care order. Where children are likely to experience significant harm, specific child protection safety plans are put in place. All safety plans are monitored over time to promote the best interests of children to remain at home safely. Where the threshold of harm is not reached Tusla offers a range of local voluntary, and community supports to assist families with difficulties they may be experiencing.
When children come into care or are accommodated by Tusla we hold the statutory responsibility for ensuring that the child has a care plan and/or a placement plan which supports their short and longer-term needs. The care of these children is subject to ongoing review and monitoring by Tusla and HIQA as per the childcare regulation and HIQA standards. Building Heuston South Quarter Dublin 8 Tel: 01 771 8500
Children typically come into care through voluntary agreement or by interim care orders pending a decision on a full care order. Tusla is obliged in respect of non-voluntary care to appraise the Court of the circumstances which led to the child requiring care and is obliged to evidence to the Court on an ongoing basis that care continues to be required to protect the best interests of the child. Parents are legally represented in such matters and children are appointed a guardian-ad litem to represent their wishes and best interest. Some children may remain on a care order for a period of time while Tusla works with the family to agree a transitional reunification plan home, or they move toward independent or semi-independent living as they reach 18.
Tusla's involvement in private family law matters is through the explicit direction of the Family Court who may request an assessment of any potential child protection or welfare matter under Section 20 of the Childcare Act. Tusla is required to address specific issues before the Court as set out under this section. Tusla will respond to child protection and welfare matter in this context and may request a care order or supervision order on a child where required.
Social workers are required under the Placement of Children in Foster Care, and Placement of Children in Residential Care Regulations, 1995 to undertake statutory visits to the child in placement. These visits take place at intervals not exceeding 3 months during the first 2 years of placements, the first visit being within 1 month and thereafter at intervals not exceeding every 6 months. Children in Statutory Residential and Foster Care are monitored by HIQA. Children in voluntary or private care are monitored by Tusla Alternative Care Inspection and Monitoring Service (ACIMS).
