Tusla is responsible for the assessment and child safeguarding response for children referred to them 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. When a child has been identified as being harmed, Tusla will seek to engage the family in a participative safety planning process, a process where they will work collaboratively with the child and family toward the achievement of safety goals. 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. Children who 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. Tusla offers a range of local voluntary, and community supports to assist families and children with difficulties they may be experiencing.
When children come into care it is Tusla's responsibility to ensure 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.
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 provide evidence to the Court on an ongoing basis that continued care is 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, or in some circumstances the children may move towards independent or semi-independent living until they reach the age of 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 concern under Section 20 of the Childcare Act. Tusla is required to address specific issues before the Court as set out under this section and will respond to child protection and welfare matters 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).
The care of these children is subject to ongoing review and monitoring by Tusla and HIQA as per the childcare regulation and HIQA standards.
