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JOINT COMMITTEE ON HEALTH AND CHILDREN (Sub-Committee on Children) díospóireacht -
Thursday, 18 Nov 2010

Implementation of Child Protection Measures: Discussion with HSE

The sub-committee is now in public session to discuss the role of the HSE in the implementation of child protection measures. I advise that by virtue of section 17(2) (l) of the Defamation Act 2010 witnesses are protected by absolute privilege in respect of their evidence to the sub-committee. If you are directed by the sub-committee to cease giving evidence in relation to a particular matter and you continue to do so you are entitled thereafter only to a qualified privilege in respect of your evidence. You are directed that only evidence connected with the subject matter of these proceedings is to be given and you are asked to respect the parliamentary practice to the effect that where possible you should not criticise or make charges against any persons or entities by name or in such a way as to make him or her identifiable.

Mr. Garland, Mr. Harrison, Mr. Waterstone and Mr. Smith are very welcome. This is an initiative on the part of the Oireachtas Joint Committee on Health and Children. As we mentioned earlier today at the press launch for this new sub-committee we brought the sub-committee into being because we were conscious that the standing committee as a whole had focused in recent years primarily on major issues across the medical spectrum. We believed strongly that child welfare and protection and the development of ongoing services for children needed to become a central part of our work. We hope that by establishing this sub-committee within the Houses of the Oireachtas we can bring an additional focus to the important matters for which the delegates, through the HSE, have particular responsibilities.

We are also conscious that the sub-committee as established by us will exist for the duration of this Dáil. I hope, given this precedent, the Oireachtas will continue to ensure that a sub-committee such as this will be in place to monitor the implementation of recommendations around the protection and welfare of children and that it will initiate proposals in respect of how the welfare, rights and well-being of children can be promoted and advanced in this society.

I thank the delegates for attending. Their paper has been circulated and members have had the opportunity to consider it carefully. If they wish to take us through the paper in detail so be it but we would prefer to be given an executive summary because members have a good number of questions and we hope to conclude business by 1 p.m., if possible. Will Mr. Garland lead the presentation?

Mr. Phil Garland

I thank the Chairman and the members for this opportunity to make an opening statement. Before I commence, I wish to introduce my colleagues: Mr. John Smith is national specialist for child protection; Mr. Paul Harrison is national specialist on a wide range of briefs, in particular in the area of child protection; and Mr. Aidan Waterstone is national specialist on alternative care.

I take the Chairman's point and perhaps shall go through some of the highlighted areas. The paper we have today is slightly longer. The reason I put together a briefing of this length at this stage was the importance of the item on the agenda.

Mr. Garland should feel free to deliver as suits him.

Mr. Phil Garland

First, I will outline the broad area within which we operate. The HSE has a statutory duty under the Child Care Act 1991 for the care and protection of children and their families. In line with the agenda for children's services the HSE is committed to the principle that supporting families is the basis for enhancing children's health and welfare. Under the Child Care Act the promotion, welfare and protection of children at risk are the responsibility of the HSE.

The general context is that the HSE provides services to children within a child population of more than 1 million children, according to the census of 2006. The latest statistic relating to children in care, who are some of the most vulnerable children in the State, was 5,631, as at the end of September of this year. Again, in general context, prior to the establishment of the Health Service Executive in 2005 there were 10 health boards with 32 community care areas. In the past 12 months that has changed to four regions, with 32 local health office areas remaining.

In late 2009 to oversee the management of those four regions four regional directors of operations were appointed and four assistant national directors were appointed to oversee the four care groups of children and families, disabilities, older persons, and mental health. In addition, in enhancing child care services within the HSE in June this year, the Minister of State with responsibility for children and youth affairs, Deputy Barry Andrews, announced the forthcoming appointment of a national director for child care services.

The next area I wish to highlight is that of general child protection awareness in the State. As we are very aware in recent years, in particular, during the past two years because of the Ryan and Murphy reports, the level of awareness of child protection issues and of concerns about child abuse has increased significantly. There has been much rigorous attention by the media on every voluntary organisation and on the HSE in regard to cases that will be forthcoming in the system. In the paper I state there is emerging scrutiny and an awareness on the part of the entire country, in the sense that further reports have been published which highlight what is working well, and, more significantly, what needs to be improved. This year the HSE published two reports in regard to the young persons, A and B, and last month it published the Roscommon report inquiry. It is the intention of the HSE to continue this openness and forward movement in presenting the learning and the areas that need to be developed.

Common themes have emerged from this scrutiny and the State inquiries. Generally, across the board, there is much good practice. Of the numbers of children in care, 90% are in foster care. The overwhelming majority of children who receive the care of the State get good services. However, the reports which have been published raise issues about inconsistencies in practice, lack of standardisation, poor and inconsistent supervision and the need for greater quality assurance mechanisms. However, the reports published have raises issues about inconsistency in practice, a lack of standardisation, poor and inconsistent supervision and the need for greater quality assurance mechanisms. The question to which I wish to give an answer today is that we realise where we are now but how do we move forward? In 2009, the HSE established a working group called the task force. It identified a wide ranging mechanism of areas which needed to be developed. One such mechanism included the restructuring required in terms of delivering better and more effective outcomes for children. The PA Consulting report and the strategic review of management services in child care services identified that there must be one clear accountable person in each local health area to ensure better outcomes for children.

The HSE is moving forward on this. The establishment of a national office, of which I am the assistant national director, has been one significant component. We have been working with key stakeholders throughout the country with regard to how we put together a better mechanism based on the PA Consulting report. We have held several workshops with key practitioners at local level. We have identified four areas which we intend to roll out in the coming months and the roll-out will be extended to the remainder of the country based on the experience of the initial phase. We must implement change but we cannot do so quickly without a clear understanding of the implications and changes necessary to ensure better child care practice. On the basis of the PA Consulting report we are moving forward throughout the country.

The second key change relates to changes in practice. The fundamental building block we must reinforce is the implementation of Children First. A revised version of the Children First guidelines report is shortly to be published by the Office of the Minister for Children and Youth Affairs. The history of Children First has been recorded in an excellent report by the Ombudsman for Children. It identified that while many good practices were undertaken, the implementation of the Children First guidelines was inconsistent with regard to oversight. How to do we move this forward? The HSE is working closely with the Office of the Minister for Children and Youth Affairs. We have also carried out negotiations and arrangements with the Garda Síochána. We intend to ensure there will be one national implementation framework for quality assurance.

I draw attention to one area of our work in this regard during the past year. It involves reinforcing everyone's role and responsibility in terms of the implementation of the protection of welfare of children. A document was circulated internally within the HSE with regard to roles and responsibilities. The document is perfectly clear on the matter. HSE staff have a specific responsibility regarding the protection of children. Irrespective of the position held, if I am an employee of the HSE, I have a share in this responsibility. This is the message going to every member of staff in the HSE.

How do we ensure we know what we are doing and that we are moving forward? We must implement a better management information change system, that is, the national child care information system. To prepare for this, we are moving on a standardised framework of what we term "business processes", including the standard reporting forms, initial referral and assessment frameworks and care planning. All these will form one standardised framework system used in all 32 local health areas.

Up to 2005, the history involved the use of ten different mechanisms. The ICT system forms the second part of the change. Once the standardised processes are in place, the ICT systems will move in and ensure key management information is in place and accessible such that we can capture information about the number of children in care on waiting lists. Another aspect of information which we have developed is the North-South child protection hub. There is a good deal of detail available on this. The hub will mean every social welfare public health nurse, speech and language therapist and everyone else who works with children will have access to international understandings and research through the North-South hub. The hub was launched last week by the Minister of State with responsibility for children and his counterpart in Northern Ireland.

Another area in which we are moving forward is change management. One significant problem often raised by social workers relates to the amount of change that can be undertaken while we work with children directly at ground level. At the moment we are pulling together this information. This process involves in excess of 60 programmes or projects. One of these is the implementation of the Children First guidelines, another is the implementation of the PA Consulting report. This is being pulled together in such a way that it can be addressed in bite-size chunks and each can be progressed according to priority.

The national director for integrated services is part of a steering group made up of four regional directors, four regional senior managers and me. The group meets every second Thursday. The purpose is to ensure we are moving forward and making progress. Each region has a steering group to undertake the reform programme and to ensure progress is taking place.

The recruitment of social workers and additional staffing has been an issue. I wish to make clear that the HSE is actively recruiting these 200 social workers. As of 12 November, some 194 of the 200 social workers were in position and working with children. The next problem, which we are currently addressing, is how to ensure we maintain a figure of 200 social workers over and above the level in place as of December last year. The next census will come out next week but at present we have 222 social workers working directly in child protection over and above the numbers as of 31 December last year. This amounts to 1,011 social workers working directly in the child protection area. To ensure we maintain these numbers we are back filling positions which may have been temporary. Essentially, we are recruiting approximately 400 social workers to maintain the 200 positions over and above the increase.

Next, I refer to the area of quality assurance. We welcome HIQA's inspections of foster care and that as of next year HIQA will inspect child protection services. We have undertaken and conducted an audit of foster care services and we have put in place plans to address the issues it has identified. We are conducting three child protection audits in three regions. We are preparing to identify all the deficits in advance such that we can address all the issues arising with regard to the children and to ensure children get better services. Three audits are currently under way. They are test audits and will help to inform how we carry out a national, nationwide audit of all child protection services within the HSE. We expect the three audits to be completed in the coming months and, during 2011, we will carry out a rigorous audit to identify all the deficits we have found. With regard to how we can address all the recommendations of the reports, there is a directorate within the HSE called the quality and clinical care directorate. The directorate works with our office to ensure there is tracking on all recommendations of all major reports dating back 20 years to ensure these are fully implemented.

Another significant area which arose this year was the tragic deaths of children in care. This has been a very difficult environment for many people throughout the country. On foot of the Ryan report recommendations, there was a recommendation that HIQA would provide guidance to the HSE on serious incidents and deaths of children in care. On foot of that guidance the HSE has established a national review panel. All matters pertaining to the deaths of children in care and serious incidents are referred through that mechanism to HIQA. HIQA in turn reports regularly to the Minister's office and we report regularly to the Minister's office with updates on various matters. At present, we are working very closely with the national review panel concerning the undertaking of reviews at present. All future matters will be undertaken under that mechanism. In addition, in May 2010 the Minister of State with responsibility for children announced the establishment of the child death independent review group. All information requested has been forwarded to that group and we look forward to the lessons that will come from that report in due course.

The position is that the HSE is striving to effect significant change to ensure it meets its statutory obligations in respect of the protection and welfare of children. There have been reports that identified areas that need to be improved to make better outcomes for children. These areas are being addressed through a major reform programme which has commenced. It will deliver a significant structural practice and management information change and stronger quality assurance mechanisms.

With my colleagues I am happy to answer any further questions.

I thank Mr. Garland. We will bank the questions and come back to him.

I thank Mr. Garland and his team for coming before the first meeting of the sub-committee. It is entirely appropriate that they should be our first delegates. Unlike previous meetings where the HSE entourage entered Leinster House, on this occasion it is pleasing to note Mr. Garland came here openly and honestly, admitting shortcomings. That is very important. While he may call them shortcomings the fact is that there are very serious structural problems within the system under his responsibility, and I invite him to agree with that.

He stated that the level of awareness increased as a consequence of the publication of some highly publicised reports, but the publication of the reports and the facts showed not an increased level of awareness but rather horror at the level of serious dysfunction within child care services. Does Mr. Garland accept that the HSE is perhaps too large a structure or organisation to deal with child care and protection in a manner that might be regarded as appropriate? Ms Laverne McGuinness is the current HSE director for primary, community and continuing care. Mr. Garland is answerable to her office. She is doing a good job but her remit is far too wide and separation, at least within that service, is needed. I ask Mr. Garland for his views on that.

I also ask Mr. Garland to advise the committee as to the action he proposes to take to ensure that the HSE is compliant with the law. The HSE is in breach of the Child Care Act and continues to be in breach of the European Convention on Human Rights for the manner in which it does not countenance any form of external investigation or review. Its statutory duty is regularly breached. On the four regional health offices which were mentioned, I ask Mr. Garland to specify within the timeframe how he proposes to ensure that there is a consistent level of application of the Children First guidelines throughout the State because it is an understatement to say the service is haphazard.

It is essential for us as legislators to ensure that the Children First guidelines are on a statutory basis because that is the only way the HSE will treat them in an appropriate manner. I wish Mr. Garland well in his endeavours. I look forward to the publication of the national audit. It is important that it is published and we see exactly where we are. How does Mr. Garland propose to regain the confidence in the child protection system which has well and truly been lost by the exposure of the horrific failures of the system over many years?

I welcome the delegation. In focusing on this area, it is important for the sub-committee to get a full handle on what is happening in the system and where the shortcomings are. I would like to begin with Mr. Garland's comment that the primary function is to support families. I agree with that. Early intervention is vitally important but in some cases the family is part of the problem and it is in the best interests of children to be taken away from the family. I ask Mr. Garland to comment on the extent to which that can be done in the current system of supporting families at an early stage.

Is it a crisis management service at this point in time? Will an extra 200 social workers make a difference? It appears that social workers are so overworked that they do not get to intervene meaningfully until the family is already in crisis. To what extent is that true? How can we move to a more proactive, preventative system?

I want to ask about the practicality of what is happening. I welcome that the delegation is introducing protocols and standardisation and that it welcomes HIQA's investigations and so on. It is important that policy is implemented at all levels and that children are protected everywhere in the country. We cannot afford to have any exceptions.

I want to ask about the clear accountable person in each area to which Mr. Garland referred. What kind of person is it? Is it a senior social worker? What category of person will have that role and to what extent will he or she ensure that every social worker has the wherewithal, skills and correct guidelines - I am thinking of the Roscommon case - to do the right thing for children?

When we launched the sub-committee I said I was particularly concerned that there would be a protocol in place whereby children can have their voices heard separately from their parents in a safe situation where they can say what they feel, it is taken seriously and feeds into the decision-making process. It is a crucial element and something that has not been learned from the various reports over the years.

The Simon Community was before the committee on Tuesday to discuss homelessness. Many of the young people who have died in care, some of whom were over 18 years of age, had lived in care for most of their lives. I want the delegation to address the issue of continuing care and the kind of supports in place for young people in order that they will never have to be sent to a Garda station at night to find a place to sleep, whether they are under or over 18 years of age.

I want to ask the delegation about the small number of facilities for children whose behaviour is very chaotic and who were very difficult to look after. There are places such as Coovagh House in my constituency and Ballydowd. I understand a review is taking place of that area of child protection. I asked the delegation to update us on the situation and to explain what is happening, because we are not currently getting the best value for money or the best results for the children in those centres.

Everybody wants to see transparency and accountability in children's services, including child protection services. Deputy Jan O'Sullivan referred to the person who is clearly accountable at local level. However, that person must have to report to somebody in turn. Do the regional directors report directly to the assistant national director? There has to be some level of accountability up the line.

Mr. Garland mentioned that 194 social workers are in place. He later mentioned the figure of 222. Whenever I mention delays in appointing social workers, I am told about difficulties in getting people to fill such positions. Is that a problem? Are difficulties associated with the recruitment of social workers? Are there enough people out there to fill those jobs?

What are the advantages of the model proposed in the strategic review, by comparison with the current model? Perhaps Mr. Garland can outline his thoughts in that regard.

I mention another problem. Inter-agency co-operation is necessary, but is it happening? As someone who comes from an educational background, I am aware of serious cases. It appears that the HSE does not talk to the Department of Education and Skills. There does not seem to be any co-operation or communication with the juvenile liaison officers in the Department of Justice and Law Reform. There is a kind of structure, but everybody is working in a vacuum and nobody is talking to anybody else. If we are to try to deal with and solve these issues, we need to have case conferences involving all the agencies talking to each other. There has been reference to the four areas in which the HSE is testing and modifying the new structures. Can Mr. Garland update the committee on how that is going?

I am concerned that there is no consistent or co-ordinated professional development of the staff of agencies involved in child protection. The level of professional development one can avail of depends on the part of the country one is in. I would like to hear Mr. Garland's views on the matter. Are there any plans for professional development to be delivered in a much more co-ordinated and consistent manner?

I thank Mr. Garland for the report he has given us. As I said when this committee was launched, one would have thought in the aftermath of what we read in the Ryan and Murphy reports and earlier reports that a cross-party group would not be needed to push for the implementation of the recommendations in those reports. In light of the delays in providing the kinds of things needed and that have been identified for a long time, such a group is needed to deal with this serious issue. I welcome the various initiatives we have been told about today.

I would like to cut to the chase and speak about front line services. How many vacancies exist in such services at present? As local representatives, many of us meet families that are finding it difficult to access services following cutbacks in personnel, and so on. What effect is the embargo having on the services the HSE is trying to provide for children throughout the country? We have been told that the HSE's budget for next year will be cut by between €600 million and €1 billion. Will child care be protected from those cuts? This committee has argued that mental health services should be protected, in light of the crisis in the mental health area. Can the delegates give us their assessment of the funding needs of the child care sector next year? What is needed to ensure the initiatives that have been announced today can be continued and the front line services that are necessary can be provided? It is an important issue in the current budgetary context. We do not know what will happen in the next few days. This is obviously a key context at present. I would like to hear what Mr. Garland and his colleagues have to say about it.

How many of the 5,000 children who are in care have an allocated social worker? Can the officials tell us how many of these children are in foster care and institutional care? Can they comment on how their efforts to recruit foster parents are going? The quality of the care given to children who are in care is of critical importance for their lives and their future. What services can we offer them at the moment? I would like to get a sense of the extent to which those children are benefitting from social work.

When a child who is deemed to be at high risk of physical, sexual or emotional abuse is referred to a local team by a school, a doctor or a concerned neighbour, how long does it generally take for an assessment to take place? Does the HSE have the resources to respond to such cases? What is the average response time? What are the hopes of the HSE in this regard? What is happening at present?

I understand that Mr. Garland and his colleagues are tracking the implications of the various reports for the HSE. When will they publish a report on that work? Can Mr. Garland indicate whether any of the recommendations in the reports are being implemented at the moment? What percentage of the recommendations is being implemented? What is the read in relation to that? As Deputy Jan O'Sullivan said, several recommendations have been made again and again. It has been difficult to move from recommendation to implementation. I am delighted the process is being tracked. It is really important. I hope the delegates will get back to the committee about how the implementation is going.

Concerns have been expressed about the hugely vulnerable position of separated children in this country. I compiled a report on the matter. Has much progress been made in that regard in the past year or so?

The immediate issue I would like to raise is not directly relevant to today's meeting. As a member of the Joint Committee on Health and Children, I have a personal interest in the development of a means of reducing the waiting times of children who need psychiatric services. The 2009 annual report of the child and adolescent mental health service will be published next week. The 2008 annual report stated that 897 children were waiting more than 52 weeks for these services. These children are not considered to be in crisis, but that is not the point. I have produced a document about suicide in the new Ireland. This country's suicide crisis is not being recognised. Each year, more people die from suicide than in road accidents.

At a meeting of the joint committee the other day, I asked the representatives of the emergency doctor service whether it would be possible for their central telecommunications service to be used to take calls and divert them to professionals who can help people who are in crisis. According to state-of-the-art research on suicide, a small amount of psychiatric help can take a person away from the dangerous point at which they engage in self-harm or kill themselves. I am disappointed that the political will does not exist to come to grips with suicide and self-harm. The suicide rate has increased by 25% over the past 12 months. It is sad that there is no political drive to solve this problem. If a service were available to people 24 hours a day, seven days a week, it would make a big difference.

It is important to emphasise that we do not have a consistent way of treating people who turn up at accident and emergency departments following incidents of self-harm. Other countries have implemented a clear format whereby such people are analysed in a certain manner and their cases are followed up thereafter. We approach such matters in an ad hoc manner. When officials from the doctor-on-call service were present at a meeting of the joint committee a few days ago, I asked them what can be done about the issue of suicide. I repeat that question now in the presence of Mr. Garland and his colleagues. Can they talk to their colleagues to see what the hell can be done to resolve this issue? I thank them for coming to this meeting.

I am conscious that Mr. Garland is new to this process. We wish him well. It is in the interests of the country that he succeeds in his endeavours. While I must qualify my comment by pointing out that some of my best friends are social workers, the sub-committee's discussions on child protection services are taking place against a background of the most appalling systems failures, which have had horrendous results for individuals throughout the country. It behoves us all to address in a radical manner the failures that have been identified.

On the operation of social work systems, are standardised systems or protocols in place governing the volume of work allocated to individual social workers? If so, do these systems and protocols recognise the skill levels and experience of individual social workers in such a way as to ensure that an equitable system under which service users are treated equally is in place across the country?

Will Mr. Garland explain staff management among the social worker cohort? What measures are taken to support staff? From my conversations with social workers, it appears that social workers who encounter appalling circumstances are often fearful and uncertain as to what steps they may take. If a more secure system were in place in the Health Service Executive, social workers could be emboldened to take much more definitive action. I ask Mr. Garland to comment.

I am impressed that the HSE employs in excess of 1,000 social workers, a fact I have not noted previously in the media. The HSE is also to be congratulated on taking steps to recruit a further 200 social workers. Is staff retention an issue? How are current staff supported and valued in the system? Is Ireland producing sufficient numbers of social workers to meet demand or must the HSE seek candidates from abroad, as it did in the past when it recruited foreign nurses?

I have raised the out-of-hours service on many occasions. Non-governmental organisations, NGOs, and statutory bodies employ professional social workers. One wonders if a more cohesive approach could be found if the voluntary sector, statutory bodies, local authorities and the national network of home school liaison officers employed by the Department of Education and Skills were to interact to a greater degree. The primary care strategy refers to the dynamism and synergy one can achieve when health professionals work together. In counties, towns and cities, professionals employed by the Health Service Executive, Department of Education and Skills and voluntary organisations serve the common purpose of dealing with the welfare of children. Does Mr. Garland have ideas about how we can harness and co-ordinate these skills to deliver a better service? I ask him to address the points members have raised, although he should feel free to allow his colleagues to respond to questions.

Mr. Phil Garland

I will respond to a number of questions while my colleagues will respond to others. Mr. Smith will speak about how the HSE will proceed in the area of child protection audits and discuss some of the services we provide. Mr. Waterstone will then respond on separated children, foster care, the breakdown of services and the core issues Deputy O'Sullivan raised regarding the units the HSE provides for highly vulnerable children.

Deputy Charles Flanagan referred to structures and structural problems. The PA Consulting report has clearly identified the structural problems we have and which we need to address. We currently have 32 local health authorities, formerly known as community care areas, each of which had different systems in place. We are now looking at one system. The workshops that have been taking place in all four regions bring together principal social workers, senior social workers, child care managers and core personnel to examine the PA Consulting report on how best we can move forward.

The Chairman referred to primary care and the possibility of achieving synergy. We are examining this issue in terms of how we will put together one uniform system that will provide a more effective service for children.

The issue of accountability was raised in the PA Consulting report. The HSE proposes that children's services have one manager who will report to the ISA manager. Below the manager, we will have three principal social workers, one responsible for alternative care, one responsible for child protection full investigations and one responsible for family welfare and supports. Our central position is that many of the cases we receive are placed on a waiting list and only reach the top of the pile when a critical stage is reached. If we can change the current position by having an early assessment done of every single family when a case becomes known to us, we will then have early interventions.

We will work closely with the NGO sector and the many HSE family support services. Under the PA Consulting mechanism, we will have one accountable manager to whom three managers will report. Each of these managers will concentrate on a particular area to ensure assessments of family welfare take place very quickly. If specific matters arise in terms of full investigations and child protection, the case will go straight into the child protection unit and if children need to enter care, dedicated social work teams will be available.

A number of local health office areas are already moving towards this structure. For example, the other week I attended a meeting with foster carers in County Mayo. The county's social services department has already created a dedicated children in care team. This is a major step forward and other areas are taking precisely the same step. This is what is being done to implement the PA Consulting report.

Deputy Charles Flanagan also raised the potential separation of services. One of the issues that arises is how best to protect children. The best mechanism to protect children is early intervention. At present, social work services are closely linked to public health nursing, occupational therapy services, speech and language therapy services and other services. It is important to ensure we keep the early intervention service and social work service as close as possible.

On compliance with the law and breaches of statutory duties, a number of initiatives are in place in the HSE. The regional directors of operations have been contracted into a performance contract. In the last week of every month, four meetings with the regional directors will be held. I will participate in these meetings which will examine the statistics on children in care with allocated social workers, foster carers with allocated social work link workers and the number of children in care with care plan reviews. The statutory functions are being examined on a monthly basis with the regional directors and action plans are being established to address these areas to ensure we reach 100% compliance. It is the objective of the HSE to address issues of compliance.

In addition, the HSE board has a sub-committee, known as the risk committee, which meets every month. I attend the risk committee to account for compliance and statutory functions. A number of measures are, therefore, in place with the HSE. These developments took place in the past year and we are moving forward with regard to accountability in the organisation.

On ensuring consistent application of the Children First guidelines, I am in negotiations and discussions on this matter with the office of the Minister of State with responsibility for children and youth affairs. There will be a new mechanism for the children first guidelines which will apply not only in the HSE but across all sectors. The guidelines need to apply in a rigorous, standardised framework for justice, education, health, voluntary sectors and all other relevant parties.

What the HSE is doing to address this is moving towards the development of one new system of standardised Children First training from the old ten systems. A policy, procedure and practice manual is being developed. It is an interim guide until a new mechanism is in place. Induction training for newly qualified social workers will commence next month. More effective and rigorous supervision is being put in place. We have put the support staff in place to do that at regional level. A whole series of initiatives is under way to ensure consistent practice is applied. I hope that responds to the Deputy's questions.

It is my intention to publish the national audit of child protection when it is completed next year. Deputy Jan O'Sullivan inquired about the primary function of supporting families. The fundamental policy direction is to support families to ensure that they support and protect their own children. We will support them where we can and if we need to intervene we will establish that mechanism as well in stronger ways.

In terms of standardisation, the clear accountable person will have a social work qualification. That will be a requirement of the manager of children's services in order that we have practitioners who are working at management level to ensure a consistent, standardised and quality-assurance mechanism in each local area.

In terms of children having a voice, that is a fundamental message that came out in the Roscommon report. That is something we need to address in a much more significant way. We are working closely with IAYPIC, the Irish Association of Young People in Care and the Irish Foster Care Association to see how we can move that further forward because children in care need to have a greater voice. Equally, children who are not in care, who are the ones we engage in family support mechanisms, need a very strong voice. I note that the ISPCC in its recent meeting with the committee heavily referenced Childline and the support it provides to the voice of the child. I commend the work its does. I have had discussions with the ISPCC on how we can move forward in more collaborative ways. That is the best way to go forward. The HSE has a statutory function and it must work as closely as possible with the NGO sector to ensure we serve the best interests of children who are of paramount importance.

Deputy Conlon inquired about social workers. I referred in the submission to the fact that 194 social workers are commencing work. We have had a recruitment programme for approximately 400 social workers. We have difficulty with the back-filling of certain positions but we are moving forward on those. The cohort of social workers tends to be female. We have a significant amount of maternity leave cover that we need to replace this year. We are doing that. Next year we may have problems in terms of budget resources in terms of covering maternity leave but it is our intention that where possible within our resources we will maintain those social worker numbers by replacing staff. When we have advance notice of a social worker leaving or going on maternity leave we can replace them. It is our intention to do that. I have addressed the strategic review in terms of the PA Consulting report about how we are doing that. We want to do it right rather than do it quickly. We want to get it right and move it forward to make sure we have a consistent, standardised approach. That is the way forward.

Issues were raised about child protection conferences. That is a significant issue. I have had discussions with a deputy commissioner in the past week about more effective inter-agency work. This will very much come under the new mechanisms of inter-agency working under the revised guidelines of Children First. It is very much on the agenda for every stakeholder.

I raised the issue of induction training. Continuing professional development is significant. We have created a unit within the HSE under the national office of children for family social services, education, training, research and policy. It is looking at how best we can work in a collaborative way. We have established a national advisory group that is chaired by Professor John Pinkerton from Queen's University Belfast. We have the involvement of professors of social work, the Garda, the Probation Service and the NGO sector. We have a wide range of stakeholders looking at how best we move forward in terms of collaborative inter-agency working, ongoing professional development, not just within the HSE but externally as well. They will be overseeing with me the development of the implementation of Children First training in a cross-sectoral way. That is a significant move forward. We are looking at induction training and ongoing training. There is a new mechanism in the HSE in terms of training for first-line managers. A series of initiatives is moving forward.

Senator Fitzgerald raised the issue of the embargo and its impact which is affecting all HSE services. Social workers need support staff to seriously address the issue so that they do not have to carry out all of the administrative functions. That issue arises in every area in terms of how we can best address it. We will have significant issues to face in the coming weeks when we identify the numbers of personnel leaving the HSE system on the new voluntary redundancy package. We will have challenges and we will have to address them within the wider framework. My colleague, Mr. Waterstone, will address the embargo in terms of issues such as social care workers.

I am pleased Senator Fitzgerald raised the issue of the tracking of reports and their implications. I am working with another unit in the HSE on the matter. Many of the recommendations in reports in the past 25 years have either been implemented or matters have changed in terms of structures. The key issue is to stay on the same focus of what a recommendation was about, namely, the best outcome for a child. We need to carry out a serious look-back and ensure we are implementing the recommendations in the best way possible. We are moving forward on the reports on an ongoing basis but we need to have an overall mechanism of tracking. The quality of clinical care director is working with us to put that mechanism in place. That is a major overall quality assurance.

Does Mr. Garland have the figure for vacancies that have arisen due to the embargo? I inquired about the budget as well.

Mr. Phil Garland

I do not have those figures but I will try to get them from the HR department and give them to Senator Fitzgerald as soon as possible. On the budget, we are very much waiting on what we get back from Government in that regard. We will liaise closely in the next few weeks with the Office of the Minister for Children and Youth Affairs in terms of how far we can go forward with the service plan in the next year. We are developing the service plan for 2010. The focus is on how best we can implement it. The number one priority is the 200 social worker posts. We await to see whether we are facing further cutbacks for next year or stabilisation. It is in the best interests of children that we hold the stabilisation but it is a question of what we can do realistically.

On mental health issues, I spoke to one of my colleagues this morning. A total of 6,000 children have been accessing the child and adolescent mental health services in the past year. There are 55 teams. Children who are in emergencies are dealt with straight away. This report will appear next week so I do not wish to reveal everything today but I will answer questions as carefully and appropriately as I can. A total of 49% of those children are seen within one month of referral. A total of 70% are seen within three months. They are seen by a consultant psychologist, a clinical psychiatrist, a social worker, nurse, occupational therapist and speech and language therapists. A wide range of matters are being addressed. My colleague indicated to me today that A Vision for Change in 2006 looked towards 100 beds being made available for young people. In 2006, there were 16 beds. By the end of 2010, and even by next week, there will be 52 beds in place.

Is the focus on getting the children out of the adult psychiatric hospitals?

Mr. Phil Garland

It is. In the next month, it will be required that under-17s cannot access adult services. The 52 beds are to ensure we will have the support service for the young people.

There is an excessive number of children from Limerick.

Mr. Phil Garland

There is.

Nine out of the 13 this year were from Limerick.

Mr. Phil Garland

It seems to be in exceptional circumstances. I am advised by my colleague Mr. Martin Rogan, the assistant national director for mental health, that the HSE is working with the Mental Health Commission to examine that trend, and that an international expert will come to examine why it is the case. I am assured the information provided in the report will be publishable.

It will be available in a month and is to be produced by a Scottish psychiatrist.

Mr. Phil Garland

That is correct.

Bearing in mind that thousands of children ring the ISPCC, these children have problems. It does not seem impossible to have a 24-hour helpline that would allow one speak to a professional therapist or psychiatrist.

Mr. Garland stated that he is amenable to working with the ISPCC on these matters.

Mr. Phil Garland

Absolutely.

My view, on which I have spoken to the Chairman, is that we should ascertain whether the National Treatment Purchase Fund could help in this area. There is an opportunity in this regard.

It could be engaged with directly.

I am probably the lay person present most familiar with the detail on suicide. I refer to the young child of 13. There is a national crisis regarding self-harm and suicide. I am not criticising Mr. Garland for this but there does not seem to be sufficient political will to attack this.

The Senator has done a very good job herself.

I do not know. It is very frustrating considering that I know how serious the problem is and the number who are suffering. Mr. Keith Hawton, Professor of Psychiatry at Oxford University, states unequivocally that the smallest amount of psychiatric help can get a person back on track.

Perhaps Mr. Garland will continue. Our schedule is tight.

Mr. Phil Garland

With regard to mental health issues, mental health services for children and adolescents will be covered broadly by the office of the assistant national director of mental health. I am open to conveying the Senator's comments directly to Mr. Martin Rogan. If we are invited to speak to this committee again, it may be useful to invite Mr. Rogan to address that point.

Are there any other areas to be covered?

Mr. Phil Garland

Mr. John Smith will talk about child protection orders and Mr. Aidan Waterstone will refer to the alternative care issues that have been raised.

Mr. John Smith

It is fair to say child protection services have not been subject to the same regulation, national standards and audit inspections as other aspects of child care services historically, such as those for children in care. As mentioned, HIQA will develop national standards for child protection and, on foot of doing so, an inspection regime in 2011. We welcome that development. Implementation of the allied health and social care legislation, which will involve the registration of the social workers with validated standards and competencies, is due next year.

The HSE has commenced in Roscommon, Waterford and south east Dublin an audit of child protection services, with particular focus on cases of neglect. In north Dublin, there was an inspection of child protection services on foot of a HIQA inspection of fostering services that highlighted a number of child protection issues. The audits currently in progress will inform a national audit of all child protection services. This is one of a number of initiatives designed to improve and measure practice and performance and take any remedial steps required.

There are several parallel developments. I chair a HSE working party that is developing a procedures manual for Children First to ensure standardised implementation nationally. Under several other initiatives, we have recently issued a national supervision policy, child protection case conference policy and a policy document on the rules and responsibilities of all staff involved in child protection. A colleague of mine is developing standardised training initiatives for all staff. One of the areas covers staff recruitment and retention. There is an induction programme for all new appointees and protected caseloads in the first year of their appointment.

We are currently developing child protection training for management staff, particularly in regard to social workers. Advanced and specialist training modules will be developed and applied consistently nationally. Heretofore, an opportunity was missed in terms of training for staff. We were totally committed to standardised training and development of staff. A major component of the supervision policy is to ensure that staff are properly supported, that their training needs are identified and that there will be implicit managerial assessment of outcomes and quality assurance mechanisms.

Mr. Garland referred to our commitment to the major reform programme being implemented. Better quality assurance mechanisms will be developed throughout the service. Learning from serious case management and child death reviews will very much inform practice and be the driver for the implementation of greatly enhanced services.

Mr. Aidan Waterstone

The members have raised a number of issues with regard to services for children in care. I will address them briefly, but not in order of priority or importance.

Senator Fitzgerald referred to services for separated children seeking asylum. Previously such children were known as "unaccompanied minors". I refer to children who enter the country unaccompanied. This issue was very much associated with the Celtic tiger and arose about ten years ago. In 2001, we received 80 new referrals regarding separated children every month. A very great service need emerged suddenly and this was new to us in Ireland. Ireland was not previously a place where young people came in such circumstances. The issue presented a very significant service challenge, not just in terms of the numbers of young people but in terms of the ethnic and cultural issues with which we were not familiar in our relatively monocultural society. There has been a very steep learning curve for us since 2001.

The response at the time was to develop a specific service. The vast majority of the children in question entered the country through Dublin Airport and Dublin Port. Unaccompanied children enter the country through other ports, including those in Cork, Limerick and Drogheda, but in very small numbers. The vast majority, about 95%, come in through Dublin.An excellent service was developed over the years for these young people. In terms of accommodation, just to deal with the sheer numbers, a hostel approach was adopted. In terms of child care regulations and standards it was not possible to meet the standards that apply in children's residential services within a hostel setting. It is something that was pointed out to us by a number of commentators, including the Ombudsman for Children, so we are very much aware of this.

This year we have adopted an equity of care policy for these young people to ensure that separated children can avail of exactly the same care and services as children from Ireland, and we have put that policy in place. The hostels that were in place have been replaced by registered regulated children's residential centres. We closed two or three hostels already this year, and there are two more which will be closed by the end of the year.

More significantly, we had seen this not just as a Dublin but as a national problem, or more accurately, a national issue. In terms of service delivery, we put in place a foster care placement service for these young people. Now, when young people come in to Dublin Port, their needs are assessed, they are provided immediately with residential care and those who remain in care are placed in foster homes around the country. We have an ongoing programme including the training of local services, and there was some reference to inter-agency working. Therefore we are doing a good deal of work with schools, other support agencies, sports clubs and so on so that people around the country have the same type of skills and the same level of awareness of the needs of this very diverse group of young people.

It is very much a good news story and we are very pleased with the progress we have made for these young people. In line with the demise of the Celtic tiger the numbers coming in have decreased dramatically. In the first quarter of this year we were down to eight a month, and the number has decreased since then. The numbers are way down, and we are very pleased to have improved our service to ensure that these young people get the same quality and standards of care as Irish children.

Senator Fitzgerald raised the issue of children in care who have an allocated social worker. There are approximately 5,600 children in care at the moment and currently just over 92% have an allocated social worker. That figure is up 8% on last year, so the situation is improving. The Senator asked for the breakdown between types of care within residential care. Perhaps I should say, first, that of the 5,600 in care 93% are in foster care and 7% in residential care. Internationally, again it is a very good news story on the way we provide care services for young people, having such a high proportion in foster homes and part of local communities. It is a very good service and obviously we are indebted to more than 3,500 foster families around the country, who do a fabulous job.

To get back to the Senator's question, on the breakdown of children in care with allocated social workers, in residential care it is 96%, so that is the highest, as against 92% in foster care. In foster care with relatives it is 89%, slightly lower, and in other care types, of which there are very few, it is 92%. One would expect with the addition of 200 net additional social workers to see that reach 100%, if not by the end of this year, certainly early in 2011, and we are confident about that.

Moving on to the issue of what is happening in the out of hours service, which Deputy O'Sullivan and the Chairman raised, we have had a comprehensive out of hours service for children in the greater Dublin area for more than 15 years. That covers the former Eastern Health Board area, Dublin, Kildare and Wicklow. It includes a social work service, with care, residential foster care and day support services attached.

We were asked in 2008 to do a feasibility study to implement that on a national basis and we did. The cost was excessive and a budget was not available to do that, however. To address the issue as best we could, we implemented what was called the emergency place of safety service in June 2009. Members will be aware that the other statutory agency which has responsibility for the protection of children is the Garda Síochána, in partnership with which we launched the emergency place of safety service for all areas outside the greater Dublin area, comprising Dublin, Kildare and Wicklow.

This means that in out-of-hours situations the Garda Síochána has the authority under section 12 of the Child Care Act 1991, to intervene where a child is found to be in need of care and can remove such a child to a place of safety. Prior to that, recourse was often made to hospitals and so on which were not appropriate care settings for children. The emergency place of safety service provides a national central telephone number for all Garda stations around the country, so that if a child is found to be in need of care and there is need for a "section 12" initiative, social worker advice is forthcoming and the child can be provided with foster care placement. That service has worked very well in the intervening year and a half since it was implemented. In general terms the Garda Síochána and ourselves are very satisfied with it as regards ensuring that children are provided the appropriate foster care placement when required out of hours.

I admit that there are some areas of the country in which there are gaps, and at times gardaí have to travel some distance to find a placement, but we are working on that and there is a committee where we meet the Garda Síochána on a regular basis to review these issues. That certainly is something we are very pleased with.

Is Mr. Waterstone saying that the practice of placing children in hostels and in bed and breakfast accommodation, where they are turned away in the morning, is no longer the case?

Mr. Aidan Waterstone

It should not be the case.

Is it the case, though?

Mr. Aidan Waterstone

It is a very rare occurrence and the Deputy is raising two issues here, in effect. In the past, bed and breakfasts were used sometimes for care placements. Now I can tell the Deputy, categorically, that does not happen. Members of the Garda Síochána would never use bed and breakfast accommodation for a section 12 placement. Traditionally, they would have taken a child to a hospital. In the vast majority of cases this would not be appropriate at all, however, and that is why we have put this foster care service in place.

On this year's service plan, there was a recommendation in the Ryan report that we should test two pilot sites on the development of that emergency place of safety service to add a social work element to it. We are working up two pilot sites, in Donegal and probably Cork, although we have not yet finalised the second one, whereby we will introduce a social work element to the emergency place of safety service and link it with the out-of-hours services so that we can avail of a wider range of interventions out of hours. That will be up and running next year, and hopefully we can talk to the committee about that in more detail then.

Deputy O'Sullivan raised the issue of secure care for special care children. Obviously, the issue of detaining children is a very serious one, and it is a very onerous responsibility. It started to arise about ten years ago and Mr. Justice Kelly in the High Court started to deal with these cases. Arising from the learned judge's interventions, a number of facilities were built, including Coovagh House, to which the Deputy referred, and services were developed. It is a very onerous responsibility to deprive a young person of his or her liberty, and such a course is only taken in exceptional circumstances where child's welfare or life is at risk, or the lives of others, as a consequence of his or her behaviour. It was dealt with in the Child Care Act, but that part of the Act has not yet been implemented. An amendment Bill is currently going through all stages in the Oireachtas and this means it will be implemented shortly, I believe.

These cases are being dealt with under the inherent jurisdiction of the High Court, which pays very close attention to these young people. The case of any child in special care, on detention, is reviewed on a monthly basis by the High Court. The High Court judge in question has visited our facilities on several occasions and pays very close attention to the situation.

The Deputy referred to a review of special care services and that is under way. At present, we have three centres at which we provide special care services, namely, Gleann Álainn, Cork, Coovagh House, Limerick and Ballydowd, Dublin. Although Ireland is not unique in this regard, there have been a number of issues pertaining to the provision of services for this cohort of young people. A number of developments are taking place within the service. At present, we provide approximately 20 beds in special care. There has been a significant increase this year in the numbers of young people requiring special care placement. When looking at the figures going back over four years, we noted that we made 45 special care placements in 2006. That figure fell every year until 2009, when we made only 20 such placements. In other words, there was a steady trend of a decline over four years in placements in special care on which one could place some reliability.

This year has seen a complete reversal, in that we already have placed 28 children in special care and I believe the figure will be closer to 40 by the end of the year. Consequently, we are facing an increase of 100% in special care placements this year. As members can imagine, this is putting extreme pressure on our service and all our centres are under extreme pressure. I will take this opportunity to pay tribute to our staff in those centres who are carrying out what probably is the most difficult task of all our staff. They have done tremendous work in terms of that increase in service provision and so doing has not been without its difficulties. However, we are looking at a development of the service. We have in place a project team to design a number of new centres for such young people. Architects have been employed, that work is under way and we hope to start the development of new services. We are looking at potential locations for those services and are upgrading our existing facilities, as they tend to get fairly robust treatment. Significant work is taking place in this regard. For example, in Coovagh House, we have had architects in and are carrying out a significant refurbishment and restructuring of the internal residential facilities there to make it better, safer and more appropriate for children. This work will commence shortly.

This addresses the issues raised with regard to children in care. I wish to revert to the issue of interagency co-operation that was raised by number of members. Briefly, there is a new structure called the children's services committee, which is being developed and rolled out in a number of areas. The children's services committee is a forum to bring together all the key agencies in a local area, including the HSE, the Garda Síochána, education services, social welfare, local agencies and Barnardos, so that they are brought together in a formal committee structure.

Are they the same as area protection committees?

Mr. Aidan Waterstone

The Deputy is going back to the health board days when we had regional and local child protection committees but with the demise of the health boards, unfortunately they went by the board. These committees essentially will replace those previous committees and will have-----

Briefly, through the Chair, under the Children First guidelines are they not the area protection committees?

Mr. Aidan Waterstone

Those child protection committees are a separate structure and, as I stated, with the demise of the health boards those structures essentially fell apart because they were a health board-based structure. Certainly we are looking forward to the publication of the new Children First guidelines to see what is proposed there. However, in terms of interagency co-operation, children's services committees already are in place in a number of areas including Tallaght, Ballymun and-----

Who is leading their establishment?

Mr. Aidan Waterstone

It is Government policy.

Yes, but is the HSE leading their establishment?

Mr. Phil Garland

If I might respond, it is a joint approach between the HSE and local authorities. Consequently, the head of, for example, South Dublin County Council, in partnership with the HSE local health manager in Dublin south west, jointly chair these committees. It is about ensuring we have the key stakeholders on board on a wide range of issues pertaining to children and family services.

I wish to respond to one of the points made by Mr. Waterstone regarding the highly disturbing increase of 100% in children who need special care. These effectively are children who are out of control for whatever reason. I do not know whether he has had a chance to examine this group of children to ascertain the particular reasons they have ended up in this position. However, it strikes me that the lack of inpatient units and early intervention services must be in part contributing to this issue. While I understand Mr. Garland cited the figure of 39% - I am unsure of the exact figure he mentioned - for the response rate to children who are in need of assessment, he stated that a report would be coming out next week.

Mr. Phil Garland

In respect of the child and adolescent mental health services, CAMHS, the figure is 49% in the first month.

Seen in the first month.

Mr. Phil Garland

Yes

Okay. However, it appears as though a child must have quite serious problems, such as being suicidal or psychotic, to have an assessment done quickly. Perhaps this pertains to a cohort of children whose problems deteriorate without service and who then end up requiring this special care. My question is whether Mr. Waterstone has had a chance to study the cohort that is coming in and has the HSE been able to conduct an assessment of whether their admission is, for example, drugs or alcohol related? The increase described by Mr. Waterstone is striking. All members know there is a problem - Senator Mary White has spoken about it - in respect of getting services to children outside of the group who are presenting as extreme cases. Obviously a service gap still remains at both inpatient and outpatient level.

I apologise for being late and have a follow-up question to a point made by Mr. Waterstone. I welcome some of the information provided to members this afternoon, particularly regarding the improvement in services for separated children. One concern in this regard has been that at present the residential facilities for separated children and for children with disabilities are exempt from inspection. If I understood Mr. Waterstone's comments on the newly organised residential facilities for separated children correctly, they now are regulated, which means they will be subject to inspection.

Mr. Aidan Waterstone

They will and they conform with the standards.

Will residential facilities for children with disabilities also now be subject to inspection?

Mr. Aidan Waterstone

While this is not my area, I certainly can revert to the Senator on that.

That would be great.

Mr. Aidan Waterstone

As far as I am aware, such facilities will be subject to inspection by HIQA but I would like to confirm that and revert to the Senator.

That would be particularly important as children with disabilities are a highly vulnerable group.

My final question pertains to those children who have been separated. While much progress has been made, in recent years more than 400 children who have been separated have gone missing from the care of the HSE. I refer to the outstanding cases. As the number of separated children who are coming to us is decreasing, I presume so too is the number of children who are going missing. In the case of the aforementioned figure of more than 400 children, have the details of every single child who has gone missing been reported to the Garda?

We will conclude with those questions by taking some final responses as we are under some pressure to conclude the meeting. Who wishes to deal with those supplementary questions and any other outstanding questions?

Mr. Phil Garland

I believe Mr. Waterstone will be able to give a direct response to the question on those children.

Good. If there are matters with which the sub-committee is unable to deal within this timeframe, the witnesses certainly should correspond with us.

Mr. Phil Garland

We would be happy to provide written responses.

Mr. Aidan Waterstone

I will respond briefly to Senator Fitzgerald's question regarding research. Some research was carried out in 2008 by the Children Acts Advisory Board, which subsequently has been stepped down, with regard to the children in special care. Consequently, we have a body of knowledge in this regard. As for the significant increase this year, although we do not yet have the research findings to tell us the reason this is happening, some research was carried out recently in 2008 that is very helpful. However, this issue would require further evaluation and this again brings one to a budget issue in respect of the resources needed to do that kind of specialised research work.

Does Mr. Waterstone have a sense of the reason such a dramatic increase has taken place? What has been the clinical experience?

Mr. Aidan Waterstone

I would not like to speculate. One could speculate but I would prefer not to.

All right. Perhaps Mr. Waterstone will revert to the sub-committee.

Mr. Aidan Waterstone

As for Senator Corrigan's question on children going missing from care, every single child who goes missing is reported to the Garda Síochána and we work closely with the Garda with regard to separated children. We speculate that many of those children have come to Ireland for work purposes. We are aware that there may be exploitation in some circumstances. Often, however, people who present as children are adults who have come to Ireland for work purposes. It is an internationally organised system to place people in employment in Ireland.

I appreciate that, since April 2009, the new protocol between the HSE and the Garda has been in place. It requires each missing child to be reported missing, which is welcome. Previously, just under 400 children went missing from the care of the HSE. Were their details reported to the Garda?

Mr. Aidan Waterstone

The Senator is looking back a number of years.

Prior to April 2009.

Mr. Aidan Waterstone

It would always have been the practice of the HSE and the health boards previously to report any missing child to the Garda Síochána.

Did Senator Mary White wish to ask a question?

If there are no concluding remarks, then we have covered everything.

Mr. Phil Garland

I hope we have responded.

Our witnesses have indeed done so.

Mr. Phil Garland

If the committee has further queries, I would be happy to respond in writing or to present again.

We are grateful to our guests for their paper and the manner in which they have dealt with the questions. We look forward to engaging with them in future and we hope to support them in their valuable work. That is our principal purpose.

The sub-committee adjourned at 1.42 p.m. sine die.
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