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Gnáthamharc

Thursday, 9 Jun 2016

Written Answers Nos 1-35

Child Care Services Funding

Ceisteanna (12)

Dessie Ellis

Ceist:

12. Deputy Dessie Ellis asked the Minister for Children and Youth Affairs her plans to address the funding crisis in Youngballymun; and her plans to roll out this model across the State. [14841/16]

Amharc ar fhreagra

Freagraí scríofa

The Area Based Childhood (ABC) Programme is a joint prevention and early intervention initiative led by my Department and the Atlantic Philanthropies. It is a time bound co-funding arrangement with resources of €29.7m from 2013 to 2017. The aim of the ABC Programme is to test and evaluate prevention and early intervention approaches to improve outcomes for children and families living in poverty in 13 areas of disadvantage.

The ABC programme was preceded by the Prevention and Early Intervention Programme (PEIP) (2007-2013) in which three sites participated: Youngballymun, the Childhood Development Initiative Tallaght and the Preparing for Life Programme, Darndale. Youngballymun received €15m as a participant in the Prevention and Early Intervention programme. The total funding for Youngballymun under the ABC programme is €5m bringing the total funding received by Youngballymun under both programmes to €20m.

The current contract for Youngballymun is due to conclude in July 2016. My aim is to extend the duration of the Youngballymun programme, together with that of two other sites, to July 2017. This will bring them in line with the other 10 ABC sites. To ensure continued provision, my Department and The Atlantic Philanthropies have sanctioned an additional €400k to each of the three original sites. We are seeking to further supplement this base level of funding to each of the three sites, based on the prioritisation of the most effective interventions within their service agreements.

My Department is working to ensure that we take full account of the learning from all the interventions across the 13 ABC sites. This will offer a clear illustration of the interventions that work best, and will inform our plans to embed prevention and early intervention in services for children. The future of any individual project cannot be considered in isolation. Officials are working at a number of levels and through a number of initiatives to capture the learning to further advise me and Government.

I look forward to the continued engagement of Youngballymun with my Department. I want to ensure the implementation of quality prevention and early intervention initiatives in order to achieve our shared goal of improving the lives of children and families in Ballymun and throughout the country.

Preschool Services

Ceisteanna (13)

Martin Ferris

Ceist:

13. Deputy Martin Ferris asked the Minister for Children and Youth Affairs her plans in regard to the Highscope model; and her further plans to roll out this model nationally. [14848/16]

Amharc ar fhreagra

Freagraí scríofa

A range of educational approaches are offered in preschool services including the Montessori method, HighScope, Steiner-Waldorf and the play-based approach. My Department does not take the view that any particular method is preferable to another, and therefore has no plans to roll-out any particular educational approach nationally. While I have actually co-authored a manual for early childhood education incorporating highscope as part of its approach, we also incorporated insights from montessori and a wider play based approach. So I am personally aware of the power and effectiveness of the highscope model, I am also aware that an eclectic model has the potential to be equally effective.

Whichever curricular method is chosen by a service, every service is required to adhere to the principles of Síolta, the National Quality Framework for Early Childhood Education, and Aistear, the Early Childhood Curriculum Framework. These frameworks, which are the responsibility of the Department of Education and Skills and the National Council for Curriculum and Assessment, specify broad learning goals for children but respect the diversity of pedagogical approaches taken to achieve these goals.

The Early Years Inspectorates in Tusla and in the Department of Education and Skills carry out inspections on services regardless of which curricular method is used but with regard to Síolta and Aistear. The Department of Education and Skills's focused inspections in early years settings commenced in April 2016 and will evaluate all pedagogical practice. The first reports of these inspections will be published by end of June.

The Deputy may also be aware that Better Start, the National Early Years Quality Development Initiative has been established by my Department to support services in applying Síolta and Aistear, and to co-ordinate the work of existing State-funded supports for quality in early years settings. My Department is always open to engagement with the HighScope Ireland Institute on matters of mutual concern.

Child and Family Agency Funding

Ceisteanna (14)

David Cullinane

Ceist:

14. Deputy David Cullinane asked the Minister for Children and Youth Affairs her plans to further resource Tusla, the Child and Family Agency, to address the heavy caseloads of social workers; and if she will make a statement on the matter. [14829/16]

Amharc ar fhreagra

Freagraí scríofa

I want to acknowledge at the outset the excellent work done by social workers and other personnel within Tusla in the provision of child welfare and protection services.

Tusla has been provided with additional funding of €38m in Budget 2016, including additional funding of over €6 million to reduce the number of cases awaiting allocation of a social worker. As part of its Business Plan for this year, Tusla has committed to a number of key targets to achieve by the end of 2016. These targets include a 60% decrease of cases awaiting allocation; reducing the number of high priority cases awaiting allocation to less than 5% of the total number of unallocated cases; and ensuring that all children in foster care and residential care have an allocated social worker.

Tusla has made progress in its targets. In March 2016, there were 5,579 open cases awaiting allocation, down by 17% since December 2015.

Key to reducing the number of cases awaiting allocation to a social worker, and the associated risk, is the recruitment of staff, including additional social workers and support personnel. Tusla has been provided with additional resources to do this. Tusla has set a target to recruit an additional 168 WTE additional social workers this year. Since the beginning of 2016, the number of social workers has increased by 133 WTEs.

In addition, the issue of addressing heavy caseloads can also be impacted positively by an agencies caseload management approach. Tusla's approach to social work services was developed and piloted in 2013 and rolled out across the country in 2014. It was agreed at the time that a detailed review would be undertaken in 2015 to review methodology and recommend any changes required. It is anticipated the report will be completed in the very near future.

Officials in my Department meet with the Tusla senior management team on a monthly basis and review progress in the recruitment and retention of social workers and other key personnel. My Department has already commenced discussions regarding Tusla's budget requirements for 2017. I will be meeting with the Board of Tusla shortly during which I will discuss key service priorities and anticipated financial requirements for next year.

Child Care Services

Ceisteanna (15)

James Browne

Ceist:

15. Deputy James Browne asked the Minister for Children and Youth Affairs if she agrees that grandparents offer a valuable and often overlooked role in raising their grandchildren; the supports are available to grandparents who act in loco parentis to their grandchildren; and if she will make a statement on the matter. [14852/16]

Amharc ar fhreagra

Freagraí scríofa

I completely agree with the Deputy that grandparents can play many important roles in their grandchildren's lives, mine did. They can be loving companions, caregivers, mentors, historians and sources of various other forms of support including, sometimes, parenting in partnership with their children. I am witnessing many of my friends and colleagues play that role. What an extraordinary contribution they offer to their grandchildren, their families and the State. I want to put on public record my deep appreciation for their contribution.

Grandparents may either be ordinary caregivers, acting "in loco parentis" or they may be appointed as formal foster carers. Grandparents acting in loco parentis should not be confused with relative foster carers. Those acting in loco parentis are doing so under a private family agreement, and the Child and Family Agency, Tusla, is not involved. The same universal services such as those provided in the community or health sectors, which are available for parents are also available for grandparents, including more targeted services such as family support.

Wherever possible, Tusla considers relative foster care in the first instance in order to lessen the impact of being in care for the child. Where relative foster care is not possible, children are placed in general foster care. A key element of the support to be provide to foster children include; allocation of a dedicated social worker for children in care, access to a link social worker for supervision and support to the foster carers; onward referral and advocacy for access to specialist services to meet the child's identified needs such as speech and language therapy, counselling and psychotherapy services.

A foster care allowance of €325 for children under 12 and €352 for children aged 12 years and over is provided to support the care and welfare of the child.

A child may be received into care on a voluntary basis or by order of the Courts. Decisions on the variation or discharge of a care order are also a matter for the relevant Court and lie outside the powers of Tusla. The development of a statutory care plan will set out what is in the best interests of the child. Where a placement is not meeting the needs of the child to an optimum level, Tusla will seek an alternative placement that can provide the necessary care. This process may also include an order from the Court in approving the change of placement.

Child and Family Agency Remit

Ceisteanna (16)

Mattie McGrath

Ceist:

16. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs the circumstances in which she can instruct Tusla, the Child and Family Agency, to alter its policy on any given issue under its remit; and if she will make a statement on the matter. [14823/16]

Amharc ar fhreagra

Freagraí scríofa

Tusla, the Child and Family Agency was established under the Child and Family Agency Act, 2013 on 1 January 2014. The Agency has responsibility for a range of services, including

- child welfare and protection services, including family support services previously delivered by the HSE

- services provided by the former Family Support Agency and the National Educational Welfare Board;

- pre-school inspection services;

- domestic, sexual and gender-based violence services; and

- community-based services related to the psychological welfare of children and families.

In accordance with the Agency's establishing legislation, each year a detailed Performance Statement is prepared by myself as Minister for Children and Youth Affairs for the Agency with specific policy guidance, direction, prioritisation and resource parameters to inform the preparation of its annual business plan. This Statement also sets out the key priorities that are required of Tusla. The content of the Performance Statement for 2016 was informed by the 2016 Budget allocation and took account of Government priorities and a number of important issues for children, young people and families which emerged during 2015.

Under the Child and Family Agency Act, 2013 there are powers conferred on me as Minister for Children and Youth Affairs, which allow for additional written policy direction and/or guidelines to be given to the Agency. This is covered by Section 47 and Section 48 of the Act.

My Department works very closely with Tusla and closely monitors delivery of its annual Business Plan, prepared in response to the detailed policy guidance provided in the Performance Statement which issues to Tusla under the 2013 Act. The need for any additional policy guidance is kept under review.

Garda Youth Diversion Projects

Ceisteanna (17)

Martin Kenny

Ceist:

17. Deputy Martin Kenny asked the Minister for Children and Youth Affairs if she has considered advocating for the services of the Garda youth diversion projects to be extended in north inner city Dublin, as part of a long-term plan to stem the flow of young persons becoming involved in crime; and if she will make a statement on the matter. [14850/16]

Amharc ar fhreagra

Freagraí scríofa

Statutory provision in relation to young offenders is set out in the Children Act 2001. The elements of the Children Act relating to the operation of the Garda Youth Diversion Programme, matters relating to criminal proceedings against children, criminal law issues and the operation of the Children Court under the Act come within the remit of the Tánaiste and Minister for Justice and Equality. The operation of the children detention school system under Part 10 of the Act is under the remit of the Minister for Children and Youth Affairs. The Irish Youth Justice Service, based in my Department and staffed by officials from both Departments concerned, oversee the operation of the Act and all relevant policies and programmes.

There is significant investment in community based programmes which are directed at diverting young people from further involvement in criminal or anti-social behaviour. In 2016, just under €17 million has been allocated by the Department of Justice and Equality to the Irish Youth Justice Service to administer Garda Youth Diversion Projects and Young Persons Probation Projects. These projects also benefit from support under the European Social Fund.

Overall funding of almost €900,000 is being provided this year to support these important initiatives in the Dublin north inner city area. In particular, the Garda Diversion projects provided support and services to over 140 young people who were referred in 2015. I welcome this allocation of funding for 2016. Each project works in conjunction with An Garda Síochána to develop a youth crime profile of the catchment area and the young people living there so that services are targeted effectively. I will continue to engage with the Tánaiste and Minister for Justice and Equality on the operation of the Garda Youth Diversion Projects, through the cross - agency structure of the Irish Youth Justice Service.

Ombudsman for Children Remit

Ceisteanna (18)

Mick Wallace

Ceist:

18. Deputy Mick Wallace asked the Minister for Children and Youth Affairs if she will consider extending the mandate of the office of the Ombudsman for Children such that it could receive complaints from children in direct provision, as was recommended by the working group on the protection process; if she had discussions with the Minister for Justice and Equality as regards joint measures to improve the lives of children in direct provision; and if she will make a statement on the matter. [14818/16]

Amharc ar fhreagra

Freagraí scríofa

The direct provision system is under the remit of my colleague Frances Fitzgerald TD, Tánaiste and Minister for Justice and Equality, and the policy decision in question is a matter for her.

The Report of the Working Group on the Protection Process was published in June 2015 and recommended that the Ombudsman and the Ombudsman for Children would be given remit to deal with complaints relating to certain matters for asylum seekers in the Direct Provision system. A similar recommendation was made to the UN Committee on the Rights of the Child in January 2016.

Earlier this year, Minister Fitzgerald committed in principle to amending legislation to allow the Ombudsman for Children and the Ombudsman to deal with issues relating to direct provision. Both issued press statements welcoming this commitment.

It is not yet clear what legislative change, if any, would be required to give effect to this expansion of remit. Following the enactment of the Ombudsman (Amendment) Act 2012, the remit of the Ombudsman and the Ombudsman for Children have been largely aligned. Discussions of such an expansion are likely to involve a number of Government Departments including the Department of Justice and Equality, the Department of Public Expenditure and Reform and my own Department.

I can assure the Deputy that if legislative change is required, my Department will cooperate fully to ensure the necessary legislation is advanced in an appropriate and timely manner.

Youth Services Funding

Ceisteanna (19)

Martin Kenny

Ceist:

19. Deputy Martin Kenny asked the Minister for Children and Youth Affairs her plans to increase the funding to youth services nationally; and if she will make a statement on the matter. [14851/16]

Amharc ar fhreagra

Freagraí scríofa

My Department administers a range of funding schemes and programmes to support the provision of youth services by the voluntary youth sector, to young people throughout the country including those from disadvantaged communities. The funding schemes support national and local youth work provision to some 380,000 young people. The voluntary youth sector involves approximately 1,400 paid staff, including youth workers and 40,000 volunteers working in youth work services and communities throughout the country.

I am pleased to advise the Deputy that Budget 2016 provided an additional €1.1m in current youth funding to my Department bringing the total allocation for the youth services to €51m in 2016. This additional funding will be used for programmes that target disadvantaged young people and to assist national youth organisations in their work to support local voluntary youth services.

In addition €2.6m in capital funding, also provided in Budget 2016, will be used to support small scale projects, including refurbishment, health and safety fit-outs and accessibility improvements in local youth services.

The Government is committed to building on these developments for young people and to the implementation of the National Youth Strategy 2015 to 2020 to secure improved outcomes for them in key aspects of their lives. I will shortly announce details of the successful applications that are to be funded under the new Youth Employability Initiative. The Initiative which is funded under the Dormant Accounts scheme will target those young people aged 15 to 24 years who are most at risk of unemployment and who are not in education, employment or training. Under the Initiative, €600,000 will be provided to the voluntary youth services, to support the provision of innovative programmes for these young people to enhance their employability skills and competencies. My priorities include the further development of this type of initiative, as well as other support programmes for vulnerable young people. The options for additional investment in these supports will be considered in the context of the annual Estimates and Budgetary processes and the implementation of the National Youth Strategy in line with the Programme for Government.

Direct Provision System

Ceisteanna (20)

Paul Murphy

Ceist:

20. Deputy Paul Murphy asked the Minister for Children and Youth Affairs her views on the care of children in the direct provision system; if she will support the taking of all minors out of that system given the inappropriateness of that system for children; and if she will make a statement on the matter. [14839/16]

Amharc ar fhreagra

Freagraí scríofa

The direct provision system is under the policy remit of my colleague, the Minister for Justice and Equality. Children living in direct provision are in the care of their parent(s). Concerns about the welfare, safety or well-being of a child in direct provision are reported to the Child and Family Agency, Tusla, in line with Children First guidelines. Tusla has been working closely with the Child and Family Services Unit within the Reception and Integration Agency (RIA) of the Department of Justice and Equality, which has responsibility for direct provision.

The needs of children in direct provision include education, preschool, medical and health issues. Tusla provides a range of services that offer advice and support to families. This includes the services of family support workers, social workers, youth workers, family resource centres, support groups and counselling services.

Children, separated from their parents, who arrive in this jurisdiction and are seeking asylum, are placed in the care of the State. The majority of separated children are placed with foster carers around the country. Tusla has a dedicated Social Work Team which deals with separated children seeking asylum. Separated children are a vulnerable group and the State is duty bound by international and domestic law to protect and provide for them in the same way as it does for children normally resident in the State.

Under Tusla's 'Equity of Care Policy', all separated children are allocated a social worker, who is responsible for the development and implementation of an individual statutory care plan for the child. Tusla maintains the equity and equality of services to separated children vis a vis other children in state care and ensures that there is no differentiation of standard care provision, care practices, care priorities, standards or protocols. All foster care organisations and residential centres are inspected against national standards.

Child Protection Services Provision

Ceisteanna (21)

Bernard Durkan

Ceist:

21. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which, in the context of the programme for Government or otherwise, she intends to address the issue of vulnerable children who may be subject to bullying out of school; if she is satisfied regarding the adequacy of the existing structures to meet the requirements in this area with particular reference to the number of reported incidents in the past five years; and if she will make a statement on the matter. [14819/16]

Amharc ar fhreagra

Freagraí scríofa

The welfare and protection of children, and in particular, vulnerable children, is everybody’s concern. Responsibility for children’s welfare arises in all settings where children are, and attaches to all responsible adults who come in contact with children. The primary responsibility for protecting children rests with their parents, but parents are supported in this role by range of service providers, state agencies, schools and professionals working with children and young people. There is a range of services which can assist children and young people in coping with bullying situations.

- For example, www.webwise.ie – an initiative of the Department of Education and Skills – provides information and advice for parents and teachers about risks and how to protect children against cyberbullying.

- At community level, many of the voluntary youth services funded by my Department provide education programmes, run awareness campaigns about bullying and provide programmes for young people to give them the knowledge and skills to build supportive links and counter bullying behaviours. Specifically, my Department supports the National Youth Health Programme which is in partnership with the HSE and the National Youth Council of Ireland. The programme's aims are to provide a broad-based, flexible health promotion-education support and training service to youth organisations and to all those working with young people in out-of-school settings, and includes programmes aimed at exploring bullying and cyberbullying with young people.

- Schools are also strengthening collaboration and interaction with youth services and promote the active participation by pupils in youth focused services within their local communities.

The Deputy will be aware of the Action Plan on Bullying led by my colleague the Minister for Education. While the report deals with bullying in schools, it acknowledges that bullying is a complex social issue and can take place anywhere children and young people are together, including, as we know, on social media. The report highlights the need for parents and young people to understand how to use modern technologies safely and to know how to protect themselves in school, at home and in their communities.

With regard to cyberbullying, the Office for Internet Safety, under the Department of Justice and Equality, takes a lead responsibility for internet safety in Ireland, particularly as it relates to children. As part of its work it holds an annual Safer Internet Day, which has included a roll-out of a social marketing campaign specifically targeted at young people. In 2013, the then Minister of Communications established an Internet Content Governance Advisory Group to ensure our national policy represents best practice in offering the same online protections to our citizens as those available in the offline world. The Group’s report published in May 2014 made several recommendations aimed at protecting children and young people without unduly limiting their opportunities and rights online. I hope to advance these issues in conjunction with my colleagues the Minister for Justice, the Minister for Education and the Minister for Communications as part of the Programme for Government's specific commitment in relation to ensuring that robust protections are in place to fully protect children while on line.

Departmental Functions

Ceisteanna (22)

Clare Daly

Ceist:

22. Deputy Clare Daly asked the Minister for Children and Youth Affairs her views on the desirability of her Department assuming responsibility for young adults in the judicial system, responsibility which currently rests with the Department of Justice and Equality; and if she will make a statement on the matter. [14658/16]

Amharc ar fhreagra

Freagraí scríofa

By way of background, statutory provision in relation to young offenders in terms of persons under the age of 18 years is set out in the Children Act 2001. The elements of the Children Act relating to the operation of the Garda Youth Diversion Programme, matters relating to criminal proceedings against children, criminal law issues and the operation of the Children Court under the Act come within the remit of the Tánaiste and Minister for Justice and Equality. The operation of the children detention school system under Part 10 of the Act is under the remit of the Minister for Children and Youth Affairs. The Irish Youth Justice Service, based in my Department and staffed by officials working on an interagency basis from both Departments concerned, oversee the operation of the Act, youth crime policy and all relevant projects and programmes. A Youth Justice Action Plan was agreed in 2014 for the period up to 2018 and this is implemented by the Irish Youth Justice Service in conjunction with all relevant agencies, including An Garda Síochána, the Probation Service, the Oberstown Detention Campus, the Irish Prison Service and Tusla, the Child and Family Agency. The aim of the Action Plan is to create a safer society by working in partnership to reduce youth offending through appropriate interventions and linkages to services.

I assume the context of the Deputy's question refers to the recent report issued by the Jesuit Centre for Faith and Justice, entitled "Developing Inside - Transforming prison for young adults". This report makes a range of recommendations in relation to the operation of prison and custodial regimes for young adults in the age range of 18 - 24 years. These recommendations include assigning responsibility for this age cohort to the Irish Youth Justice Service, achieving a significant reduction in the number imprisoned, accommodating such persons in separate facilities from older prisoners, ending the use of restricted prison regimes and enhanced training for prison staff. All of these recommendations have implications for the operation of the adult prison system and some of them have implications for the wider criminal justice system, which is under the remit of the Tánaiste and Minister for Justice and Equality.

At the moment my political priority in this field must continue to be the ending of the practice of detaining children in adult prison facilities. A programme of investment in the Oberstown campus, combined with necessary legal and operational reforms, has been underway in recent years to this end. It is my aim to assign responsibility for 17 year old boys who are serving a sentence of detention to the Oberstown campus at the earliest date possible this year, subject to the progress of a recruitment programme which is ongoing at present. This will end the practice of detaining children in adult prison facilities, which has been called for since at least the 1980s.

When this review is complete, I will review with careful discernment the recommendations of the report issued by the Joint Committee, as well as reports by other respected bodies or independent bodies such as the IHREC.

Homeless Accommodation Provision

Ceisteanna (23)

Mick Barry

Ceist:

23. Deputy Mick Barry asked the Minister for Children and Youth Affairs her views on the long-term effect of homelessness on children, their welfare and their educational attainment; the actions she has taken; and if she will make a statement on the matter. [14847/16]

Amharc ar fhreagra

Freagraí scríofa

Homelessness, whether for a child presenting alone or as part of a family, is a distressing experience. Children under 16 who present as being homeless to emergency services are taken into care. Children aged 16 and 17 may be taken into care, or provided a service under section 5 of the Child Care Act 1991 (accommodation for homeless children). Care planning is an integral part of the care process. The specific needs of any child and the services and supports that they might need to achieve their potential are assessed and planned for. For young people who were formerly in the care of the State, aftercare services are also put in place in respect of the specific needs of a child, including accommodation and educational supports.

Family homelessness is managed by the Dublin Region Homeless Executive and the local authorities. Currently, for many families, this means being accommodated on an emergency basis in hotel accommodation. Living in such accommodation on an extended basis is simply not conducive to normal family life for parents or their children. This includes the practical difficulties of no cooking facilities; accommodating a family's belongings in hotel room accommodation; being away from the community services and facilities, including schools that the family are familiar with; as well as the inevitable stresses on relationships on living in confined spaces. Families who are housed outside of their communities may well have little or no access to their social networks and these are most at risk of faring poorly. The priority of local authorities is to move families, as soon as possible, from emergency accommodation into a more suitable family-friendly setting.

Within my own remit, Tusla – the Child and Family Agency provides family support and works with relevant services to maximise the supports available to children and families who are homeless. Tusla and the Dublin Region Homeless Executive are shortly to sign off on a joint protocol which includes guidance on working with families where child protection concerns arise within emergency homeless accommodation. I anticipate that the protocol will be in full operation this month. Additionally, Tusla has appointed a Homelessness Liaison Officer to lead on its engagement with homeless services, particularly in relation to child protection issues. Tusla has also established links with the Dublin Region Homeless Executive around access for children and families to Family Resource Centres. Regarding Tusla’s educational welfare services, guidance has issued to Home School Community Liaison and School Completion staff on assisting children and families experiencing homelessness to maintain regular school attendance. Additionally, School Completion Programmes have been asked to prioritise homeless children for services such as breakfast and after-school clubs.

In recent weeks, I have been meeting with representatives from a range of homelessness and other children advocacy organisations. Those meetings provided me an insight into the key issues facing children who are in emergency accommodation with their families. In conjunction with my Cabinet colleagues, I am seeking to define a set of measures to better support children with their families in emergency homeless accommodation. There continues to be on-going communication and cooperation between my Department and the Department of the Environment, Community and Local Government on the issue of homelessness as part of a wider Government response to addressing this issue.

Detention Centres Provision

Ceisteanna (24)

Donnchadh Ó Laoghaire

Ceist:

24. Deputy Donnchadh Ó Laoghaire asked the Minister for Children and Youth Affairs if she is satisfied that young persons and staff at the Oberstown detention facility are guaranteed safety under the current policy and procedures that staff are provided with adequate training and supports; and if she will make a statement on the matter. [14832/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister with responsibility for children and young people, I am committed, first and foremost, to the provision of an appropriate, safe and secure environment for children in custody on the Oberstown campus. These children are cared for by staff who deserve to have a safe working environment.

In Oberstown, there is an emphasis on training in behaviour management programmes that de-escalate and, where possible, avoid crises involving the behaviour of children. I condemn any and all incidents resulting in assault and injury to staff. There is no acceptable level of violent behaviour in a children detention school.

Children are assessed daily for all forms of risk and in the light of such assessments the residential care plans for children are reviewed accordingly. The Oberstown Campus has in place a published bespoke behaviour management policy which has been developed in conjunction with the Crisis Prevention Institute (CPI) of Milwaukee, Wisconsin, USA who are internationally recognised for their expertise in this area. Oberstown staff are provided with formal training in the policy with the object of providing staff with the skills to manage the behaviour of children. Policies and procedures are continually reviewed with the aim of ensuring safe and secure custody for children and the safety of staff.

Unfortunately, the risk of injury cannot be excluded completely given the nature of a children detention school. A specific employee assistance programme is in place to assist members of staff on foot of any such incident where required. Staff are fully supported where incidents have to be investigated by the Garda authorities.

I also understand that the issues of staff safety and training supports are currently the subject of discussion between Oberstown management and staff representatives. I welcome the fact that this engagement is taking place and intend to continue to monitor the progress of this discussions, in conjunction with the Oberstown board of management.

Workplace Relations Commission

Ceisteanna (25)

James Browne

Ceist:

25. Deputy James Browne asked the Minister for Children and Youth Affairs if she proposes putting in place supports for parents who may no longer be able to avail of the traditional au pair role given the recent clarification by the Workplace Relations Commission that au pairs are not exempted or treated as separate categories of workers under Irish employment law and that Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them and additional supports.. [14853/16]

Amharc ar fhreagra

Freagraí scríofa

Issues relating to the Workplace Relations Commission and au pair contracts are in the first instance a matter for the Minister for Jobs, Enterprise and Innovation.

The extent to which the decision of the Workplace Relations Commission decision will impact on the numbers of families who rely on au pairs for their child-minding requirements is not yet known. The report of the Interdepartmental Group on Future Investment in Childcare found that au pairs or nannies comprise a small percentage of childcare arrangements. The 'Growing Up in Ireland' longitudinal study indicated in December 2011 that one percent of nine-month-olds, and one percent of three-year-olds are cared for by au pairs or nannies.

I encourage parents who are impacted by the Workplace Relations Commission decision to make contact with their local City or County Childcare Committee (CCC) if they require advice or support with childcare choices or indeed for information on subsidies to which they may be entitled. CCCs are available in 30 locations across Ireland. Childminding Ireland may also be able to assist in finding a registered childminder.

My Department operates a number of schemes that provided subsidised childcare. These schemes primarily support childcare in formal settings such as preschools and creches. However some programmes are also delivered by registered childminders.

My priority as Minister for Children and as set out in the Programme for Government is to make high quality affordable childcare available to those who need it. This includes children from 9 months of age to 36 months, and children who need care after school. The expansion of the Early Childhood Care and Education (ECCE) programme from September of this year by an additional 23 weeks, on average, represents a significant step forward, and I hope to build on this in the coming years.

Child Protection Services Provision

Ceisteanna (26)

Ruth Coppinger

Ceist:

26. Deputy Ruth Coppinger asked the Minister for Children and Youth Affairs her views on the child protection and welfare issues where the lack of availability of alternative housing is adding to the difficulties faced by children in households where there is domestic violence; the action she has taken on this matter; and if she will make a statement on the matter. [14845/16]

Amharc ar fhreagra

Freagraí scríofa

Tusla, the Child and Family Agency has statutory responsibility for the care and protection of victims of domestic, sexual and gender-based violence whether in the context of the family or otherwise. A network of 60 organisations provide services to victims of domestic, sexual and gender-based violence in Ireland, including 20 services providing emergency refuge accommodation to women and children and 24 community-based domestic violence services.

Ireland has recently signed the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). As the agency with statutory responsibility for care and protection of victims of domestic, sexual and gender based violence, Tusla will work collaboratively with service provider organisations, statutory agencies and other stakeholders to ensure the successful implementation of the objectives of the Convention.

The Agency has in place a dedicated national budget of €20.6m in 2016 for domestic, sexual and gender-based services. This includes additional funding of €200,000 in 2016, to begin the process of implementation of the Istanbul Convention.

Current provision of refuge spaces nationally includes 145 family units, which include 428 spaces for children. Using the methodology for calculating refuge spaces set out by the Council of Europe, the number of available family places nationally is approximately one space per 9,000 adult women, which is within recommended minimum standards for countries where integrated community based responses to domestic violence are in place.

Tusla recognises that there are challenges to be addressed in ensuring that there is an appropriate configuration of spaces available to all women and children who require emergency accommodation and that those with greatest needs for safe accommodation are prioritised appropriately.

The current housing shortage and homeless situation puts particular pressure on emergency refuge services which face challenges in supporting service users in finding appropriate move-on accommodation when safety issues have been addressed.

A range of integrated supports are required in order to reduce the need for women and children to use emergency accommodation and to ensure that families disrupted by domestic violence can be supported to resume normal and safe family living beyond refuge-type accommodation, within the shortest possible timeframe.

At all times the Agency’s key priority is to ensure that the needs of women and children fleeing domestic violence are being met in the best way possible and to address issues of equity in access to and outcomes from services.

Tusla expects eight additional units of emergency accommodation to become available in the greater Dublin area in 2016.

Child Protection Services Provision

Ceisteanna (27)

Bernard Durkan

Ceist:

27. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs her proposals to identify and provide the necessary back up for children at risk, whether from physical or mental abuse, neglect or other failure; if she is satisfied that the existing structures will meet the challenges of the future; and if she will make a statement on the matter. [14820/16]

Amharc ar fhreagra

Freagraí scríofa

The Child and Family Agency, Tusla, holds the statutory responsibility for child welfare and protection, and is the appropriate body to receive reports of concerns relating to children at risk.

Each referral received by the Agency is assessed and dealt with on an individual basis by the relevant social work team. Preliminary screening is aimed at establishing the appropriateness of the referral to Tusla services and, if necessary, is followed by an initial assessment of the concern to determine the best course of action for the child and their family. Over half of all referrals received by Tusla are welfare concerns and Tusla's policy is to refer these to relevant family and community support services.

At any stage, if a determination is made that there is abuse or the risk of abuse, whether physical, emotional, sexual or neglect, the child protection pathway is followed. A social worker works with the parent/s to support them to provide safe care for their child. In a minority of cases this may lead to the child being placed on the Child Protection Notification System (CPNS) or the child being received into care. I wish to assure the Deputy that Tusla deals immediately with emergency cases, including for instance, if a child has been abandoned or is in immediate physical danger or at immediate risk of sexual abuse. Social work duty teams keep high priority cases under review by regularly checking to ascertain risk to the child, and where necessary will reprioritise the case.

Provisional figures for 2015 show that there were 25,361 child welfare concerns and 18,235 child protection concerns received by Tusla. Referrals come from a number of sources so there are some duplicates in these figures, and some will be more appropriate for universal services, such as those provided in the community or health sectors.

Legislative Measures

Ceisteanna (28)

Brian Stanley

Ceist:

28. Deputy Brian Stanley asked the Minister for Children and Youth Affairs if she assessed the possible unforeseen effects of the Aftercare Bill 2014; her plans to amend this legislation in the near future; and if she will make a statement on the matter. [14827/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Child Care (Amendment) Act 2015 was signed into law in December of last year and is awaiting commencement. The Act is primarily concerned with aftercare – the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him or her in making the transition to independent living. The Act obliges the Child and Family Agency, following an assessment of need, to prepare an aftercare plan identifying relevant aftercare supports for an eligible child or eligible young person.

The Act builds on the existing provisions of section 45 of the Child Care Act 1991 and obliges the Agency:

(i) to prepare an aftercare plan for an eligible child before they reach the age of 18,

(ii) to prepare an aftercare plan, on request, for an eligible adult aged 18, 19 or 20, and

(iii) in relation to an eligible adult, to review the operation of an aftercare plan where there has been a change in that adult’s circumstances or additional needs have arisen.

An eligible child means a child aged 16 years or over who has spent at least 12 months in the care of the State between the ages of 13 and (up to) 18 years old. An eligible adult means a young person aged 18, 19 or 20 who has spent at least 12 months in the care of the State between the ages of 13 and 18 years old.

The Act also provides that where a child or adult has been in care (for any period of time between the ages of 13 and 18) and has also been accommodated under section 5 of the Child Care Act 1991 (accommodation for homeless children), then, any periods of time spent in such accommodation and that spent in care can be combined to meet the 12 month threshold for eligibility for an aftercare plan.

Overall, the Act underpins significant initiatives and reforms that have taken place in recent years, which have been developed with the goal of improving aftercare services so as to deliver better outcomes for young people leaving the care of the State.

At this point in time, I have no plans to amend the aftercare provisions contained in the Child Care (Amendment) Act 2015.

Child Care Costs

Ceisteanna (29)

Paul Murphy

Ceist:

29. Deputy Paul Murphy asked the Minister for Children and Youth Affairs her views on the provision of affordable child care; the role she sees for the private sector in child care provision; and if she will make a statement on the matter. [14840/16]

Amharc ar fhreagra

Freagraí scríofa

The DCYA administers a number of programmes to assist parents in accessing affordable childcare. These programmes are predominantly available through formal childcare settings such as crèches or preschools, some of which are run by community/not-for profit organisations, and some by private providers. In some instances programmes are also available through Tusla notified childminders who meet contract requirements.

The largest scheme operated by my Department is the Early Childhood Care and Education (ECCE) programme, which from September 2016, will make free preschool available for 15 hours per week for 38 weeks per annum to all children from the time they turn three, until they go to school, entering at three points in the year: September, January and April. On average, from September 2016, children will benefit from 61 weeks, up from the current provision of 38 weeks. Access to the average 61 weeks of ECCE can reduce the cost of childcare by €4000 per child.

My Department also operates the Community Childcare Supplement (CCS), the After-School Childcare (ASCC), the Childcare Education and Training Support (CETS), and the Community Employment Childcare (CEC) programmes which subsidise childcare for eligible parents. In 2017 my Department plans to replace these with a single and simplified programme that will be available through community (not for profit) and private childcare providers. This programme, when developed, will provide an infrastructure through which any further investment in the subsidisation of childcare can be delivered. Some subsidised childcare places through the Community Childcare Supplement (CCS) programme remain available and I encourage low income parents to make enquiries regarding their possible eligibility for CCS with their local City and County Childcare Committee.

My Department has long-standing relationships with community/not-for-profit childcare providers, and recognises the important role that this sector has to play in childcare provision. As demand for childcare continues to grow with, for example, the ECCE scheme set to increase from 67,000 children last year to approximately 127,000 in 2017, it is essential to support both community and private childcare provision to meet this demand. An extra €16m was allocated in Budget 2016 to provide for the expansion of the CCS Programme to eligible families. As these families do not always live in areas served by community/not-for-profit services, the programme was expended to private providers. Irrespective of who the service provider is, I am determined to ensure that high-quality education and care is provided to all children. To that end, new Child Care Regulations will come into effect on a phased basis from 30 June 2016.

Legislative Measures

Ceisteanna (30)

Martin Ferris

Ceist:

30. Deputy Martin Ferris asked the Minister for Children and Youth Affairs her plans to implement section 22 of the Adoption Act 2010 based on means to support those persons that wish to adopt but are unable to do so due to the cost of adoption. [14849/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Adoption Act 2010 was commenced on the 1st of November 2010 and all sections of the Act came in to operation on that date.

Under the Adoption Act 2010 the Child and Family Agency carries out robust and comprehensive assessments on individuals who wish to adopt a child. The assessment of a person suitable to adopt as per section 34 of the Adoption Act 2010 states that an adoption order shall not be made unless the Authority is satisfied that the applicant is a suitable person to have rights and duties in respect of the child, is of good moral character, in good health and of an age that he or she has a reasonable expectation of being capable throughout the child’s childhood of fulfilling his or her parental duties in respect of the child. In addition, the applicant needs to demonstrate an ability to promote and support the child’s development and well being, providing the necessary health, social, educational and other interventions for the child, and valuing and supporting the child needs in relation to his or her identity and ethnic religious and cultural background. The assessment includes ensuring that the applicant has adequate means to support the child.

Section 22 of the Adoption Act 2010, provides that the Child and Family Agency may contribute towards the expenses incurred by a person in connection with an application to adopt. I am advised by the Child and Family Agency that this may occur when dealing with the issue of dispensing with consent. Section 26 of the Act provides that an adoption order cannot be granted unless consent has been given by a child’s mother, a guardian or person having charge of the child. In cases where the mother cannot give consent or is unwilling to do so and it is deemed that adoption is in the child’s best interest, the case will be referred to the High Court where the dispensing of the mothers consent will be considered. These cases are often associated with children in long term care who are being adopted by their foster carers. In such cases the Agency may meet the High Court costs if the applicants, as identified through the assessment do not have the means to meet these costs. The Agency may also meet the cost of supplementary assessments such as DNA testing in order to determine parentage and/or psychological tests where the costs cannot be met by the person required to undergo the assessment.

Preschool Services

Ceisteanna (31)

Clare Daly

Ceist:

31. Deputy Clare Daly asked the Minister for Children and Youth Affairs if she is aware of an integrated preschool unit at a school (details supplied) and the possibility of expanding services of this nature to other communities; if she had any meetings with the Minister for Education and Skills in respect of these matters; and if she will make a statement on the matter. [14657/16]

Amharc ar fhreagra

Freagraí scríofa

I am aware of an integrated pre-school unit at the facility in question. I have liaised with the Department of Education and Skills (DES) regarding this facility and I am open to meeting with the Minister to discuss this matter further.

Under Circular 16/05 issued to primary schools in 2005, the use of school premises during the school day, for purposes other than regular school business requires the prior approval of the Minister for Education and Skills so that the overall needs of the school can be accommodated into the future.

Proposals to the Minister of Education and Skills to allow use of accommodation during the school day have been facilitated in the past, provided that the school's current and future accommodation needs are not compromised and the consent of the patron has been received. In the case of the facility in question, future accommodation needs for the primary school intake will take precedence over the needs of the pre-school.

In facilitating the establishment of pre-schools in schools or co-located with schools, DES looks favourably on the establishment of pre-school facilities on school sites. However, there are a number of complex issues that need to be considered in respect of such arrangements. These issues, including property, governance, insurance and liability, are being considered as part of a review within DES of the requirements around the use of school premises/property for pre-school services and the preparation of guidelines in relation to same. Legal advice is being sought by the Department of Education and Skills in relation to these issues. Officials from the Department of Education are working closely with officials from my Department on the matter. My Department is currently working with the 30 City/County Childcare Committees to ensure that there will be sufficient supply to meet the demand for the extended Early Childhood Care and Education programme that will be available from September of this year. All options that serve children and families will be considered in order to meet this demand.

Child and Family Agency Funding

Ceisteanna (32)

Robert Troy

Ceist:

32. Deputy Robert Troy asked the Minister for Children and Youth Affairs the reason a guardian ad litem and rehabilitation centre (details supplied) in County Longford has not received significant funding owed to it by Tusla, the Child and Family Agency; and if she is aware of the financial difficulty this delay in funding is having on the centre's activities. [14837/16]

Amharc ar fhreagra

Freagraí scríofa

Under the Child Care Act, 1991, guardians ad litem are appointed by the Courts. The Child and Family Agency has statutory responsibility under this Act for payment of any costs incurred by a person who has been appointed by a court to act as a guardian ad litem in proceedings under the Act.

I have made enquiries with the Child and Family Agency and I have been informed that the Agency has been in contact with the party in question and is working to resolve the issue as soon as possible.

The Deputy's question has been referred to the Child and Family Agency and the Agency has been requested to issue a reply directly to the Deputy on the matter.

Industrial Relations

Ceisteanna (33)

Mick Barry

Ceist:

33. Deputy Mick Barry asked the Minister for Children and Youth Affairs to report on the industrial relations situation in Oberstown youth detention centre. [14846/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister with responsibility for children and young people, I am committed, first and foremost, to the provision of an appropriate, safe and secure environment for children in custody on the Oberstown campus. These children are cared for by staff who deserve to have a safe working environment.

In recent years it has been Government policy to end the practice of detaining children in adult prison facilities. This policy has found cross-party support. In moving towards this goal a series of developments have been put in place. These have included a substantial capital development to provide new and modern facilities at Oberstown and also a range of operational improvements including measures to integrate and standardise procedures on the Campus, legislative reform under the Children (Amendment) Act 2015 and the first programme of staff recruitment in over ten years. I acknowledge the contribution of the staff and managers in Oberstown on the progress that has been made in this area. They have played a key role in delivering this change.

I understand that the issues of staff safety and training supports are currently the subject of discussion between Oberstown management and staff representatives at the Workplace Relations Commission, following the industrial action which took place on Tuesday 31 May.

In Oberstown, there is an emphasis on training in behaviour management programmes that de-escalate and, where possible, avoid crises involving the behaviour of children. I condemn any and all incidents resulting in assault and injury to staff. There is no acceptable level of violent behaviour in a children detention school. I am advised that children are assessed daily for all forms of risk and in the light of such assessments the residential care plans for children are reviewed accordingly. The Oberstown Campus has in place a published bespoke behaviour management policy which has been developed in conjunction with the Crisis Prevention Institute of Wisconsin, USA who are internationally recognised for their expertise in this area. Oberstown staff are provided with formal training in the policy with the object of providing staff with the skills to manage the behaviour of children. Policies and procedures are continually reviewed with the aim of ensuring safe and secure custody for children and the safety of staff.

Unfortunately, the risk of injury cannot be excluded completely given the nature of a children detention school. A specific employee assistance programme is in place to assist members of staff on foot of any such incident where required. Staff are fully supported where incidents have to be investigated by the Garda authorities.

I welcome the fact that the engagement between Oberstown management and staff is now taking place at the Workplace Relations Commission and understand that industrial action has been suspended during this process. I intend to continue to monitor the progress of these discussions, in conjunction with the Oberstown board of management.

Child Care Services Provision

Ceisteanna (34)

Fiona O'Loughlin

Ceist:

34. Deputy Fiona O'Loughlin asked the Minister for Children and Youth Affairs if special procedures are in place for children residing in special care units whose first language is not English; and if she will make a statement on the matter. [14821/16]

Amharc ar fhreagra

Freagraí scríofa

Special care is intended as a short term secure care placement in a therapeutic environment with the intention of returning the child to a community or family based setting as soon as possible. Special care is used to address the risk of harm that may be caused to a child's life, health, safety, development or welfare by their behaviour. Children are admitted to Special Care following a successful application to the Child and Family Agency's Special Care Admissions Committee and then to the High Court for a Special Care Order, in line with the provisions of the Child Care Act 1991, as amended.

The criteria for admission to a special care unit are the age of the child, the concerns and risk assessment of the child, and a risk management plan. The age range for admission is 11 to 17 years. The concern and risk assessment must show evidence of the risk of harm that is posed by the child's behaviour. The risk management plan must show that the admission to special care will benefit the child and is being sought as other interventions or alternate placements are not able to meet the specific needs of the child. Documentation to support and provide evidence for the application are also considered and includes a special care application form, views of the child and the parents/guardians, the history leading to the application, the child's social history and details of previous placements. The current capacity of the three special care units is 17 places and as of the end of March 2016, 15 children were in special care placements.

The National Standards for Special Care Units ensures that the rights and diversity of children residing in Special Care units are respected and promoted. This includes the rights as prescribed in the United Nations Convention on the Rights of the Child. Therefore procedures are put in place for all children whose first language is not English, not only in Special Care Units, but within all care placements nationally. To facilitate communication between social workers and children and their families, interpretive services are arranged as required by social workers within care and placement planning and social care staff in Special Care Units.

Community Childcare Subvention Programme

Ceisteanna (35)

Kathleen Funchion

Ceist:

35. Deputy Kathleen Funchion asked the Minister for Children and Youth Affairs the strategy in place to extend the community childcare subvention programme to those who are most in need of it; her plans to expand the numbers who can avail of the scheme; and if she will make a statement on the matter. [14843/16]

Amharc ar fhreagra

Freagraí scríofa

The Community Childcare Subvention (CCS) Programme was designed to support disadvantaged parents, parents in low-paid employment and parents in training or education by enabling those who qualify to avail of reduced childcare costs at participating community or not-for-profit childcare services.

Due to economic constraints, Budget 2012 closed the CCS Programme to new applications from community/not-for-profit childcare services wishing to enter the CCS Programme and to the expansion of services by existing CCS providers. Using savings from 2015, my Department was able to announce additional CCS places in late 2015. Under Budget 2016, my Department lifted the previous restrictions as part of a major package of strategic investment in affordable, quality and accessible childcare. This allowed existing Community Services to provide for more families eligible for CCS, and it allowed Community Services who had not been able to provide CCS to offer this programme for the first time. The Budget 2016 package included a further €16m investment in the expansion of the CCS Programme in a targeted manner, providing support for 8,000 additional places at current usage patterns. These new childcare places will be available through community/not-for-profit childcare providers and, for the first time, through private childcare providers.

In recognition of the significant barriers childcare presents to parents wanting to take up employment, education or training, and the complexities of working through the different childcare programmes funded by my Department, the Budget 2016 package also funded the establishment of a dedicated Project Team to develop a Single Affordable Childcare Programme to provide for a more streamlined eligibility criteria that will assist families to avail of good quality childcare at a cost they can afford. Work on the Affordable Childcare Programme has begun and it is expected to be in place by the end of 2017. This single programme will replace the existing CCS, along with the Training and Employment Childcare programmes, comprising the After-School Childcare, Childcare Education and Training Support, and Community Employment Childcare. It will provide a new simplified subsidy programme, available through both community/not-for-profit and private childcare providers. The programme will also provide a robust platform for future investment through which a number of commitments in the Programme for Government can be delivered, while ensuring that childcare is more affordable for those who are most in need.

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