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Gnáthamharc

Tuesday, 7 Mar 2017

Written Answers Nos. 819 - 832

Child Protection

Ceisteanna (819)

Mick Barry

Ceist:

819. Deputy Mick Barry asked the Minister for Children and Youth Affairs if her Department in co-operation with the Department of Education and Skills institutes procedures and training for the mandatory reporting of child protection concerns by home tutors; and if she will make a statement on the matter. [11187/17]

Amharc ar fhreagra

Freagraí scríofa

Since the Children First Act 2015 was signed into law on 19 November 2015, a number of provisions of the Act have already been commenced as follows: Sections 1 to 5 (Part I) and section 28 (Part V) of the Act were commenced on 10 December 2015 and Section 18 (Part III) and Sections 20-26 (Part IV) were commenced on 1 May 2016. I have recently committed to commencement of the remaining provisions of the Act by end 2017.

Responsibility for preparations for the implementation of the Children First Act 2015 rests with individual Departments and sectors. To assist in the preparations for the commencement of the remaining provisions of the Act, my Department and Tusla are in the process of developing a suite of resources to support the full implementation of the Act. This includes the revision by my Department of the Children First: National Guidance for the Protection and Welfare of Children and the preparation by Tusla of guidance documents in relation to child safeguarding statements and mandated assisting. In addition, Tusla is developing a comprehensive Children First e-training module which will be universally available free of charge and will set out the information required to recognise and report child welfare and protection concerns. It is intended that this suite of resources will be launched prior to the commencement date to give persons and organisations who will acquire legal obligations under the Act sufficient time to familiarise themselves with the resources.

Any additional training needs identified by Departments/sectors must be met by the Department/sector in question which, in the case of home tutors, is the Department of Education and Skills.

I note that the Deputy specifically inquired as to the position in relation to "procedures and training" for home tutors. Unless the home tutor in question is a teacher who is registered with the Teaching Council, they are not designated mandated reporters under Schedule 2 of the Children Act 2015 and do not therefore attract the legislative obligations attaching to designated mandated reporters under the Act.

Commercial Rates Impact

Ceisteanna (820)

Tony McLoughlin

Ceist:

820. Deputy Tony McLoughlin asked the Minister for Children and Youth Affairs her views on whether new Government supports for financially challenged private creches nationwide should be considered in order to reduce the financial burden many are currently undergoing due to the requirement to pay commercial rates to councils; if her attention has been drawn to this issue; if she will consider leading this approach at Government; and if she will make a statement on the matter. [11254/17]

Amharc ar fhreagra

Freagraí scríofa

I am very much aware of the issue of commercial rates and the impact it is having on early years services.

It is my understanding that the valuation/rating code as it applies to early childhood care and education facilities was last altered following the commencement of the Valuation (Amendment) Act 2015 in June 2015.

In summary;

1. Group 1 type facilities referred to in the correspondence are exempt by way of Paragraph 22 Schedule 4 Valuation Acts 2001- 2015 which provides for the exemption of a building used exclusively for the provision of early childhood care and education and occupied by a body which is not established and the affairs of which are not conducted for the purpose of making a private profit i.e. a not for profit organisation.

2. Group 2 type facilities are exempt under Paragraph 10 Schedule 4 Valuation Acts 2001- 2015 on the basis that the facility is used exclusively for the provision of educational services (ECCE) only.

3. Group 3 type facilities are essentially businesses established for the purpose of making a private profit and are therefore rateable.

There are also a number of early childhood care and education facilities which are exempt under Paragraph 16 Schedule 4 Valuation Acts 2001- 2015 on the basis that the facility is occupied by a charitable organisation and used exclusively by that body for charitable purposes.

Officials from my Department have contacted the Department of Public Expenditure and Reform with a view to arranging a meeting with them to discuss the issue of commercial rates for early years services.

Pupil Data Collection

Ceisteanna (821)

Imelda Munster

Ceist:

821. Deputy Imelda Munster asked the Minister for Children and Youth Affairs the number of post primary suspensions listed by name of individual school in County Louth for the school year 2013/2014 (details supplied). [11293/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is contained in the following table.

2013/2014 Post Primary

Roll Number

School Name

Number of Suspensions

71750U

Bush Post Primary School

4

63891T

De La Salle College

19

63870L

Drogheda Grammar School

14

63920A

Dundalk Grammar School

27

71770D

Ó Fiaich College

8

63850F

Our Lady’s College

12

63860I

Sacred Heart Secondary School

9

71780G

Scoil Uí Mhuirí

42

63840C

St. Joseph’s CBS

81

63910U

St. Louis Secondary School

34

63890R

St. Mary’s College

68

63841E

St. Mary’s Diocesan School

24

71761C

St. Oliver’s Community College

74

63900R

St. Vincent’s Secondary School

7

63880O

Coláiste Rís

26

Child and Family Agency Staff

Ceisteanna (822)

Anne Rabbitte

Ceist:

822. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the total number of persons employed by Tusla; and the numerical breakdown of these staff, according to region and job title. [11297/17]

Amharc ar fhreagra

Freagraí scríofa

The Child and Family Agency (Tusla) has advised that at the end of January, 2017 there were 3,616.02 whole-time equivalent staff directly employed. The numerical breakdown of staff by region and category is set down in tabular format :

Tusla Census by Staff Category January 2017

WTE

Social Work

1467.45

Social Care

1114.99

Psychologists and Counsellors

23.4

Other Support Staff inc Catering

63.04

Other Health Professionals

9.76

Nursing

49.91

Management VIII+

106.97

Family Support

165.72

Education Welfare Officers

86.84

Admin Grades

527.94

Grand Total

3616.02

Tusla Census by Region

January 2017

WTE

CFA - Child Resident Serv

763.75

CFA - Corporate

442.89

CFA - Dublin Mid Leinster

623.26

CFA - Dublin North East

574.21

CFA - South

592.94

CFA - West

618.97

Grand Total

3616.02

Guardians Ad Litem

Ceisteanna (823)

Anne Rabbitte

Ceist:

823. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her attention has been drawn to the fact that certain guardians ad litem have been paid over €100,000 each for their services; her views on whether this is an appropriate expenditure; and if she will make a statement on the matter. [11298/17]

Amharc ar fhreagra

Freagraí scríofa

Section 26 of the 1991 Child Care Act provides for the appointment of a guardian ad litem in respect of care proceedings where a child is not a party to those proceedings and where the court is satisfied that it is necessary in the best interests of the child and in the interests of justice to have a guardian ad litem appointed.

Section 26 of the 1991 Act also obliges the Child and Family Agency (CFA) to pay costs (fees, travel and legal representation) incurred by a guardian ad litem in the performance of his/her functions. The CFA has no powers under the 1991 Act to query any invoices for costs that are submitted by Guardians ad litem. My Department is kept informed of the expenditure details on a monthly basis.

My Department has developed proposals for the extensive reform of guardian ad litem arrangements, as it has been recognised that the current governance arrangements for the guardian ad litem service are not adequate. These proposals are focussed on establishing a nationally organised, managed and delivered guardian ad litem service by way of public procurement. The new national service will be responsible for providing guardians ad litem to the courts, supporting the professional practice and development of guardians ad litem and monitoring their performance. The national service will also be responsible for making legal advice available to guardians ad litem through an in-house legal facility and arranging legal representation for a guardian ad litem where it is deemed by a service provider to be required.

The role and function of a guardian ad litem in child care proceedings will be to inform the court of the child’s views and to advise the court of what, in the guardian ad litem’s professional opinion, is in the best interests of the child, and there will be a presumption in favour of the appointment of a guardian ad litem in all child care proceedings; where the court decides not to appoint a guardian ad litem, the court will be required to give the reasoning behind its decision.

Government approved the publication of the draft General Scheme and Heads of Bill at its meeting on 17th January 2017 and for its referral to the Oireachtas Joint Committee on Children & Youth Affairs for pre-legislative scrutiny.

The proposed legislative reforms will address the current fragmented arrangements and focus on achieving a consistent, high quality service that best meets the needs of vulnerable children and young people. It is intended that the reforms will result in the appropriate use of guardians ad litem in proceedings on a basis that is financially sustainable.

Public Relations Contracts Expenditure

Ceisteanna (824)

John Brady

Ceist:

824. Deputy John Brady asked the Minister for Children and Youth Affairs the amount her Department spent on public relations consultants and all matters relating to public relations in 2016; and if she will make a statement on the matter. [11424/17]

Amharc ar fhreagra

Freagraí scríofa

My Department had no spending on public relations consultants or on any matters relating to public relations in 2016.

Community Services Programme

Ceisteanna (825)

Eoin Ó Broin

Ceist:

825. Deputy Eoin Ó Broin asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 602 of 25 October 2016, if the decision to discontinue the community mothers' scheme in Clondalkin was taken by her Department or by the local Tusla managers; the rationale for this decision; the number of these schemes that were discontinued; and if any replacement is to be provided to new mothers in Clondalkin. [11440/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested information from Tusla, the Child and Family Agency. I will forward the reply to the Deputy once I have been furnished with this information.

The following deferred reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 11440 tabled by the Deputy for answer on 7 March, 2017 in relation to the Community Mothers Programme. I apologise for the delay in responding.

As previously stated in my last response to you, the Community Mothers Programme is an early intervention programme strongly linked to the Health Service Executive (HSE) Public Health Nursing service. The Community Mothers Programme was founded in 1988 and was co-ordinated, managed and funded by the HSE and its predecessors. On the establishment of Tusla in January 2014, the funding for the expenses of volunteer Community Mothers, along with the salary of the Director of the Community Mothers Programme, transferred to Tusla. The Director of the Community Mothers Programme retired in May 2015 and was not replaced. The Family Development Nurses, however, continue to be employed and line managed by the HSE.

The number of programmes has decreased over the years from being operational in 10 areas of the former Eastern Region to two programmes in 2017. The HSE prior to 2014 did not invest and sustain the programme in the other areas.

The two Community Mothers Programmes In operation In the Dublin Region at present are based in Dublin North East and Dublin South East! Wicklow. Each of these programmes is run by a Family Development Nurse employed by the HSE. A volunteer team of Community Mothers support the Family Development Nurses. In addition to managing their own caseloads, the Family Development Nurses supervise the Community Mothers’ workloads. Tusla does not have any line management responsibility for the Family Development Nurses who report to the Directors of Public Health Nursing in their respective HSE regions.

I have been informed that the Family Development Nurse responsible for the Community Mothers Programme in Clondalkin has retired, and as a result the programme is not delivered in the Clondalkin area. The HSE has not filled the vacant post following the retirement of the Family Development Nurse.

A comprehensive review of the Community Mothers Programme and related programmes is due to take place in the coming months. This will be carried out by the Katharine Howard Foundation. While I cannot comment on any possible results from the review before it has been completed, I am confident that all aspects of the programme will be considered before recommendations are made regarding the future of the programme, including any alternatives that may be appropriate in the Clondalkin area and elsewhere.

The strategic review will identify all areas where the programme and any similar schemes are in operation. While it has not yet commenced, it is scheduled to begin in the near future and representatives from both the HSE and Tusla have been selected to aid the reviewers in their work.

I trust that this information is of assistance.

Cyberbullying Issues

Ceisteanna (826)

Fiona O'Loughlin

Ceist:

826. Deputy Fiona O'Loughlin asked the Minister for Children and Youth Affairs the systems that are being rolled out to combat the dramatic increase in cyber bullying, as outlined by the ISPCC to the Oireachtas Committee on Children and Youth Affairs; and if she will make a statement on the matter. [11486/17]

Amharc ar fhreagra

Freagraí scríofa

In its appearance before the Joint Committee on Children and Youth Affairs on 22 February 2017, the ISPCC outlined and discussed with the Committee a number of concerns about online habits and how young people interact with each other using modern technologies. Cyber bullying was one such concern, but discussions also took place around issues such as excessive time spent online, sexting, “sextortion” and blackmail, access to inappropriate content and cyber identity. These are all complex issues, exacerbated by the rate at which technological developments continue to happen.

A number of very valid concerns were also raised around grooming and the dangers inherent in engaging with strangers online. Combatting online child grooming is a matter for my colleague the Minister for Justice and Equality, and is addressed as part of a wide-ranging package of measures aimed at the reform of Ireland’s criminal law on sexual offences, set out in the Criminal Law (Sexual Offences) Bill currently progressing through the Houses of the Oireachtas.

Education emerged in the discussions as a fundamental issue for parents and young people, with parental guidance, supervision, and the setting of boundaries considered critical to ensuring children’s safety online. The saferinternetireland.ie website has a range of resources aimed at parents and their children, including a recent ‘Family e-Safety Kit’ activity pack aimed at six to twelve-year-olds. The ISPCC itself has developed guidelines and supports for parents.

The Office for Internet Safety, an executive office of the Department of Justice and Equality, was established by the Government to take a lead responsibility for internet safety in Ireland, particularly as it relates to children. That Office has previously published guidance related to cyber bullying and filtering technologies for parents. As part of its work it holds an annual Safer Internet Day, whose theme this year was ‘Be the change: Unite for a better internet’. It also supports the ‘Hotline.ie’ service. In addition to Hotline.ie, there are a number of other websites, such as Childline and webwise, that have the capacity to facilitate anyone to report suspicious behaviour encountered online.

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. The ‘Web Safety in Youth Work’ resource, available on the National Youth Council’s website, provides valuable advice to young people on reporting online behaviour and on passing on concerns about the protection and welfare of a child or young person.

In seeking to address the problem of bullying we must tackle the root causes of bullying. This includes a focus on tackling prejudice, including homophobia, where it exists in our schools and wider society. The implementation of the Action Plan on Bullying, which is being led by the Department of Education and Skills, provides the framework for the Government’s absolute commitment to working with a broad base of interests to protect children from bullying and the often devastating consequences that it can have.

Child Abuse

Ceisteanna (827)

Mattie McGrath

Ceist:

827. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs the number of reports of abuse of children across each category of abuse received in each of the past three years to date; and if she will make a statement on the matter. [11513/17]

Amharc ar fhreagra

Freagraí scríofa

The most recent figures disaggregated by abuse category published by Tusla in its Review of Adequacy Report are for the years 2013 and 2014, and are as shown in the following table.

Abuse category

2013

2014

Total

19,407

18,676

Physical

4,330

4,066

Emotional

5,271

6,233

Sexual

3,385

3,114

Neglect

6,421

5,263

I understand that the 2015 Review of Adequacy is currently in preparation. I have been advised that the end of year 2015 total number of referrals was 43,596 of which 18,235 related to abuse referrals. I will refer the disaggregated figures to the Deputy as soon as I receive them.

Foster Care

Ceisteanna (828)

John McGuinness

Ceist:

828. Deputy John McGuinness asked the Minister for Children and Youth Affairs if Tusla will put in place a universally agreed allegations procedure for use by families that foster children; the reason such a procedure has not been agreed with the stakeholders; the reason their demands have been ignored; and if she will make a statement on the matter. [11528/17]

Amharc ar fhreagra

Freagraí scríofa

The information sought by the Deputy has been requested from the Child and Family Agency and I will respond directly to the Deputy when the information is received.

The following deferred reply was received under Standing Order 42A:

Since my holding reply to Parliamentary Question (11528/17) of 7 March 2017, I have received the following information from Tusla, the Child and Family Agency.

I have been informed by Tusla that it adheres to the Children First National Guidance on the Protection and Welfare of Children, 2011 in responding to all allegations of child protection and welfare concerns. Since its approval in Sept 2014 a national policy was implemented ‘Policy & Procedures for Responding to Allegations of Child Abuse & Neglect’ to ensure a standardised approach in responding to and assessing all child protection and welfare concerns relating to children regardless of their care status.

Over the last two years following much feedback from social work teams, foster carers and the Irish Association of Foster Carers, Tusla has recognised that this policy required review, to acknowledge the role of foster care, and has committed to the development of a National Guidance for Responding to Child Protection and Welfare Concerns in Foster Care. This new policy and procedure document is expected to be complete in Quarter 2, 2017.

Tusla is unable to comment on the issue of ‘demands being ignored” as it is unaware of which stakeholder this refers to but would welcome engagement with this person/agency in respect of such matters.

I trust that this information is helpful.

Construction Industry

Ceisteanna (829)

Joan Burton

Ceist:

829. Deputy Joan Burton asked the Minister for Children and Youth Affairs the level of construction inflation that has been experienced by her Department in each of the past six years and to date in 2017 in respect of construction projects and other capital projects; the way in which she monitors construction inflation and the mechanisms she employs to establish this; and if she will make a statement on the matter. [11531/17]

Amharc ar fhreagra

Freagraí scríofa

The single largest construction project under the direct management of my Department in recent years is in respect of the Oberstown Children Detention Campus. The capital development project which commenced on site at Oberstown in 2013 was a fixed price project and, as such, the issue of construction inflation did not arise.

Information regarding any construction inflation in Tusla capital projects, is not readily available in my Department. I have therefore referred your question to Tusla who will respond directly to you.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Human Rights

Ceisteanna (830)

Paul Murphy

Ceist:

830. Deputy Paul Murphy asked the Minister for Children and Youth Affairs if, with regard to the case of a person (details supplied), the State is in a position to offer an apology on the basis of the subsequent chain of events; if she will provide further information regarding the circumstances of the person's transferral to Northern Ireland; if consent was sought from the person's parent for such a transfer; and if she will make a statement on the matter. [11805/17]

Amharc ar fhreagra

Freagraí scríofa

In order to facilitate enquiries into the matter raised in the question, I request that the Deputy would provide more information to my Department.

Community Childcare Subvention Programme

Ceisteanna (831)

Jan O'Sullivan

Ceist:

831. Deputy Jan O'Sullivan asked the Minister for Children and Youth Affairs if consideration has been given to the concerns raised by the community child care sector that the proposed new affordable child care scheme will reduce the support for school-going children of parents that are unemployed; if there is consideration of this in the drafting of the Bill; and if she will make a statement on the matter. [11931/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that consideration has been given to how the new Affordable Childcare Scheme will benefit the children of parents that are unemployed.

The benefits of moving to an income-basis for eligibility under the new scheme include:

- Clarity, with a move away from a complex array of eligibility criteria to a single, clear basis.

- Reduction of welfare traps and increased support for progression into employment and retention in employment.

- Equity, in ensuring that low-income working families are not excluded from benefitting from subsidised childcare.

The base income threshold guarantees that the maximum rate of subsidy is available to all families below the relative income poverty line, while ensuring that the taper rate between the base and maximum thresholds does not generate strong disincentive effects with regard to taking up or increasing employment. It also ensures that the majority of current scheme beneficiaries will receive the maximum subsidy rate under the new scheme.

While the new scheme will target subsidies predominately based on income, it was considered whether other criteria such as a work/training requirement should also apply, i.e. whether the family needs childcare because both parents, or, one parent in the case of a one-parent family, are working or in training.

Incorporating a work/training test into the eligibility criteria ties the scheme more clearly to its labour market participation objective. The labour market objective also has implications in terms of hours of availability, given parents’ need for childcare availability to match hours of work.

Given that both a child development objective and a labour market objective are relevant to this scheme, it was determined that there should be a balanced approach to eligibility: while people would qualify for a subsidy based purely on income, parents’ participation in work/training would determine whether that eligibility is for a subsidy towards enhanced hours of childcare (up to 40 hours per week) or towards standard hours childcare (up to 15 hours per week)

When parents are not in work or training, childcare will be subsidised on a standard hours basis (except in cases where sponsors support a childcare subsidy for families with high levels of need). This approach will mean that this scheme is open – albeit for standard hours rather than enhanced hours – to parents who stay at home to care for their children, and are not taking part in work or training, but who choose to avail of up to 15 hours of childcare per week. In the case of school going children it is considered that the child development objectives are met through school going hours and, as such, the 15 standard hours childcare applies to non-term time.

Under the existing CCS programme, to be replaced by this new scheme, beneficiaries qualify for full-time childcare subsidies even if they are not in work or training. As such, existing affected beneficiaries will enjoy a “saver” status, whereby they will retain their existing benefits for one year following the introduction of the new scheme. However, thereafter they, and any similar new entrants to the scheme, who are not in employment, will qualify for the standard hours only.

Community Services Programme

Ceisteanna (832)

Róisín Shortall

Ceist:

832. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs the areas in which the community mothers programme is still in operation; the number of staff allocated to this programme; and her plans for the restoration of this programme in view of its effectiveness in the past. [11979/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested information from Tusla, the Child and Family Agency. I will forward the reply to the Deputy once I have been furnished with this information.

The following deferred reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 11979 tabled by the Deputy for answer on 7 March, 2017 In relation to the Community Mothers Scheme. I apologise for the delay in responding.

The Community Mothers Programme is an early intervention Programme strongly linked to the Health Service Executive (HSE) Public Health Nursing service. The Community Mothers Programme was founded in 1988 and was coordinated, managed and funded by the HSE and its predecessors. On the establishment of Tusla In January 2014, the funding for the expenses of volunteer Community Mothers, as well as the salary of the Director of the Community Mothers Programme, transferred to Tusla. The Director of the Community Mothers Programme retired in May 2015 and was not replaced. The Family Development Nurses, however, continue to be employed and line managed by the HSE.

The number of Community Mothers Programmes has decreased over the years from being operational In 10 areas of the former Eastern Region to two programmes in 2017. The two Community Mothers Programmes in operation in the Dublin Region at present are based in Dublin North East and Dublin South East Wicklow. Each of these programmes is run by a Family Development Nurse employed by the HSE. A volunteer team of Community Mothers support the Family Development Nurses. In addition to managing their own caseloads, the Family Development Nurses supervise the Community Mothers workloads. Tusla does not have any line management responsibility for the Family Development Nurses who report to the Directors of Public Health Nursing in their respective HSE regions.

A comprehensive review of the Community Mothers Programme and related programmes is due to take place in the coming months. This will be carried out by the Katharine Howard Foundation. While I cannot comment on any possible results from the review before it has been completed, I am confident that all aspects of the programme will be considered before recommendations are made regarding the future of the programme, including any alternatives that may be appropriate.

The strategic review will identify all areas where the programme and any similar schemes are In operation. It Is scheduled to begin in the near future and representatives from both the HSE and Tusla have been selected to aid the reviewers in their work.

I trust that this information is of assistance,

Barr
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