Wednesday, 17 Jan 2018

Written Answers Nos. 194-199

Child Protection

Ceisteanna (194)

Anne Rabbitte

Ceist:

194. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her attention has been drawn to the parallel reporting obligations in respect of child protection concerns that have been created by the mandatory reporting provisions of the Children First Act 2015 and the existing provisions of the Withholding of Information Act 2012; and if a mandated reporter could be open to potential prosecution should they fail to report their child protection concerns to both Tusla and An Garda Síochána. [2158/18]

Freagraí scríofa

Minister for Children and Youth Affairs

The Children First Act 2015 places a statutory obligations on persons, who have been identified by virtue of their training, qualifications and experience, to makes reports of concerns of harm, above a defined threshold, to Tusla, The Child and Family Agency.

There are no criminal sanctions in the Children First Act in relation to the failure to make a mandated report. However, a mandated person who does not meet their statutory obligations could be subject to administrative sanctions.  For example, if following an inquiry, it transpires that a mandated reporter has failed to make a mandated report, it is open to Tusla to report that mandated person to their employer or the Fitness to Practice committee of their professional regulatory body, or to pass that information on to the National Vetting Bureau. 

The Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Act 2012, makes provision for the reporting of relevant information to the Gardaí, and it also contains criminal sanctions in relation to the withholding of information from the Gardaí. 

The provisions of the Withholding Act are in addition to any reporting requirements under the Children First Act.

Child and Family Agency Policy

Ceisteanna (195)

Anne Rabbitte

Ceist:

195. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the status of Tusla’s draft policy concerning adult disclosures of abuse entitled policy and procedures for responding to allegations of child abuse and neglect September 2014 in view of the Office of the Children's Ombudsman's request for the publication of this document. [2159/18]

Freagraí scríofa

Minister for Children and Youth Affairs

I am informed that the “Policy and Procedures for Responding to Allegations of Child Abuse and Neglect”, dated September 2014, is the current policy and that all Tusla staff had been advised of same. I understand that a review of the policy is ongoing, which includes consideration of how to support staff with additional guidance.

I have sought an update from Tusla with regard to the publication of this document.

Child and Family Agency Policy

Ceisteanna (196)

Anne Rabbitte

Ceist:

196. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her Department and Tusla plan to use the publication of the policy and procedures for responding to allegations of child abuse and neglect as an opportunity to proactively implement principles of the EU Directive on the Rights of Victims (details supplied). [2160/18]

Freagraí scríofa

Minister for Children and Youth Affairs

The EU Directive referred to by the Deputy was transposed into national law by the Criminal Justice (Victims of Crime) Act 2017, and falls under the remit of my colleague, the Minister for Justice and Equality.

The assessment of allegations of abuse is a very complex area and Tusla is required to take full account of natural justice, the constitutional rights of the accused and national law to balance the competing rights of those involved. Tusla has a statutory obligation under section 3 of the Child Care Act, 1991 to promote the welfare of children who are not receiving adequate care and protection [section (3) (1)], and in doing so, they are required to regard the welfare of the child as the first and paramount consideration [section (3) (2) (b) (i)].   

It is in this context, that the “Policy and Procedures for Responding to Allegations of Child Abuse and Neglect” was developed by Tusla, to set out the procedures for staff to follow when responding to allegations of child abuse and neglect.

I am informed that the “Policy and Procedures for Responding to Allegations of Child Abuse and Neglect”, dated September 2014, is the current policy and that all Tusla staff had been advised of same. I understand that a review of the policy is ongoing, which includes consideration of how to support staff with additional guidance.

On foot of this Parliamentary Question, I will request that Tusla, in the context of the aforementioned review, take cognisance of the principles of this EU Directive as expressed in Irish law, if it has not already done so.

HIQA Investigations

Ceisteanna (197)

Anne Rabbitte

Ceist:

197. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the status of the investigation by HIQA into the management of allegations of child sexual abuse against adults of concern, by Tusla, directed by her Department; and when a report is expected. [2161/18]

Freagraí scríofa

Minister for Children and Youth Affairs

I am advised by HIQA that the investigation referred to by the Deputy is underway, and proceeding as scheduled. It is envisaged that the investigation will be completed by the end of Quarter 2 of this year.

It is expected that the findings of the investigation will be published by HIQA in due course.

Adoption Legislation

Ceisteanna (198)

Paul Murphy

Ceist:

198. Deputy Paul Murphy asked the Minister for Children and Youth Affairs her plans to fully enact the Adoption (Amendment) Act 2017; and if she will make a statement on the matter. [2185/18]

Freagraí scríofa

Minister for Children and Youth Affairs

The Adoption (Amendment) Act 2017, other than Section 24(1)(a) was commenced on 19 October 2017. Section 24(1)(a) which will come in to operation on 1 February 2018,  provides that before making an application for a child to be adopted because of parental failure, Tusla – the Child and Family Agency must be satisfied that every reasonable effort has been made to support the parents of the child in question.

Child and Family Agency Funding

Ceisteanna (199)

Eoin Ó Broin

Ceist:

199. Deputy Eoin Ó Broin asked the Minister for Children and Youth Affairs if her attention has been drawn to the funding difficulties being faced by a centre (details supplied) and the difficulties the centre faces in 2018 operating on its budget; and if she will request Tusla to re-examine the funding allocation for the centre for 2018 and 2019 with a view to increasing the funding level to a more appropriate sum at the top end of the allocation scale for example above €130,000 per annum. [2278/18]

Freagraí scríofa

Minister for Children and Youth Affairs

There are over 100 Family Resource Centres currently in receipt of funding from Tusla, the Child and Family Agency.  Tusla provides funding to the centres under an annual Service Level Agreement. This funding is provided by way of a contribution towards the running costs of the centres. The 2017 Tusla allocation to Family Resource Centres was €13.512m. 

In 2015, the centre referred to by the Deputy received funding from Tusla of over €83,000, which was increased by some €3,000 in 2016. At the end of 2016, the Centre also received a once-off payment to offset financial difficulties, and a once-off grant of €30,000 for the upgrade of equipment and infrastructure.

Tusla provided core funding of over €86,000 to the centre in 2017. In addition to this, the centre in question received €8,000 for counselling and play therapy services, over €18,000 in once-off funding for small works, and €20,000 in exceptional once-off additional funding. In total, Tusla provided over €132,000 in funding to the centre referred to by the Deputy in 2017.

Tusla fully appreciates the role that Family Resource Centres play in offering early intervention support to families in difficulty. Tusla staff have met with representatives of the centre in question in recent weeks regarding their concerns.

In 2018, Family Resource Centres are being asked to work with their local Tusla office to identify services needed in their community and up to €10,000 will be available to each Family Resource Centre, subject to approval of their proposal. Tusla will continue to work with Family Resource Centres throughout the country, and will discuss service needs and funding resources with centres, where appropriate.