As this is of an operational nature, I have asked Tusla to request figures from the local areas that may be of assistance and to reply to the Deputy directly. I would note that Tusla was set up in January 2014, and prior to this the services were provided by the Health Service Executive.
Tusla, the Child and Family Agency has a clear protocol for managing concerns or allegations about foster carers which is procedure which is the ‘Interim Protocol for managing concerns and allegations of abuse or neglect against Foster Carers and Section 36 (relative) Foster Carers’. This guidance is in place nationally. A revised national procedure and guidance is expected to be available this year.
The guidance is underpinned by the Child Care Act 1991, as amended, the foster care regulations, Children First guidance and the National Standards for Foster Care. All foster carers are mandated reporters under Children First Act 2015.
When an allegation of abuse is made, immediate action is taken to protect any child or children who may be at immediate risk. All steps taken are informed by the best interests and safety of the children involved. Under Children First, all referrals involving child sexual abuse are referred by Tusla to An Garda Síochána.
Sexual abuse allegations are the most serious form of concerns that are raised against foster carers. An allegation regarding a child in foster care is investigated by the Child Protection Social Work Team. The link social worker for the foster carers does not investigate the allegation however a notification is made to An Garda Síochána, as it would be for any referral where abuse is suspected or confirmed.
Sexual abuse is often a secretive act, and sometimes even those closest to the child won’t know until the child feels they can disclose what is happening. Each case is unique and all the facts must be looked at to make sure that the child is safe from harm or abuse.
It is often necessary to consider if a child should be moved from the foster home in order to keep them safe. However, In some cases the person who is in or who has access to the foster home and who may be posing the risk to the child can be removed. It may, then, be assessed that the child could remain in the foster home if an effective safety plan can be put in place and there are no other reasons for the child to be moved from the home. The child involved is interviewed and this is included as part of the assessment. This is done sensitively by trained social workers, who moderate their approach according to the child’s ability to discuss the events. The commitment and ability of the foster carers to protect the child is also assessed. A key element of a good safety plan is regular monitoring. If a safety plan is not appropriate given the circumstances, an immediate action to remove the child to an alternate placement will take place.
