Dáil Éireann Debate, Tuesday - 29 January 2019
517. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs if Tusla has a written policy on the use of section 13 of the Child Care Act 1991 (details supplied) regarding a newborn infant; and if she will make a statement on the matter. [3955/19]
Amharc ar fhreagraUnder Section 3 of the Child Care Act 1991, Tusla has a statutory function to promote the welfare of children who are not receiving adequate care and protection. This applies to all children, regardless of their age.
When a referral about a child welfare or protection concern is made, Tusla social workers must assess the circumstances of the child or children involved. Appropriate action to ensure the safety and protection of that child or children must be taken. These actions can include applying to the District Court for an order under Section 13 of the Child Care Act if the child or children are considered to be at immediate and serious risk. Practitioners can refer to the Child Welfare and Protection Practice Handbook for guidance on the appropriate use of Section 13 in child welfare and protection proceedings.
All referrals of child protection and welfare are subject to a standard business process, which ensures that referrals are screened for eligibility for a service and subjected to a preliminary enquiry, to establish whether it is necessary to complete an initial assessment. Initial assessments are carried out using the national approach to practice, Signs of Safety. The emphasis at all times is on Tusla working together with the child and family to plan for the child’s safety. At any stage during this process, if a child or children is considered to be at immediate and serious risk, Tusla can apply to the District Court for an order under Section 13 of the Child Care Act to ensure the safety of that child.
