Dáil Éireann Debate, Wednesday - 3 November 2021
132. Deputy Mattie McGrath asked the Minister for Children, Equality, Disability, Integration and Youth the reason Tusla does not collate data on new-born babies under two weeks old who have been taken into State care; if he will introduce mandatory measures for the collation of this data; and his views on the removal of new-borns from their birthmothers, even when they are being breastfed. [53465/21]
Amharc ar fhreagraI wish to inform the Deputy that the collation of data is a matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy. I would like to mention however, that officials from my Department and Tusla have regular engagements regarding the service performance and activity data that is regularly published by Tusla and, when required, there are processes in place for the Department to request new performance indicators.
Under 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, 17 or 18 of the Child Care Act if the child or children are considered to be at immediate and serious risk.
Section 17 Orders are Interim Care Orders, and it is possible that an application for such an order would be made in the case of a newborn especially if a pre-birth case conference has taken place and the court judged that the child will be at serious risk if they do not come into care. Breastfeeding is very important for babies, however the risks to the child must be weighed against mitigating factors and a decision made in the best interests of the child.
