I wish to advise the Deputy that statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency.
Tusla is not automatically involved in cases before the family courts which may direct interim living arrangements. Where a private family law matter is settled in court, Tusla does not have a mandate to intervene. Tusla does have a duty to intervene where they have been notified that a child is being abused or there is suspected abuse. Where an order is made in the family courts that involves Tusla and the care of the child is entrusted to the state, Tusla has a role to provide and monitor the care of the child.
Children who are subject to temporary court orders, such as Interim Care Orders, under the Child Care Act 1991 are accommodated in a variety of settings. Most children are placed in foster care and Interim Care Orders can continue for some time whilst awaiting conclusion of the court process.
Children in interim placements arising from these processes are cared for in the same way as all children in care and are subject to the same review process as set out in the Child Care Placement of Children in Foster Care Regulations 1995 and the Child Care Placement of Children in Residential Care Regulations 1995.
Under these regulations, care of these children is reviewed within the first six weeks of the placement, and every 6 months for the first two years and annually thereafter. When a child’s placement changes, the cycle of reviews will start again. Care of children on Interim Care Orders are also under review in the courts as directed.
Children in voluntary care are also subject to the same foster care and residential care regulations. The Tusla National Model of Practice which promotes safety planning for each child with the support of the parents and their network, is also essential in providing a structure in the support and creation of safety for these children.
This model of practice promotes families caring for their own children where possible, with the support of their network and community.
