Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I thank the Deputy. It is great that he raised this question and I welcome the opportunity to clarify the 40 year gap guideline on the public record, so we can clarify matters in the minds of the public.

The age of a foster carer or relative foster carer is never the sole reason for deciding on the suitability of a placement for a child in State care. The 40 year age difference between a foster carer and foster child is a guideline, not a policy or rule, and does not determine a decision regarding suitability. The guidance for foster care committees outlines a range of areas to be taken into account by social workers when carrying out assessments of prospective carers to meet the immediate and long-term needs of a child in care. The social worker's focus is on the rights of the child to be placed in the best possible placement for them. The guidelines take into account research which supports stable and suitable placements for children.

For example, where possible and in their interests, the guidelines suggest that children are placed with relatives and foster carers from the same ethnic or cultural background and that foster carers are in good physical and mental health. It is also recommended that placements are made with carers who are open to ongoing engagement with social workers and the child's family. That is the first really important point I want to make.

I have raised this matter with Tusla, the Child and Family Agency, and can confirm that there is currently a review of the overall criteria used by foster care committees in decision making. The review is taking into account the differing needs of children coming into care and ensuring it supports the best placements being made available to children who need them.

I completely agree that older foster carers and relative foster carers, who may be grandparents, uncles and aunts, all play an important role in our care system. It is really important for me to say that. As well as caregivers, they can be mentors, historians and vital links between the child in care and their wider family and friends. It is evident that grandparents and other relatives play a vital role in the lives of many children in care. Tusla has reported that 28% of carers are relative carers. There are numerous cases of children in care placed with their grandparents.

This is not simply a desk exercise, as some commentators have said. The assessment of foster carers, including relative carers, involves a lengthy period of interviews and home visits, including checking references and Garda vetting. In light of all these factors, the age of the carer alone is clearly not a determining issue but it would be a clear oversight on the part of social workers if this was not considered in context. I do not consider it necessary to direct Tusla on this operational guidance.

It is obvious that every decision made by the foster care committee will not be welcomed by all. It is regrettable that there can be hurt. I am not necessarily referring to age issues here. At all times, the focus is and must be on the long-term benefit for the child. It can be a very difficult decision to make. This can seem to some to be a very high standard to expect of a foster carer. It is and it should be. Most children in care have been there for more than one year and over one third will have been in care for more than five years. By and large, there is good placement stability and for some time now, over 90% of children in care are in a family foster placement in the community.

A professional judgement must be made. Most children in care are there following a court order under the Child Care Act 1991. Each case must be treated on its merits. The professional assessment can be tested in the courts when making an application for a care order. In light of these considerations, I cannot in good conscience direct Tusla to omit or ignore anything needed to inform the long-term care of the child.

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