Niall Collins (Limerick County, Fianna Fail)

I am responding on behalf of the Minister for Children, Disability and Equality. I thank the Deputy for raising this important issue. Tusla, the Child and Family Agency, and the Department of Children, Disability and Equality are committed to promoting safe and high-quality practices in areas of alternative care. The Child Care Act 1991 is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. It sets the legislative provisions in respect of taking children into care and the responsibilities of the State in that regard, which aim to improve outcomes for looked-after children.

Bringing a child into the care of the State is a serious matter and the Act prescribes the different mechanisms by which Tusla can take a child into care. Importantly, the Act sets out clear thresholds under which an application for a care order can be brought to allow for a child to be taken into the care of the State. Where Tusla is required to make an application for a care order, this application is made to the courts, which provides an additional layer of oversight in respect of the child. The welfare and best interests of the child remain paramount throughout the process. Parents are legally represented in such matters and children may be appointed a guardian ad litem to represent the voice of the child in the court setting. In respect of the role of birth parents who may come into contact with Tusla in respect of a child protection matter, Tusla aims to work with parents to create safety for children so they can live at home.

Tusla interventions aim to be decisive, time-limited and goal-orientated to maintain children within their families of origin. Tusla works to reach agreement with the parents and their extended family about a safety goal for that child and to develop a safety plan containing steps to achieve safety for the child that is revisited at intervals over a prescribed timeline to evaluate whether the safety plan is working. This is called a "safety planning intervention". Parental assessments are carried out in every case where a child comes into care as Tusla must prove the threshold of harm was sufficient for the court to make a care order. Parents who feel aggrieved by their interactions with Tusla, including those related to the decision-making process around State care, have access to formal complaints processes. In respect of complaint management across all services, Tusla strives to resolve all complaints via prompt local resolution, in the first instance, and to proceed with an investigation if a local resolution is not possible.

In the case of Patrick, which the Deputy has raised, I am obviously not aware of the details. The Deputy, of course, is aware of the details and has referred to some of them. All I can do now is advise and encourage him to write to the Minister for justice, Deputy O'Callaghan, and the Minister for children, Deputy Foley, outlining the details and knowledge of the extent of the case he has raised. I am sure they will have the matter examined appropriately.

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