Tom Sheahan (Kerry South, Fine Gael)
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I congratulate the Ceann Comhairle and Leas-Cheann Comhairle on their appointment. I thank the Ceann Comhairle for allowing me to raise this issue, which is dear to my heart.

In 2005 a young woman died tragically, leaving two young children, aged six months and 18 months at the time. To compound this tragedy, her husband suffered a severe stroke six weeks later, was incapacitated and could not look after his children. The children's aunt, who is from south Kerry, took in the children the day after the man had the stroke, which was in September 2005. Following many efforts to secure a foster care grant from the State to look after the two children, they have not received a cent from the State almost two years on.

The foster care allowance is paid in respect of children who are placed in foster care or relative care under the Child Care (Placement of Children in Foster Care) Regulations 1995 or the Child Care (Placement of Children with Relatives) Regulations 1995. The issue of relative care was dealt with in detail in the 2001 report of the working group entitled, Foster Care — A Child Centred Partnership, a title I will bear in mind. The report sets out a number of basic principles that should guide placements with relatives. These are as follows: that the best interests of the child are paramount; that the child should be placed only in an appropriate, safe, healthy and stable environment; that the standard of care must be equivalent to that provided in a traditional foster care arrangement; that the relative placements should only be made where a secure attachment exists or has the potential to develop between the child and the relative concerned; and that a partnership approach should be used to develop skills and support for relatives providing foster care.

I can vouch for these people under each of these headings. The problem, however, is that they have received no foster care or help from the State. The woman who has taken in these children should have received a medal as well as monetary assistance for providing all the care set out under the principles for placements with relatives. The best interests of the children are being cared for and the children are placed in "an appropriate, safe, healthy and stable environment". These people are precluded from receiving the foster care allowance because under the Child Care Act 1991 the children in respect of whom the allowances are paid must be in the care of the Health Service Executive on either a voluntary basis or by court order.

This lady took these children in the day after their father had a severe stroke, which was little more than six weeks after their mother died. Their father was incapacitated and could not look after them. I cannot understand why this woman has not been helped in giving these children love, attention and support. She has given them a ready made family. She has since had a child of her own and the children are in a secure environment but because they were not taken into the care of the HSE they are precluded from the foster care grant. I urge the Minister of State to do all in his power to help these two children who are in a safe, healthy environment.

Pat Carey (Dublin North West, Fianna Fail)
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I add my congratulations to those of Deputy Sheahan on Deputy Howlin's appointment as Leas-Cheann Comhairle. It was remiss of me not to do so earlier. I also congratulate Deputy Sheahan on his election to the Dáil and I wish him well here.

I am replying to this Adjournment matter on behalf of the Minister for Health and Children, Deputy Harney. Deputy Sheahan will appreciate that it would not be appropriate for me to comment in detail on an individual case. I will, however, outline the current legislation and policy which underpin the foster care system.

The Health Service Executive is required under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. Where a child requires care or protection that he or she is unlikely to receive unless he or she is taken into care, the HSE must take the child into its care and provide the most appropriate form of alternative care for that child.

The foster care allowance can only be paid in respect of children who are taken into the care of the HSE under the provisions of the Child Care Act 1991 and placed in foster care or relative care in accordance with the Child Care Regulations 1995. In 1998 the then Minister of State in the Department of Health and Children set up a working group on foster care. The task of the working group was to make recommendations on all aspects of foster care. The issue of relative care was dealt with in detail in the 2001 report of the working group entitled Foster Care — A Child Centred Partnership. The report sets out a number of basic principles that should guide placements with relatives. These are as follows: the best interests of the child are paramount; the child should be placed only in an appropriate, safe, healthy and stable environment; the standard of care must be equivalent to that provided in a traditional foster care arrangement; relative placements should only be made where a secure attachment exists or has the potential to develop between the child and the relative concerned; a partnership approach should be used in developing skills and supports for relatives providing foster care; and placements should not be made as a means to provide income support.

While it is not relevant to the case raised by the Deputy, the working group considered the possibility that some children are placed in the care of the HSE in order to provide income support for the family in respect of the child. The group was strongly of the view that such a practice would be highly inappropriate. Income support is a matter for the Department of Social and Family Affairs and people in need of such support should contact that Department.

The working group stated that children should be brought into the care of the HSE if they meet the criteria regarding the need for care and protection set out in the Child Care Act. In addition, the choice of placement of any child in the care system should be based on the particular child's individual best interests.

Under the legislation, the HSE must assess the needs of a child placed in care and the suitability of the prospective foster or relative carers, and draw up a child care plan. The implementation of the child care plan places significant responsibilities and duties on foster carers, whether relatives or non-relatives. The foster care allowance is paid in recognition of these additional responsibilities and the additional costs of looking after foster children.

I understand from the HSE that in this case the children in question are not in the statutory care of the executive and as such the foster care allowance is not payable. The family concerned may, however, wish to apply for a guardian's payment in respect of the children. The payment of this allowance is a matter for the Department of Social and Family Affairs.

These payments are made directly by the Department of Social and Family Affairs, normally to the child's guardian, and are intended to provide income maintenance in respect of children satisfying certain qualifying criteria. The circumstances in which these payments are made and the level of payment are determined by that Department.