Sandra McLellan (Cork East, Sinn Fein)
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Question 8: To ask the Minister for Children and Youth Affairs her plans to address the particular needs of children who are faced with the prospect of leaving care while attempting to study for Leaving Certificate exams; the specific supports she will put in place for them; and if she will make a statement on the matter. [40365/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view on to each person leaving care as to whether there is a need for assistance and, if it forms such a view, to provide services in accordance with the legislation and subject to resources. All young people who have had a care history with the HSE, be it foster care, residential care, high support care or special care are entitled to an after care service based on their assessed needs.

Where a young person turns 18 years of age, it is policy within the HSE for him or her to remain in his or her placement and receive full support to complete his or her leaving certificate examination. In the case of separated children seeking asylum, on reaching 18 years of age these young people transfer to adult services operated on behalf of the Department of Justice and Equality.

Recently a small number of cases have been brought to my attention where consideration was being given to the transfer of a young person from residential placements with a private provider to alternative accommodation. The young person involved is in a leaving certificate year and I am concerned that this important consideration needs to be addressed.

In particular, relocation some distance away would necessitate a change in school and this would clearly conflict with supporting the young person with his or her exam preparations. I have discussed the matter with the national director of the HSE and have asked him to review the cases with a view to providing continuity in education for the young person in preparation for the leaving certificate.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Minister has asked the question but has she got a response? Can we have certainty that her request will be acted upon? She is right in that preparation for leaving certificate examinations is a huge challenge in the life of a young person at a very difficult time in the life of any young adult.

Those in care also have the added worry of reaching their 18th birthday in the course of their preparation for the leaving certificate and not knowing what the future will hold. This is in the context of after care and the entitlement to it. We have spoken about the phrase "is subject to resources" and have tried to have it taken out of the current vernacular because it can be a cop-out.

The Minister has demonstrated her awareness that these are real cases. I am also aware of this. It is very important that we recognise this group of young people will repeat present as the leaving certificate and other such challenges in life come about. We need to have a holistic approach in place, one that is truly caring and all-encompassing. I support the Minister's request. I would like to have some certainty as to what action and performance we can now expect.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As I have made absolutely clear, I am deeply concerned when I hear that it has been decided to move young people from their current placements. The level of disruption that would cause would clearly be detrimental to them at a particularly challenging and crucial time in their life. I have contacted the HSE and asked that the decision be reviewed and that the young people concerned have continuity of care when they are doing the leaving certificate. The HSE is to revert to me very shortly. I have outlined my concerns in great detail to it and expect the decision to be reversed in order that the young people concerned can continue to remain in their current placements.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I respect the intent of the Minister. When she uses the phrase "asked it to review" I always become concerned because it offers escape clauses. I have no doubt she will be forceful in conveying her wishes which are just as strong as mine. I hope it is understood on the receiving end that this is what is expected, end of story. It cannot apply only at this time for this particular cohort of young people in this situation. It must be part and parcel of the HSE's realisation of its duty of care and responsibility into the future.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The policy is clear. When a young person reaches the age of 18 it has been policy and practice for him or her to remain in his or her placement if he or she is in a leaving certificate year. The vast majority of those doing leaving certificate examinations are aged 18 because of the slightly later school starting age. I have made it absolutely clear I am concerned about the decisions taken. They should be reversed and I believe they will be. Best practice is that young people stay in their current placements until they complete the leaving certificate.

Simon Harris (Wicklow, Fine Gael)
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I very much welcome the tabling of the question by Deputy McLellan. The transition from childhood to adulthood is not as crude as any one calendar date. I ask the Minister to examine the issue of children who turn 18 years of age while completing third level education and the trauma that can be inflicted on them when they have to move a significant distance.

The Minister should examine how the Child Care Act interacts with the Refugee Act. A number of people who came to the country as minors have completed their leaving certificate in supportive lodgings but at 18 years of age are put in hostel accommodation and are unable to complete third level education. There is no economic saving to the State.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I take the point the Deputy is making. We have a much better understanding of the after care needs of our young people who have been in care. It is important they are addressed and a proper assessment is done in each case. Financial resources come in to play as young people get older, as well as whether the service can sustain the kind of support suggested by the Deputy. I take the point that we need to have the most supportive services available to young people who have been in care because we know they are a very vulnerable group.

As I said, there is a particular issue in regard to separated children seeking asylum. They transfer to the adult services operated by the Department of Justice and Equality. That can be very disruptive to those young people, whether they are in a secondary school or third level education. Perhaps it is an issue that Deputy could take up with the Minister for Justice and Equality and he and I could examine it.