Noel Ahern (Dublin North West, Fianna Fail)
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Question 126: To ask the Minister for Health and Children her views on the campaign of an organisation (details supplied) to include a legal entitlement to aftercare in the Child Care Amendment Bill 2009; if consideration has been given to this request; if any response or statement has been made in response; and if she will make a statement on the matter. [19804/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I am currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Child Care Act 1991. I met recently with Focus Ireland in this regard and had a constructive exchange of views and discussion on these matters.

I have received legal advice which confirms that the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. The legal advice is that the Act creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise the power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options.

The Report of the Commission to Inquire into Child Abuse, 2009 Implementation Plan states that 'The provision of aftercare by the HSE should form an integral part of care delivery for children who have been in the care of the state. It should not be seen as a discretionary service or as a once-off event that occurs on a young person's 18th birthday.'

The Report makes the following recommendations in relation to aftercare:

The HSE will ensure the provision of aftercare services for children leaving care in all instances where the professional judgement of the allocated social worker determines it is required;

The HSE will, with their consent, conduct a longitudinal study to follow young people who leave care for 10 years, to map their transition to adulthood;

The HSE and the Department of the Environment, Heritage and Local Government will review the approach to prioritising identified 'at risk' young people leaving care and requiring local authority housing;

The HSE will ensure care plans include aftercare planning for all young people of 16 years and older;

The HSE will ensure that aftercare planning identifies key workers in other health services to which a young person is referred, for example, disability and mental health services;

The OMCYA, in conjunction with the HSE, will consider how best to provide necessary once-off supports for care leavers to gain practical lifelong skills.

In line with the Government commitment as reflected in the Ryan Implementation Plan funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010.