Finian McGrath (Dublin North Central, Independent)
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Question 291: To ask the Minister for Health and Children her views on the principles in this amendment (details attached) to the Child Care Amendment Bill [36206/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Aftercare is a key element to achieving positive outcomes for young people leaving care. Aftercare services have been developed in Ireland to assist young people in care in bridging the transition from care to independent adult life in the community.

Aftercare is provided for under Section 45 of the Child Care Act, 1991, which states: "45.—(1) ( a ) Where a child leaves the care of a health board, the board may , in accordance with subsection (2), assist him for so long as the board is satisfied as to his need for assistance and, subject to paragraph (b), he has not attained the age of 21 years. ( b ) Where a health board is assisting a person in accordance with subsection (2)(b), and that person attains the age of 21 years, the board may continue to provide such assistance until the completion of the course of education in which he is engaged.

Consideration has been given to the legal position with regard to the provisions of aftercare services, having regard to the existing legislative provisions of the Childcare Act 1991. Calls have been made to place Aftercare on a statutory footing, i.e. to amend Section 45 of the Child Care Act, 1991 from a "may" to a "shall". 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. There is therefore no need to amend the Act as suggested.

Section 45(4) of the Child Care Act allows the Minister to inform the HSE and instruct it in this or in any other regard. In order to ensure that there was no doubt about the matter, and to emphasise the importance of aftercare services, I wrote to the HSE in June clarifying the issue and directing the HSE to formulate and implement aftercare policies.

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.