Billy Timmins (Wicklow, Fine Gael)
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Question 251: To ask the Minister for Health and Children the position regarding a matter (details supplied); and if she will make a statement on the matter. [37230/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Aftercare is recognised as key element to achieving positive outcomes for young people leaving care, aiming 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. In relation to calls from agencies 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 has been suggested.

In order to ensure that there was no doubt about the matter and to emphasise the importance of aftercare services, in accordance with Section 45(4) of the Child Care Act, I wrote to the HSE in June clarifying the issue and directing the HSE to formulate and implement aftercare policies.

In accordance with the findings of the Report of the Commission to Inquire into Child Abuse, 2009 the Government prepared an Implementation Plan in July 2009 and funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010. The HSE are in the process of recruiting ten additional Aftercare workers effective from 1st November, 2010 and have provided funding to the Irish Association of Young People in Care (IAYPIC) to develop a national advocacy and support service for young people in care, leaving care and aftercare.

My Office has developed proposals to ensure the implementation of Recommendation No. 16 of the Implementation Plan and a National Aftercare Policy is currently being developed to be made widely available to the relevant care staff, service providers and will be made available on the Office of the Minister for Children and Youth Affairs website.