Willie O'Dea (Limerick City, Fianna Fail)
Link to this: Individually | In context

Question 35: To ask the Minister for Children and Youth Affairs the steps she will take to tackle homelessness for children leaving care at 18 years of age. [19837/11]

Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context

Question 63: To ask the Minister for Children and Youth Affairs the date on which she will introduce legislation to give children a statutory right to after-care on leaving the care system; and if she will make a statement on the matter. [19883/11]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context

Question 64: To ask the Minister for Children and Youth Affairs her plans to work jointly with the Department of Health and the Department of the Environment, Community and Local Government to ensure co-ordination between local authorities and the Health Service Executive in tackling youth homelessness; the position regarding any work she has done to date on same; and if she will make a statement on the matter. [19902/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context

I propose to take Question Nos. 35, 63 and 64 together.

A National Strategy for Youth Homelessness was developed in 2001. A review of progress in 2008 by the HSE in conjunction with other agencies found that significant progress had been made, especially in inter-agency cooperation, early prevention and an 'out of hours' service. A standardised system is in place whereby Gardaí can access an appropriate place of safety for children found to be at risk out of hours under Section 12 of the Child Care Act, 1991. The service is designed to ensure that children presenting as 'at risk' outside of normal working hours are provided with an appropriate emergency place of safety, thereby reducing or eliminating social admissions of children in an acute hospital setting. In addition, a pilot out-of-hours social work service is being tested in two locations as provided for in the Implementation Plan published following the Report of the Commission to Inquire into Child Abuse.

It is acknowledged that there remain serious information deficits with regard to the number of children accessing services. Work is underway to improve the quality of information on the number of young people under 18 years who are homeless, and to establish what areas of the service are working well and where further improvements are needed. Youth Homelessness has been identified as a priority for 2011 and my Department recently met with service providers and the Department of the Environment, Community and Local Government to assess and review the current demand for services, the progress made to date under the Strategy and the need to address any outstanding service deficits. This work will continue over the next few months.

It is well recognised that young people leaving care, particularly those from residential care, are vulnerable to homelessness and the provision of an appropriate aftercare service is a vital element in seeking to achieve positive outcomes for young people leaving care. Our legal advice is that further legislation is not required to give children a statutory right to aftercare, as the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. 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.

In recognition of its statutory responsibilities, the HSE National After Care Service is underpinned by a National Policy and Procedures Document and is being rolled out nationally under the watch of the HSE's Aftercare Implementation Group. This policy was developed in cooperation with the key stakeholders including the voluntary sector agencies and my Department and it sets out the rationale for the service, the principles upon which it is based and the key elements of the service. It commits to promoting and achieving the best outcomes for young people leaving care and in ensuring consistency of support to these young people.

The HSE policy recognises that Section 45 of the Childcare Act 1991 places a statutory duty on the HSE to form a view in relation 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 section and its resources. The policy states that all young people who have had a care history with the HSE - be it foster care, residential care or high support - are entitled to an Aftercare Service based on their assessed needs.

Aftercare Services provided within the HSE to young people who are preparing to leave or who have left the care of the H.S.E. will be developed in consultation with the young person, his/her family, carer, child and family social worker, link worker, and other statutory, community and voluntary agencies. The core eligible age range for aftercare is 18 years and up to 21 years which can extend until the completion of a course of education in which he/she is engaged up to the age of 23 years.