Simon Harris (Wicklow, Fine Gael)
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Question 768: To ask the Minister for Children and Youth Affairs the nature of the duty of care, as outlined in section 45 of the Child Care Act, owed by the State to non-nationals in full-time third level education who have reached 18 years, having been resident here under the aforementioned Act; and if she will make a statement on the matter. [40996/11]

Simon Harris (Wicklow, Fine Gael)
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Question 776: To ask the Minister for Children and Youth Affairs if she liaises with the Department of Justice and Equality in relation to non-national children currently residing here under the Child Care Act, who will fall under the auspices of the Refugee Act on reaching 18 years; and if she will make a statement on the matter. [40993/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 768 and 776 together.

The immediate and ongoing needs of separated children seeking asylum (SCSA) as well as their application for refugee status are the responsibility of the Health Service Executive (HSE) in accordance with the Refugee Act, 1996 (as amended) and the Child Care Act, 1991. Where children are identified by An Garda Síochána, at the point of entry, the circumstances are investigated and if there are any concerns about the welfare of the child, they are placed into the care of the HSE.

On reaching 18 years of age, they are referred by the HSE to the Reception and Integration Agency (RIA) for transfer to adult accommodation and service provision in the direct provision system. However, the HSE is committed to ensuring continuity of care for all young people who are undertaking their leaving certificate and therefore interprets "18th birthday" as the end of a school year/leaving certificate year following their 18th birthday. Any change of placement would only be in exceptional circumstances and in the young person's best interests.

The HSE and the RIA have an agreed policy in relation to the accommodation of separated children seeking asylum who reach the age of 18 years and there is regular liaison between the two agencies. There is also ongoing liaison between my department and the HSE on a wide range of issues.