Simon Harris (Wicklow, Fine Gael)
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Question 777: To ask the Minister for Children and Youth Affairs the mechanism by which care plans are drawn up by the Health Service Executive for young persons residing here under section 5 of the Child Care Act; the nature of these plans; if these plans are considered to be binding; and if she will make a statement on the matter. [40994/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 5 of the Child Care Act, 1991 (as amended) provides that the Health Service Executive (HSE) shall take all reasonable steps to provide suitable accommodation for a child who is homeless. There is no statutory requirement for a care plan as the child is not taken into care under the Child Care Act, 1991. The HSE recently undertook a review of services provided to homeless children across the regions, which included information from practitioners on the use of Section 5 of the Child Care Act, 1991. The review found that practice varied across the regions. However, Section 5 is rarely used as children generally have other needs in addition to accommodation. Where it is used, there is usually a key worker involved with the child, who identifies their additional needs and prepares a placement plan. The HSE National Office is to develop a standardised operational policy on the use of Section 5 and my Department will review the policy with the HSE before it is finalised.