Kevin Humphreys (Dublin South East, Labour)
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Question 816: To ask the Minister for Children and Youth Affairs the number of convicted sex offenders under the age of 18 housed by the Health Service Executive with vulnerable children and minors, if she will clarify if the HSE keeps a record of the information, and her views on whether it should; and if she will make a statement on the matter. [27121/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Under the Child Care Act, 1991 the Health Service Executive (HSE) has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. If a child is in need of care and protection and is unlikely to receive it at home, the HSE has a duty to ensure they receive appropriate care. In such circumstances children can be taken into care on a voluntary basis (on agreement with the parents) or under various Court Orders as provided for under the Child Care Act, 1991.

The HSE has a legal obligation and a duty of care to all children in care regardless of whether they have a criminal conviction, or are engaged in sexually harmful behaviour. Each child must be cared for in a safe and caring environment. When a child is coming into care they are allocated a social worker who undertakes a full assessment of need and on this basis a statutory care plan is developed. This assessment will call on a full range of professionals, where required, to set out a comprehensive statement of the child's needs. A risk assessment is also carried out that takes into consideration the risk to others. A care plan is then developed which includes safeguards that need to be put in place to ensure that the risks are kept to minimum. The care plan also determines the support and interventions needed with regard to the family situation where it is planned that a child will return home. The care plan directs the placement most appropriate to the needs of the child.

I am advised by the HSE that there were 6,168 children in the care of the state in February 2012. However data collected at national does not currently include information on the number of children in care with criminal convictions. I have previously asked the HSE to examine inclusion of appropriate national data on criminal charges or convictions in the National Child Care Information System.

Young people who have committed offences, or have caused harm, need to be given an opportunity to understand the consequences of their behaviour in as positive an environment as possible. This is achieved through therapeutic interventions, ongoing assessment of risk and the inclusion of safeguards. On the rare occasion where a child in care my commit a crime the matter is deal with by local services in the context of the child or young person's care plan.