Bernard Durkan (Kildare North, Fine Gael)
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409. To ask the Minister for Children and Youth Affairs if clearly defined demarcation lines exist between her Department and the Department of Health with respect to responsibility to address the welfare and well-being of children, their placement into care in the event of such necessity; and if she will make a statement on the matter. [48301/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The primary legislation governing child care policy, and in particular the placement of children in care, is the . Under this Act the has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. My Department has responsibility for the Child Care Act, 1991, as amended.

The Department of Children and Youth Affairs is also responsible for Family Support Services and the National Education Welfare Board. Family Support Services for children and families aim to promote and protect the health and wellbeing of children and families, including those at risk of abuse or neglect. Services are provided directly by the HSE under this Act, or on its behalf. The National Educational Welfare Board (NEWB), which operates under the auspices of my Department, has a statutory remit to ensure that ‘each child attends a recognised school or otherwise receives a certain minimum education ’. In particular, the NEWB has a key role to respond to instances where children are not attending school regularly, or where there is concern about a child’s educational welfare.

The new Child and Family Agency, upon establishment, will assume full statutory responsibility for a range of child and family services currently provided by these three separate agencies under these acts; namely the HSE, the Family Support Agency and the National Educational Welfare Board.

The suite of primary legislation governing the HSE regarding the wellbeing of children more generally includes the Health Act 2004 and other Acts relating to mental health and disabilities. These matters are the responsibility of my colleague the Minister for Health.

Bernard Durkan (Kildare North, Fine Gael)
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410. To ask the Minister for Children and Youth Affairs the extent to which the Health Service Executive reports to her Department in cases where children are deemed to be at risk and in need of placement in care; the extent of the resources available to her in such circumstances; and if she will make a statement on the matter. [48302/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Statutory responsibility for the welfare and protection of vulnerable children in Ireland is vested in the Health Service Executive (HSE) and Social Workers are persons employed and designated by the HSE to implement its powers in this regard. The principles underlying this responsibility are outlined in Child Care Act, 1991, as amended. My Department's role is oversight of effective use of resources vis-a-vis statutory responsibilities.

The HSE publishes a range of reports on performance indicators on a monthly, quarterly and annual basis. Among these indicators is information relating to referral and assessment processes. The HSE also provides an annual Review of Adequacy Report under Section 8 of the Child Care Act 1991. The Annual Service planning process also provides an opportunity to set out service priorities in the context of available resources. In addition, information is provided to me by the HSE on specific issues as required or to inform me of policy or legislative issues arising in the services.

The commitment to establish a new Child and Family Support Agency is at the heart of the Government's reform of child and family services. The new Agency will assume responsibility for Children and Family Services, currently provided by the HSE, and the Family Support Agency. It will have a workforce of approximately 4,000 staff, and a combined existing budget of over €590 million. The Agency will be headed by Gordon Jeyes, as the Chief Executive designate, who will be supported by a senior management team. The Child and Family Agency Bill sets out detailed processes to support planning and reporting by the new Agency.