Written answers

Tuesday, 25 March 2014

Department of Children and Youth Affairs

Children in Care

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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944. To ask the Minister for Children and Youth Affairs further to Parliamentary Question No.146 of 4 December 2013 if the report referred to in the reply is now to hand. [13229/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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In accordance with the Children Missing From Care - A Joint Protocol between An Garda Síochána and the Health Service Executive Children and Family Services a child is defined as missing where they are 'absent without permission, his/her whereabouts are not known, he/she has passed his/her Curfew Testing Limit and/or Carers have knowledge that gives them cause to be concerned for the child's immediate safety.'

The Child and Family Agency has informed my Department that it does not maintain a register for the number of children who go missing and are subsequently found and re-entered into the care system. The Agency does however maintain a national record of the number of children who go missing from care and who are not recovered. From this record, I have been advised of the following:

- In 2012 there were three children who went missing from care and have not been relocated; one child was 16, one was almost 18 and the third child is now an adult.

- In 2013 there were two children who went missing from care and who have not been relocated, they were both 17 years old at the time they went missing.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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945. To ask the Minister for Children and Youth Affairs to set out the number of applications for admission to special care considered by the national special care admission and discharge committee in the years 2012, 2013 and to date in 2014; the number of such applications approved and rejected in those years; and the number of times the NSCADC met on an emergency basis to consider an application for the admission of a child to special care. [13233/14]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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946. To ask the Minister for Children and Youth Affairs to detail the number of appeals considered by the national special care appeals panel in the years 2012, 2013 and to date in 2014; and the number of such applications approved and rejected in those years. [13234/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 945 and 946 together.

Special Care involves the detention of a child for his or her own welfare and protection in a Special Care Unit with on site educational and therapeutic supports. A Special Care Unit provides secure residential services to children and young people who are in need of specialised targeted intervention. Children are detained in special care if their behaviour is deemed to pose a risk to themselves. The detention, by order of the High Court of a child in a Special Care Unit is considered as a last resort, for as short a time as possible, and when other forms of residential or community care are considered to be unsuitable.

When a decision has been made to make an application for Special Care, the Social Worker submits an application with supporting documentation to the National Special Care Admission and Discharge Committee. The application will contain up-to-date information, the circumstances surrounding the real and substantive risk to the child and details of the discharge plan with the proposed onward placement of the child. The Committee will examine the application against the Criteria for Admission to Special Care and Guidance Applying for a Placement in Special Care (2012).

I am advised by the Child and Family Agency that there were 14 applications for admission to Special Care to date in 2014. Eight of these were approved, one did not meet the criteria for admission and there are five applications under consideration. The Committee has had five emergency meetings to date in 2014. There have been no appeals considered by the Appeals Panel so far this year.

In 2013 there were 104 applications for admission to Special Care. Thirty two of these were approved, 45 did not meet the criteria for admission and a further 27 applications were withdrawn. There were 33 emergency meetings of the Committee in 2013. Twenty two appeals, 10 of which were upheld were considered by the Appeals Panel in 2013.

In 2012 there were 65 applications for admission to Special Care. Thirty seven of these were approved, 19 did not meet the criteria for admission and a further 9 applications were withdrawn. There were 25 emergency meetings of the Committee in 2012. Five appeals, 3 of which were upheld were considered by the Appeals Panel in 2012.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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947. To ask the Minister for Children and Youth Affairs when she will sign a commencement order to enact the remaining provisions of the Child Care (Amendment) Act 2011. [13235/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, a number of sections, mainly in Part 2 and Part 3, of the Child Care (Amendment) Act 2011 remain to be commenced.

A substantial element of the non-commenced sections relate to provisions for special care. Given the legislative framework utilised to manage the interaction between the Child Care Act 1991 and the Health Act 2007, in relation to special care provisions, Regulations under the Health Act 2007 are required in advance of the commencement of these various sections.

Work is at an advanced stage in my Department in drafting the required Regulations for Special Care Units. I would hope to have the Regulations finalised in the near future, and shortly thereafter to draft a commencement order for the relevant sections of the 2011 Act.

Other sections of the Act that are not yet in force are being kept under review as to their commencement in association with relevant policy and service developments.

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