Clare Daly (Dublin North, United Left)
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157. To ask the Minister for Children and Youth Affairs his views on care orders; and the steps that are open to parents, when they are dissatisfied with the manner in which Tusla, the Child and Family Agency, has conducted matters. [7706/15]

James Reilly (Dublin North, Fine Gael)
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The Child Care Act 1991, as amended, sets out the different types of care order that can be sought, including an emergency, interim, full or special care order. The Act outlines the procedures and the conditions under which a Court may grant a care order, including the relevant period for review by the Court. While the Child and Family Agency has a duty to receive a child who requires care or protection into its care under the Child Care Act 1991, it does not have the power to impose a care order. A care order, in the case of emergency, interim or full care orders, can only be issued by a member of the judiciary sitting in the District Court, which may be part of a special sitting as the Children Court, as indicated in the Act. In the case of special care orders, an application must be made to the High Court. Decisions on the variation or discharge of a care order are also a matter for the relevant Court and lie outside the powers of the Agency. If a person is unhappy with a care order itself then an appeal can be lodged with the Courts, which, normally, in the case of an order from the District Court is to be lodged within 14 days of the order being made. Under the Child Care Act 1991, as amended, it is possible for a child to be placed with the Agency in care on a voluntary basis but this is not a care order and can be rescinded by the parent or guardian at any time.

If there is dissatisfaction on the outcome of a case or any other aspect of the service provided by the Agency then this may be referred to the Agency’s complaints service, under its complaints policy ‘Your Service Your Say’. The Agency's website outlines a number of routes by which a complaint can be made and includes comprehensive guide on feedback and complaints, including contact information for a number of advocacy groups (www.tusla.ie).

There is also the option of referring the complaint to the Ombudsman for Children, who can look into how complaints with a child protection concern may have been handled. The Ombudsman can instigate investigations on its own volition. Complaints can be made directly by anyone under the age of 18, or by an adult on behalf of a child or young person. If the concern is in relation to professional misconduct or poor performance of a social worker, a complaint can be made to CORU, Ireland's health and social care regulator using their complaints procedure, 'Fitness to Practice'.