Arthur Spring (Kerry North-West Limerick, Labour)
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167. To ask the Minister for Children and Youth Affairs if he will provide an update on the after-care Bill 2014 in respect of the further entitlement of young persons to State care when leaving residential State care. [9659/15]

James Reilly (Dublin North, Fine Gael)
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Young people leaving the care of the State at 18 years of age are entitled to an aftercare service. Aftercare is the term used to describe the planning and support put in place to meet the needs of such young people to assist them in making the transition to independent living. It is essential that all young people leaving care are provided with the type of transitional support that their individual situation requires. Aftercare is available to all those eligible irrespective of previous care placement, for example, foster care or residential care.

The Child Care Act 1991 provides that the core eligible age range for aftercare is from 18 years up to 21 years. This can be extended until the completion of a course of education and training in which a young person who has left care, or is leaving care, is engaged, up to the age of 23 years.

Section 45 of the Child Care Act 1991 provides that the Child and Family Agency may assist a child leaving its care if it is satisfied that the person has a “need for assistance”. The provisions have been interpreted and applied on the basis that young people who have had a care history with the Agency are entitled to an assessment of need, from which an aftercare plan may be prepared and an aftercare service may be offered (based on the assessed needs).

Current aftercare provision incorporates advice, guidance and practical (including accommodation and financial) support. Advocating on behalf of young people to support their development as fulfilled adults in their community and, when necessary, to link them to targeted adult services, are also crucial elements of an aftercare service.

Between 450 and 500 young people leave care annually upon turning 18. According to the Child and Family Agency, at the end of September, 2014 there were 1,698 young people aged 18 to 23 years (inclusive) in receipt of an aftercare service. Of those, 946 (56 %) were in full-time education.

As the Deputy is aware, it has been decided to strengthen the legislative provisions regarding aftercare. This is in response to concerns that there was insufficient focus in this area and that such planning was not taking place on a properly structured and consistent basis. The approach adopted is to impose a statutory duty on the Child and Family Agency to prepare an aftercare plan for an eligible child or eligible young person. The aim is to create an explicit, as opposed to implicit, statement of the Agency’s duty to satisfy itself as to the child’s or young person’s need for assistance by preparing a plan that identifies those needs for aftercare supports.

It is anticipated that the Aftercare Bill will be published in the early part of 2015.