Sandra McLellan (Cork East, Sinn Fein)
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25. To ask the Minister for Children and Youth Affairs if Tusla, the Child and Family Agency, is responsible for the care of children with intellectual disabilities; and if he will make a statement on the matter. [19794/15]

James Reilly (Dublin North, Fine Gael)
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I should inform the Deputy at the outset that responsibility for disability services rests with the Minister for Health. Tusla's statutory duty is to promote the welfare of children who are not receiving adequate care and protection. There are many reasons for children coming into Tusla's care including abuse and neglect but disability alone, whether intellectual or physical, is not one.

Of course, as children in care are a heterogeneous group, some will have a disability. I am advised by the Agency that approximately 8% of children in care have been diagnosed by a clinical specialist as having a moderate or severe disability. These children also avail of disability services operated by the HSE. In some cases, this includes residential care provided by Disability Services.

It is Tusla’s responsibility to respond to any concern or report of abuse or risk of abuse to any child, irrespective of a disability or whether they are at home, already in care or living in a HSE residential centre provided by Disability Services. In such circumstances, Tusla will assess the child's situation. Any decision Tusla take to apply for a care order with respect to a child with a moderate or severe disability is taken at a multidisciplinary case conference where the views of professionals who have long established knowledge of the child and family are heard.

Placement is based on assessed need. A child with a disability may be placed with a Tusla foster care family or residential unit and receive disability services. Where a child is already attending a disability service it may be in the child's best interests to be placed in the disability service's residential care to allow for continuation of relationships, care planning and to avoid a disruption in placement when the child reaches the age of 18 and is discharged from care.

Tusla and the HSE have a joint protocol for inter-agency collaboration which underpins service provision for children whose needs span health and child protection.