Clare Daly (Dublin North, United Left)
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26. To ask the Minister for Children and Youth Affairs his views on whether he is satisfied with the operation of Tusla - Child and Family Agency in fulfilling its statutory duties under the Child Care Act 1991 in cases where children are taken into care, with particular reference to re-uniting them with their parents; and if he will make a statement on the matter. [27315/15]

James Reilly (Dublin North, Fine Gael)
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Under the Child Care Act 1991,has a statutory duty to promote the welfare of children who are not receiving adequate care and protection.If a child is in need of care and protection and is unlikely to receive it at home, then Tusla has a duty to ensure they receive appropriate care. This may involve providing a social work service up to and including receiving a child into care. A child may be received into care under a voluntary basis or by order of the Courts. The development of the statutory care plan will set out what is in the best interests of the child. When the desired outcome is for the reunification of the child with its parents or guardians, work will take place to try to achieve this aim. This can only happen if it is safe to do so.

The statutory framework also includes regulations, which cover different aspects of the overall service including fostering and residential care. The regulations set out the minimum requirements in delivering these services. In relation to children in care, the regulations set out requirements for the allocation of social workers, completion and review of care plans and the frequency of visits by social workers to the child in their placement. In addition to the regulatory framework, there is a strong and independent inspection regime under the remit of the Health Information and Quality Authority. Tusla publishes performance statistics, including the number of children in care with an allocated social worker and a care plan on a regular basis on its website. My Department engages with Tusla regularly on its performance and budget to ensure that it is meeting its overall objectives.

Intrinsic to the policies and procedures for children in care is that access and contact is facilitated between the child, parents/guardians and siblings, unless there is a substantive reason not to do so or it would cause a child undue distress. It is interesting to note that over recent years there is a significant number of children coming into care for less than a year. According to Tusla figures, 1,151 children spent less than one year in State care in 2012. Also, children in care are a minority of the total number of open cases being managed by Tusla. This indicates that coming to the attention of Tusla does not automatically require entering into care and that when a child does have to be taken into care there is a good chance of being in care for less than a year. It can also be noted that Ireland has a high rate of children in care placed in a family setting, with 93% of children in general or relative foster care at the end of April 2015.

Full engagement takes place with the child and their family with a view to planning the child’s return home. A significant amount of work takes place between social workers and parents/guardians to create a situation where a child can return home with a focus on their welfare and safety. As well as working with the child, the social work service may involve referrals for parent(s) or guardians to supports that will enable the child to return home, including relationship counselling, addiction or mental health services.