Regina Doherty (Meath East, Fine Gael)
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682. To ask the Minister for Children and Youth Affairs his plans to amend section 45 of the Child Care Act 1991 to make the State obliged to provide the necessary support to foster children and young adults to remain in their foster homes, particularly in those instances where upon turning 18 a young person who has experienced trauma and-or developmental delay is not yet ready to embrace independent living. [31276/15]

James Reilly (Dublin North, Fine Gael)
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Aftercare is a term used to describe the planning and support put in place to meet the needs of a young person who is leaving statutory care at 18 years of age, to assist him/her 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 which care sector they have been in, i.e. 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 Tusla - 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. Accordingly, in instances where a young person leaving care has experienced trauma and/or a developmental delay and is not yet ready to embrace independent living, due regard will be given within the aftercare planning process to linkages with appropriate, specialist, adult services.

Between 450 and 500 young people leave care annually upon turning 18. According to Tusla, at the end of March, 2015, there were 1,720 young people aged 18 to 22 years inclusive in receipt of an aftercare service. Of those, 1,012 (59%) were in full time education.

A significant number of these young people are supported financially to remain living with their foster carers, in addition to having access to an aftercare worker. The most vulnerable group of young people are those leaving residential care or short term foster care placements. Children, who come into care late, in their mid to late teens, may not have developed the relationships with staff or aftercare workers that help them achieve good outcomes.

Young people who do not have family support from a foster carer or family base are assisted in finding accommodation in supported lodgings, sheltered housing or independent accommodation and encouraged and supported financially in furthering their training and education.

Furthermore, in respect of my plans to amend Section 45 of the Child Care Act 1991, 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 shortly.

Finian McGrath (Dublin North Central, Independent)
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683. To ask the Minister for Children and Youth Affairs if he will provide support to the Irish Network of Foster Carers in their efforts to protect vulnerable children (details supplied); and if he will make a statement on the matter. [31354/15]

James Reilly (Dublin North, Fine Gael)
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As the Deputy is aware, the pre-legislative scrutiny process is designed to help improve legislation by allowing Oireachtas Committees to discuss the Heads of legislation at an early stage, to consider issues raised by stakeholders, and to prepare a short report for the relevant Minister. While carried out on behalf of the Government Department responsible for the legislation, all such processes are conducted by the relevant Oireachtas Committees independent of the associated Departments.

I have been advised by the Joint Oireachtas Committee on Health and Children that the general process for pre-legislative scrutiny is that upon receiving the Heads of a Bill, the Committee receives a briefing paper / advice from the independent Library and Research Service, which includes suggestions with regard to the most appropriate approach for stakeholder consultation. The Committee may also wish to invite stakeholders to discussions based on submissions and / or concerns already expressed. The Joint Oireachtas Committee on Health and Children has assured me that it does not exclude any stakeholder from the consultation process.

Some 93% of children in State care today are cared for in foster homes, many of whom are supported to continue living with their foster parents after reaching 18 years of age. Without doubt, the commitment and dedication demonstrated by foster carers towards the children in their care profoundly impacts the lives of those children as they become young adults and embark upon life after care. As such, I recognise that the insights of those caring for them are extremely valuable and insights that I welcome.

With regard to the implementation of the National Leaving and Aftercare Policy, 2011, Tusla – the Child and Family Agency has advised me that the policy, which provides a framework for the delivery of aftercare services nationally, was signed off in April, 2011. An implementation plan was developed outlining key work to be undertaken by Tusla in order to ensure full compliance with the National Leaving and Aftercare Policy. That implementation plan has resulted in the introduction of several new practices, including the establishment of steering groups, the development of dedicated teams, and the standardisation of the aftercare allowance. Tusla continues to review its current policy to reflect new legislative changes. In so doing, Tusla will continue to work in partnership with agencies that represent the views of children in care and foster carers.

Tusla is in the process of establishing full dedicated teams nationally along with operational steering groups in each area. Tusla has also advised that at the end of March, this year, 78% of 18-22 years olds in receipt of an aftercare service had an aftercare plan while 81% had an aftercare worker.

In relation to the issue of homelessness for care leavers, Tusla reports that at the end of March, 2015, the vast majority of 18-22 years olds in receipt of an aftercare service were residing in some form of stable accommodation. In fact, 45% of those care leavers remained living with their foster carers, 23% were living independently, 11% returned home, 4% were living in supported lodgings and 5.5% were living in residential centres. Only a small minority (11.5%) were living in other types of less stable accommodation. While significant progress has already been made, work continues in my Department and Tusla to reduce the risk of vulnerable young care leavers finding themselves homeless or in unstable or unsuitable accommodation.