Robert Troy (Longford-Westmeath, Fianna Fail)
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355. To ask the Minister for Children and Youth Affairs why young persons at 17 years of age will not be included under the eligibility criteria for an aftercare plan under the aftercare Bill given that approximately 14% of young persons are admitted to care at 16 and 17 years of age (details supplied) and given that this group comprises the most vulnerable young persons who are currently ending up accessing homeless services; and if he will amend the aftercare Bill to give Tusla, the Child and Family Agency, a statutory duty to providing aftercare plans for these young persons. [40652/15]

James Reilly (Dublin North, Fine Gael)
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As the Deputy is aware, the Child Care (Amendment) Bill 2015 is currently progressing through the Houses of the Oireachtas. The Bill is primarily concerned with aftercare – 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 or her in making the transition to independent living. The Bill obliges the Child and Family Agency, following an assessment of need, to prepare an aftercare plan identifying relevant aftercare supports for an eligible child or eligible young person.

The Bill builds on the existing provisions of section 45 of the Child Care Act 1991 and obliges the Agency:

(i) to prepare an aftercare plan for an eligible child before they reach the age of 18;

(ii) to prepare an aftercare plan, on request, for an eligible adult aged 18, 19 or 20; and

(iii) in relation to an eligible adult to review the operation of an aftercare plan where there has been a change in that adult’s circumstances or additional needs have arisen.

An eligible child means a child aged 16 years or over who has spent at least 12 months in the care of the State between the ages of 13 and (up to) 18 years old. An eligible adult means a young person aged 18, 19 or 20 who has spent at least 12 months in the care of the State between the ages of 13 and 18 years old.

Therefore children aged 17 will be entitled to an aftercare plan if they have spent 12 months in State care since the age of 13.

Where risk of homelessness is concerned, unaccompanied children under 16 who present as out of home to emergency services are taken into care. Children aged 16 and 17 may be taken into care, or provided a service under section 5 of the Child Care Act 1991.

The Child Care (Amendment) Bill 2015 provides that where a child or adult has been in care (for any period of time between the ages of 13 and 18) and has also been accommodated under section 5 of the Child Care Act 1991, then any periods of time spent in such accommodation and that spent in care can be combined to meet the 12 month threshold for eligibility for an aftercare plan.

Overall the Bill underpins significant initiatives and reforms that have taken place in recent years, which have been developed with the goal of improving aftercare services so as to deliver better outcomes for young people leaving the care of the State.