Tom Fleming (Kerry South, Independent)
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26. To ask the Minister for Children and Youth Affairs the steps he and Tusla - Child and Family Agency are taking to ensure that adequate child protection and welfare measures are in place in emergency homeless accommodation. [42676/15]

James Reilly (Dublin North, Fine Gael)
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Policy responsibility for homeless young people, insofar as it extends to my Department, relates to children under 18 and any child welfare and protection concerns that may arise in the context of the Child Care Act 1991. Children under 16 who present as being homeless 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 (accommodation for homeless children). Young people who were formerly in the care of the State and presently in receipt of aftercare services have their accommodation needs identified as part of this support.

The accommodation needs of children who are in the care of their parents where the family is homeless are the responsibility of the Department of the Environment, Community and Local Government and local authorities.

As the Deputy is aware, the statutory role of Tusla - the Child and Family Agency is to ensure the protection and welfare of children who are not receiving adequate care. A child can only be received into the care of the Child and Family Agency where there are welfare or protection concerns. Homelessness as part of a family group is not, in and of itself, a basis for seeking to receive a child into care.

In cases where there are welfare or protection concerns in relation to children in families presenting as homeless, the reporting of such concerns to the Child and Family Agency is governed by Children First: National Guidance for the Protection and Welfare of Children(2011). This national policy sets out the non-statutory child protection requirements which are in place for all sectors of society. The Children First Act 2015, which has recently been passed into law, will place key elements of the Children First National Guidance on a statutory basis. In parallel to the legislation, the existing Children First: National Guidanceis currently being revised and updated.

As the Deputy will also be aware, on the 4th of December 2014, Minister Kelly hosted a special summit on homelessness to reaffirm the Government's commitment to end involuntary long-term homelessness, including that of families with children, by the end of 2016. A number of actions arising from the summit were formalised into an action plan to address homelessness, and substantial progress has been made in implementing that plan. Overall progress is overseen by the Cabinet Committee on Social Policy and Public Service Reform. The plan and progress reports are available on the website of Department of the Environment, Heritage and Local Government. Additionally, the local authorities collect data in relation to the number of dependants, as part of a family, who are homeless.

The December 2014 Action Plan to Address Homelessness includes a commitment for Tusla and Dublin City Council to coordinate operations to ensure that services are fully responsive to the particular protection and welfare needs that might arise for families in emergency accommodation.

Tusla has had meetings with Focus Ireland, the Department of Social Protection and Dublin City Council in relation to vulnerable families. Additionally, I have been informed that Tusla and the Dublin Regional Homeless Executive are currently developing a joint protocol which includes guidance on working with families where child protection concerns arise within emergency homeless accommodation. Significant progress has been made to date and there is a commitment to finalising a draft of the protocol for consultation as soon as possible.