Written answers

Thursday, 9 June 2016

Department of Children and Youth Affairs

Legislative Measures

Photo of Brian StanleyBrian Stanley (Laois, Sinn Fein)
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28. To ask the Minister for Children and Youth Affairs if she assessed the possible unforeseen effects of the Aftercare Bill 2014; her plans to amend this legislation in the near future; and if she will make a statement on the matter. [14827/16]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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As the Deputy is aware, the Child Care (Amendment) Act 2015 was signed into law in December of last year and is awaiting commencement. The Act 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 Act 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 Act 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.

The Act also 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 (accommodation for homeless children), 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 Act 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.

At this point in time, I have no plans to amend the aftercare provisions contained in the Child Care (Amendment) Act 2015.

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