Mick Wallace (Wexford, Independent)
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70. To ask the Minister for Children and Youth Affairs the progress made to address the issues raised in the special rapporteur on child protection's report on child protection processes and procedures of An Garda Síochána. [50183/17]

Katherine Zappone (Dublin South West, Independent)
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I understand that the Deputy is referring to the stand alone report commissioned by the Garda Síochána which was published as "Audit of the exercise by An Garda Síochána of the provisions of Section 12 of the Child Care Act 1991". I am happy to report that progress is being made across all 15 actions of the plan I put in place to address the issues raised in the report commissioned by the Garda Síochána into the use of section 12 of the Child Care Act 1991, as amended. The Strategic Liaison Committee, referred to below, is a high level forum between An Garda Síochána and Tusla which facilitates liaison on inter-agency matters. The current status of the recommendations is as follows:

- Recommendation 6.3.1 - Cultural change is being addressed by means of regular meetings by senior managers in the Garda Síochána and Tusla. The Strategic Liaison Committee, attended by senior representatives of Tusla and the Gardaí meets quarterly.

- Recommendations 6.3.3 and 6.3.14 - the assessment of needs and provision of supports for families and children are being addressed through Tusla's roll out of a new single national approach to child protection from November 2017 on. The "Signs of Safety" approach will help ensure appropriate supports and interventions are in place for families.

- Recommendation 6.3.5 - Substance misuse issues as a key indicator of risk: I have written to my colleague, the Minister for Health, bringing the concerns highlighted in the report about alcohol and substance misuse, and about children's mental health issues to his attention. It is noted that the Signs of Safety approach will continue to include parental use of drugs and alcohol as a core part of child assessment

- Recommendation 6.3.6 Data protection: The Strategic Liaison Committee is planning to bring any actions or legislative change to the attention of myself and Minister Flanagan at the start of 2018.

- Recommendation 6.3.7 - Protocols to support the commencement of the Children First Act 2015: A protocol between An Garda Síochána and Tusla is being finalised in advance of the commencement of the remaining provisions of the Children First Act 2015.

- Recommendation 6.3.13 - Assigning social workers to national specialist Garda child protection units: The Garda National Child Protection Unit has now been established. A senior staff member from Tusla has been working within the unit on an informal basis for some time and this position can now be formalised.

- Recommendation 6.3.14 - Appropriate assessment of the child's needs, including the child's mental health: My Department has written to the Departments of Health and Education in relation to the medical, educational and emotional needs of children subject to an emergency child protection action. My Department has also written to Tusla and the Strategic Liaison Committee to seek confirmation on the issue of impact and trauma, noting that Tusla's Signs of Safety approach to practice provides an appropriate, proportionate, and timely response to children 'at risk/in need'.

- Recommendation 6.3.17.1 - Delegation of Tusla's role under section 12: Tusla indicates that it was never the case that its role was implemented by a private provider. This is and has been exercised by Tusla. The private provider was contracted to make sure there were placements available to Tusla in these cases.

- Recommendation 6.3.17.2 - Use of foster placements and applicability of section 36(1)(b) of the Act: Tusla notes that a child received under section 12 is not in care but is in Tusla's custody. Tusla provides foster placements under section 15 of the Act that provides for accommodation of children for the purposes of part 3 of the Act (Protection of Children in Emergencies), which includes section 12.

- Recommendation 6.3.17.3 - Applicability of Child Care Act and regulations to foster care providers used to provide accommodation in urgent or emergency cases: Tusla have confirmed that the standards and regulatory obligations applicable to foster care generally are also applicable to foster care placements on an emergency basis - be that private provider or otherwise.

- Recommendation 6.3.17.4 - Standards to be applied for foster placements used under Part 3 Protection of Children in Emergencies of the Child Care Act 1991: Irrespective of the pathway into Tusla’s care, a placement with a private provider is subject to relevant standards. Private providers are inspected by HIQA under national standards.

- Recommendation 6.3.17.5 - Social work service to be provided out of normal office hours: Tusla’s immediate plan to enhance the out of hours service includes the integration of the three existing out of hours services into one national service. The Minister has secured funding in Budget 2018 and has asked Tusla to progress this project in early 2018.

I would note that research into the use of emergency care orders, under section 13 of the Child Care Act, is also progressing with Tusla.

As the Deputy may be aware, a member of the Garda Síochána has the power to enter a premises and remove a child to a place of safety if they have formed the view that there is immediate risk to the child and there is insufficient time to seek an emergency care order through the Courts.