Anne Rabbitte (Galway East, Fianna Fail)
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555. To ask the Minister for Children and Youth Affairs the capacity for special care beds in each of the special care units nationally (details supplied); and if she will make a statement on the matter. [14174/18]

Anne Rabbitte (Galway East, Fianna Fail)
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556. To ask the Minister for Children and Youth Affairs the number of young persons currently placed in special care (details supplied); and if she will make a statement on the matter. [14175/18]

Anne Rabbitte (Galway East, Fianna Fail)
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557. To ask the Minister for Children and Youth Affairs the number of young persons currently on a list for special care beds (details supplied); and if she will make a statement on the matter. [14176/18]

Anne Rabbitte (Galway East, Fianna Fail)
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558. To ask the Minister for Children and Youth Affairs her plans to increase the number of beds available in special care (details supplied); and if she will make a statement on the matter. [14177/18]

Katherine Zappone (Dublin South West, Independent)
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I propose to take Questions Nos. 555 to 558, inclusive, together.

I have asked Tusla, the Child and Family Agency to provide the details requested by the Deputy and I  will forward  the information when it is to hand.

Anne Rabbitte (Galway East, Fianna Fail)
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559. To ask the Minister for Children and Youth Affairs if all special care units in operation are in full compliance with the new statutory regulations (details supplied); and if she will make a statement on the matter. [14178/18]

Katherine Zappone (Dublin South West, Independent)
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As the Deputy is aware, Special care is where a child, in the absence of criminal charges, is detained on foot of an Order of the High Court, so that the child, deemed to be at immediate risk of harm to his or her life, safety or well-being, can receive the appropriate therapeutic support

The Child Care (Amendment) Act 2011 provides a statutory framework for special care by which jurisdiction is granted to the High Court to hear special care and interim special care orders. The Act also proposes (by way of the insertion of a new Part IVA) a substantial amendment to the Child Care Act 1991 creating a legislative framework within which special care procedures can be governed.

Under the new provisions the High Court may make a special care order where it is satisfied that the child has attained 11 years of age and that the child's behaviour poses a real and substantial risk of harm to his or her life, health, safety, development or welfare and where the provision of continued care other than special care and treatment/services under the Mental Health Act 2001 is not adequate to address the therapeutic requirements of the child.

The High Court has discretion regarding the requirement for a consultation procedure with parents and their child and in relation to the requirement for a family welfare conference prior to the granting of the order. The special care order has effect for a maximum of three months from the date of the order and must be reviewed in each four-week period for which the order has effect. 

The High Court is obliged to reassess the requirement for the original order and may vary the order on review.  Reviews of the special care order can be heard even where the child is in special care outside the State. The High Court is granted the power to extend the original order for a maximum of two further three-month periods (the maximum duration of a  special  care order is nine months) where it is deemed that the  child is benefitting from the treatment or where the circumstances warranting the original order continue to exist. The renewal applications must be made prior to the expiration of the original order/repeat order and the extension takes effect at the expiry of the original order/repeat order as the case demands.

The commencement of the relevant provisions of the Child Care (Amendment) Act 2011, in conjunction with the making of commencement orders for provisions contained in the Health Act 2007 and the Child Care (Amendment) Act 2015, has resulted in a legal framework for the making of special care orders by the High Court and whereby all special care units are to be registered and inspected by HIQA (in accordance with the provisions of the Health Act 2007). It might also be noted that new (HIQA) standards for special care units, agreed between the Department of Children and Youth Affairs, Tusla and HIQA, are also now operational.

The commencement of this new regulatory regime, with effect from 1 January, 2018, is particularly relevant in light of the most recent amendment to the Constitution providing for the rights of the child.

It should be noted that the Child Care (Amendment) Act 2011 provides for a transitional phase for special care units of 12 months – and during this phase they are deemed to be registered for the purposes of the Health Act 2007. Therefore, HIQA’s formal registration of all Tusla special care units must be concluded by the end of this year.

Officials from my Department worked closely with colleagues in Tusla and HIQA in relation to the drafting of all relevant Regulations and standards. I have been informed by Tusla that the Agency has been preparing for special care registration for the last twelve months and a senior manager has been reassigned to ensure that special care units are ready for registration. The Service Director for Residential and Special Care has been in discussion with HIQA and will make the necessary applications for Registration as agreed with HIQA on the 12th of April 2018.  Special Care Services are currently preparing for registration inspections following these applications.