Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

963. To ask the Minister for Children and Youth Affairs if it is Tusla policy that the questioning of children in regard to disclosures of sexual abuse is conducted in a child friendly and appropriate manner, in a child friendly and appropriate venue including in circumstances in which such questioning is being conducted by outside contractors; and if so, the way in which Tusla monitors if this policy is followed in each case. [45123/18]

Katherine Zappone (Dublin South West, Independent)
Link to this: Individually | In context | Oireachtas source

Children may disclose sexual abuse in any environment and to any person they choose. In all cases, where such a disclosure is made and referred to Tusla, a social worker will approach a meeting with the child on the basis of building a rapport. Once the social worker has developed an understanding of the child’s communication capabilities, he or she will be asked to tell their story in their own words. The environment is supportive and child friendly. The social worker will facilitate the child’s return to his or her carers.

The venues for such meetings can be in the child’s own home or school. However, on occasion other suitable locations may have to be used depending on the level of urgency and/or the safety of the child. It is important that these venues are child friendly and have a supportive environment. However, when medical consultation is necessary, the venue may need to be a more clinical setting. Every effort is made to make medical consultations as child friendly as possible.

Representatives from Tusla and outside agencies meet regularly to discuss ways of improving the quality of services in regards to children making disclosures of sexual abuse.

I have  also committed to establish centres for supporting children who have suffered sexual abuse a way that would minimise their trauma while accessing care or health services, and engaging with the criminal justice system.

This proposal has the agreement of the Minister for Justice and Equality, Charles Flanagan TD and Minister for Health, Simon Harris TD, and a pilot centre will be opened in 2019.

Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

964. To ask the Minister for Children and Youth Affairs the supports Tusla offers to children who have made disclosures of sexual abuse pending investigation of their allegations. [45125/18]

Katherine Zappone (Dublin South West, Independent)
Link to this: Individually | In context | Oireachtas source

I am informed by Tusla that the level of supports required for children who make disclosures of sexual abuse varies on a case by case basis. The child’s family, with the aid of advice and support from social workers and other suitably qualified professionals, are often able to provide the most appropriate emotional support needed. However, in situations when further support is required, social workers or social care leaders can remain in contact with the child and their family over an extended period of time. This may involve working with the Gardaí and other agencies while a case is being investigated, or liaising with local General Practitioner Services and/or Child and Adolescent Mental Health Services (CAMHS).

If a child is linked in with other organisations they can avail of further sources of support. The social work department can act as consultant to these organisations in the provision of advice and support.

The most meaningful support to children comes from sources known to them before the disclosure was made. Other sources of support are called upon as required in individual circumstances.

Peadar Tóibín (Meath West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

965. To ask the Minister for Children and Youth Affairs the penalties in place for persons who willingly make false allegations to Tusla regarding other persons. [45126/18]

Katherine Zappone (Dublin South West, Independent)
Link to this: Individually | In context | Oireachtas source

The Protection for Persons Reporting Child Abuse Act, 1998, protects people who make a report of suspected child abuse to designated officers of Tusla, the HSE or to members of the Gardaí as long as the report is made in good faith and is not malicious.

Section 5 of that Act created a new offence of false reporting in cases where a report was made knowing the statement to be untrue. In such cases  it is a matter for An Garda Síochána to investigate.

It is an offence to make a false report. The penalties named in the Act, which can be imposed by the District Court, include a fine not exceeding €1,500 or a maximum of 12 months imprisonment, or both. A fine not exceeding €15,000 or a maximum of 3 years imprisonment or both, may be imposed  by a higher court  (Circuit or Central Criminal Court).

Tusla is not a policing body and makes determinations, to inform the delivery of services or as a basis to share critical information with third parties, on the credibility of an allegation on a balance of probabilities. Where a referral is not considered to be credible, other factors may need to be taken into account, including where the person involved may have a genuine belief or, for example, a mental health issue.