Written answers

Wednesday, 3 November 2021

Department of Children, Equality, Disability, Integration and Youth

Children in Care

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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130. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of children taken into care using voluntary care agreements for each of Tusla’s 17 service areas; the duration of these agreements; and the number of children taken into care under these agreements that have been returned to their birthmothers in each of the years 2016 to 2020 and to date in 2021. [53462/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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131. To ask the Minister for Children, Equality, Disability, Integration and Youth the legislative position in relation to reunification plans; the number of children taken into care in each of Tusla’s 17 service areas that currently have a reunification plan; and the number of children who do not. [53463/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Child Care Act 1991 provides for the care and protection of children and for related matters, including the arrangements which apply when a child comes into the care of the State.

Section 42 of the Act deals with the review of cases of children in care, and provides that the Minister shall make regulations requiring the case of each child in the care of Tusla to be reviewed in accordance with the provisions of the regulations. The section goes on to specify that such regulations may make provision requiring the board to consider whether it would be in the best interests of the child to be given into the custody of his parent.

Under this section, regulations are in place governing foster care, placement of children with relatives, and residential care. These regulations place obligations on Tusla in relation to putting in place and reviewing a care plan for the child, and also require that in reviewing the plan, Tusla must consider whether the circumstances of the parents of the child have changed, and whether it would be in the best interest of the child to be given into the custody of his or her parents.

Tusla inform me that data on reunification reports is not available or gathered by them. However, as outlined above, the consideration of reunification is a requirement in all cases and is required to be evidenced before the courts when care orders are applied for. Reunification is also an aim under the national model of practice in Tusla and is considered in every case. Research by Cavanan and Furey 2019 in NUIG commissioned by Tusla and available on the Tusla Website compares rates of reunification across a number of countries as set out below.

% of Children returned to parents upon discharge from care (Canavan & Furey, 2019)

Ireland N. Ireland England Wales Scotland USA
% Children returned home to parents 55 50 32 37 61 51

This shows that internationally Tusla has a high rate of return home second only to Scotland.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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132. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason Tusla does not collate data on new-born babies under two weeks old who have been taken into State care; if he will introduce mandatory measures for the collation of this data; and his views on the removal of new-borns from their birthmothers, even when they are being breastfed. [53465/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I wish to inform the Deputy that the collation of data is a matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy. I would like to mention however, that officials from my Department and Tusla have regular engagements regarding the service performance and activity data that is regularly published by Tusla and, when required, there are processes in place for the Department to request new performance indicators.

Under Section 3 of the Child Care Act 1991 Tusla has a statutory function to promote the welfare of children who are not receiving adequate care and protection. This applies to all children, regardless of their age.

When a referral about a child welfare or protection concern is made, Tusla social workers must assess the circumstances of the child or children involved. Appropriate action to ensure the safety and protection of that child or children must be taken. These actions can include applying to the District Court for an order under Section 13, 17 or 18 of the Child Care Act if the child or children are considered to be at immediate and serious risk.

Section 17 Orders are Interim Care Orders, and it is possible that an application for such an order would be made in the case of a newborn especially if a pre-birth case conference has taken place and the court judged that the child will be at serious risk if they do not come into care. Breastfeeding is very important for babies, however the risks to the child must be weighed against mitigating factors and a decision made in the best interests of the child.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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133. To ask the Minister for Children, Equality, Disability, Integration and Youth further to Parliamentary Question No. 326 of 7 October 2021, the reason Tusla service areas in south central areas of Dublin and counties Waterford, Wexford, Cork, Galway and Roscommon had above average numbers taken into State care according to data released by Tusla; and the reason the Galway, Roscommon service area increased the number of children going into State care from 2016 to 2020. [53466/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The Deputy is referring to an operational matter for Tusla, the Child and Family Agency. I have therefore referred the matter to Tusla, and asked that a direct response be provided to the Deputy.

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