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

1157. To ask the Minister for Children, Equality, Disability, Integration and Youth the number of times he has met with the Special Rapporteur on Child Protection since he took office; and the dates upon which those meetings took place. [21157/22]

Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

Since I took office I have met virtually with the Special Rapporteur for Child Protection on two occasions, and have had a number of calls directly with him on various issues. The dates of which are as follows:

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

1158. To ask the Minister for Children, Equality, Disability, Integration and Youth if he has discussed the issue of private family care arrangements with the Special Rapporteur on Child Protection; if he plans to bring about an end to private family arrangements; and if so if the timeline for same; and if he will make a statement on the matter. [21158/22]

Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

Tusla’s statutory obligations in relation to children and families stem primarily from the Child Care Act 1991.  Tusla is responsible for promoting the welfare of children not receiving adequate care and protection.  In doing so, the best interests of the child are paramount, but Tusla also seeks to have regard to the rights of parents and to the principle that it is generally in the best interests of a child that they are brought up in their own family.  Tusla’s statutory responsibilities include children in care and family support.

In this context, Tusla may take a child into care, in accordance with the statutory provisions, either in a voluntary care arrangement or under a court order.  The thresholds which must be met for taking a child into care are set out in the Child Care Act.

There is no formal definition of “private family arrangements”, but there are a number of circumstances in which Tusla may engage with a child and their family, where the child is not in care under the Child Care Act.

As part of Tusla’s intervention, a parent and their wider family may agree to a plan that sees a child living with extended family, relatives or friends.  Such arrangements can be a key component of a safety planning process where there are ongoing concerns of harm to a child that require Tusla’s ongoing involvement to assure the child’s safety.  Tusla remains involved in such cases until such time as the child’s safety has been evidenced over time or until a decision is made to invoke formal care arrangements, which can be in the form of relative foster care.

A parent and their extended family can also agree a temporary arrangement to support the care of the child while the parent gets respite and support. Where support is required Tusla can provide such support to the child, parent and carer through what is often referred to as a family support plan. There are also legal provisions under guardianship legislation for the family to have such arrangements made more formal through the appointment of a temporary or full guardian. Tusla is often made a notice party to such applications to support the Court in its decision making process.

A parent/family may also enter into a temporary care arrangement with a relative where no support is required and where Tusla has no involvement. Where a parent enters into a private care arrangement with someone who is not a guardian or relative and where Tusla has not had any involvement, the Child Care Act (Part IVB) requires the parent to notify Tusla of such an arrangement.  Tusla has the authority to determine the suitability of such an arrangement if required and to apply to the District Court for directions if it believes the arrangement is not in the child’s best interests. Such notifications are rare.

Dr. Conor O’Mahony, the current Special Rapporteur on Child Protection, has commented on private family arrangements in the context of research undertaken by UCC, which he co-authored and published in 2021. Contained within this research, titled Voluntary Care in Ireland Study, the co-authors stated, a “significant number of participants in the study expressed positive views in support of the use of PFAs”. However the authors added that, “the existing ad hoc approach to PFAs raises considerable concerns” and “notwithstanding the support amongst some practitioners for the use of PFAs”, the authors concluded that “the better solution is to bring all kinship placements under this heading in the existing model and to discontinue reliance on ad hoc, unregulated PFAs.”

While I have not discussed the issue of private family arrangements directly with Dr. O’Mahony, I am aware of his views, as set out above.

Issues in relation to private family arrangements and engagement by Tusla with children and families in care and in the community will be considered in the context of the ongoing review of the Child Care Act 1991. The Heads of Bill/General Scheme are due for completion by the end of 2022.

Consideration of the role of Tusla in supporting children and families in the community and in the formal care system forms part of the review. Relevant reports and comments, including those made by the Special Rapporteur on Child Protection, will inform the deliberations. The review is a complex process, involving detailed stakeholder engagement. The specific issue of private family arrangements is being actively considered and final decisions have not yet been taken.

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

1159. To ask the Minister for Children, Equality, Disability, Integration and Youth if the Special Rapporteur on Child Protection has ever expressed a view to him that private family care arrangements have no legal standing under the Child Care Act 1991; and if he will make a statement on the matter. [21159/22]

Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

Tusla’s statutory obligations in relation to children and families stem primarily from the Child Care Act 1991.  Tusla is responsible for promoting the welfare of children not receiving adequate care and protection.  In doing so, the best interests of the child are paramount, but Tusla also seeks to have regard to the rights of parents and to the principle that it is generally in the best interests of a child that they are brought up in their own family.  Tusla’s statutory responsibilities include children in care and family support.

In this context, Tusla may take a child into care, in accordance with the statutory provisions, either in a voluntary care arrangement or under a court order.  The thresholds which must be met for taking a child into care are set out in the Child Care Act.

There is no formal definition of “private family arrangements”, but there are a number of circumstances in which Tusla may engage with a child and their family, where the child is not in care under the Child Care Act.

As part of Tusla’s intervention, a parent and their wider family may agree to a plan that sees a child living with extended family, relatives or friends.  Such arrangements can be a key component of a safety planning process where there are ongoing concerns of harm to a child that require Tusla’s ongoing involvement to assure the child’s safety.  Tusla remains involved in such cases until such time as the child’s safety has been evidenced over time or until a decision is made to invoke formal care arrangements, which can be in the form of relative foster care.

A parent and their extended family can also agree a temporary arrangement to support the care of the child while the parent gets respite and support. Where support is required Tusla can provide such support to the child, parent and carer through what is often referred to as a family support plan. There are also legal provisions under guardianship legislation for the family to have such arrangements made more formal through the appointment of a temporary or full guardian. Tusla is often made a notice party to such applications to support the Court in its decision making process.

A parent/family may also enter into a temporary care arrangement with a relative where no support is required and where Tusla has no involvement. Where a parent enters into a private care arrangement with someone who is not a guardian or relative and where Tusla has not had any involvement, the Child Care Act (Part IVB) requires the parent to notify Tusla of such an arrangement.  Tusla has the authority to determine the suitability of such an arrangement if required and to apply to the District Court for directions if it believes the arrangement is not in the child’s best interests. Such notifications are rare.

Dr. Conor O’Mahony, the current Special Rapporteur on Child Protection, has commented on private family arrangements in the context of research undertaken by UCC, which he co-authored and published in 2021. Contained within this research, titled Voluntary Care in Ireland Study, the co-authors stated, a “significant number of participants in the study expressed positive views in support of the use of PFAs”. However the authors added that, “the existing ad hoc approach to PFAs raises considerable concerns” and “notwithstanding the support amongst some practitioners for the use of PFAs”, the authors concluded that “the better solution is to bring all kinship placements under this heading in the existing model and to discontinue reliance on ad hoc, unregulated PFAs.”

 While I have not discussed the issue of private family arrangements directly with Dr. O’Mahony, I am aware of his views, as set out above.

Issues in relation to private family arrangements and engagement by Tusla with children and families in care and in the community will be considered in the context of the ongoing review of the Child Care Act 1991. The Heads of Bill/General Scheme is due for completion by the end of 2022.

Consideration of the role of Tusla in supporting children and families in the community and in the formal care system forms part of the review. Relevant reports and comments, including those made by the Special Rapporteur on Child Protection, will inform the deliberations. The review is a complex process, involving detailed stakeholder engagement. The specific issue of private family arrangements is being actively considered and final decisions have not yet been taken.