Written answers

Tuesday, 14 June 2022

Department of Children, Equality, Disability, Integration and Youth

Child and Family Agency

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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1205. To ask the Minister for Children, Equality, Disability, Integration and Youth when Ireland will sign and ratify the optional protocol to the UN Convention on the Rights of Persons with Disabilities; the reason for the delay; and if he will make a statement on the matter. [30762/22]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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Ireland ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on 20 March 2018. This marked an important milestone in a process to strengthen the rights of people with disabilities in Ireland that has gathered momentum since Ireland became a signatory to the Convention in 2007.

Ireland's approach to meeting the obligations of the UNCRPD is one of progressive realisation - each year moving forward on key reforms, with the obligations arising from the Convention being met over time. Initial priority has been given to meeting legislative commitments and requirements.

I recognise the importance of the Optional Protocol to the UNCRPD. As the Deputy will be aware, the Optional Protocol is an international treaty that establishes procedures aimed at strengthening the implementation and monitoring of the Convention. Ratification of the Optional Protocol is a commitment in the Programme for Government, following the State's first review period before the UN Committee.

Due to delays at UN level, Ireland’s appearance before the Committee will now be delayed, possibly for some time. In light of this, both Minister O'Gorman and I have indicated that we are open to earlier ratification, contingent on the State being in a position to meet its obligations thereunder. This is reflective of the State’s longstanding approach to entering into binding international obligations in good faith, and at a point where the State is in a position to meet its obligations.

In that regard, we know that commencement of the Assisted Decision-Making (Capacity) Act 2015 is required before ratification can occur, and for closer alignment with Article 12 of the Convention. It is intended that this important legal reform will be in place once the Assisted Decision-Making (Capacity) (Amendment) Bill is passed into law.

Alongside that, ratification of the Optional Protocol requires a comprehensive review of existing domestic remedies for breaches of the Convention in order to ensure the State can meet the obligations arising from the Optional Protocol. My Department is currently in the process of examining the requirements for ratification, and my officials have had engagement with our internal legal advisors on the steps required. This work is being progressed as part of the development of the UNCRPD Implementation Plan which is a priority for the second half of 2022.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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1206. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will comment on Tusla’s preparations for the introduction of the child abuse substantiation procedure; the number of foster carers who have received training on the issue as of 8 June 2022; the training that is planned; if the introduction date of 27 June 2022 is still proceeding given the lack of training to date; and if he will make a statement on the matter. [30768/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The “Child Abuse Substantiation Procedure” (CASP) is a revision of the “Policy and Procedures for Responding to Allegations of Abuse and Neglect” 2014. It is based on learning that indicated the need to further enhance consistency of practice across Tusla, the Child and Family Agency. In addition, changes were also required to incorporate new legal judgements in this complex area of law and practice.

The Child Abuse Substantiation Procedure (CASP) is available on the Tusla Hub and will be effective from 27th June 2022 across all Tusla areas.

CASP will assist social workers in achieving an optimum standard of child protection practice when carrying out substantiation assessments. Furthermore, this procedure will allow Tusla to function within the correct parameters of its legal obligations, fair procedures, and information management.

Engaging extensively in a consultation process both internally and externally was a very important step for the Agency in encompassing views from colleagues, both within Tusla and across many organisations working in this deeply complex and sensitive area including the Irish Foster Care Association and dedicated focus groups with foster carers. This consultation process contributed significantly to the finalising of the CASP.

In preparation of the implementation of CASP on 27th June 2022 a bespoke training plan is currently underway. The interactive online programme consists of a mix of theory and skills-based practice. It has a number of training streams for relevant staff within Tusla and consists of both eLearning and virtual classroom training. It includes modules on CASP, CASP Data Protection Guidance and CASP Tusla Case Management System (TCMS). CASP training is currently underway on a phased basis for Tusla frontline and regional staff, who will have responsibility for implementing the CASP. This training is very specific to Tusla staff as Tusla social workers fulfil their statutory responsibility to work in this difficult, sensitive and complex area, under Section 3 of the Child Care Act 1991. It is not envisaged that Tusla will provide training to external stakeholders, of which there is a vast number from diverse backgrounds, all deeply invested in this area of work.

Tusla has commited to review the operation of CASP after 12 months of operation with stakeholders, to take account of evolving evidence-based practice and research in this area, developing case law and changes in legislation.

Tusla is mindful that there will be many questions from stakeholders in advance of CASP go-live date. Consequently, as part of its communications planning, Tusla is designing a YouTube video will provide a concise overview of the application of the CASP.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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1207. To ask the Minister for Children, Equality, Disability, Integration and Youth if his attention has been drawn to the different procedures in place across different Tusla regions in relation to a number of issues affecting foster carers including issues such as therapy provision and dental care provision; if he will engage with Tusla to ensure standardisation at the higher level of service to foster children and their carers across each region; and if he will make a statement on the matter. [30769/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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There are approximately 5,860 children in the care of the State, with almost 90% of these children are being cared for by foster carers, enabling them to live in a safe, secure, and stable home environment.

Solutions to the challenges faced by children and foster carers in accessing therapeutic services and other specialist services for children in care, are a key priority for Tusla.

Tusla has advised that they recently engaged with foster carers in a consultation to inform the development of a Strategic Plan for Foster Care 2022 -2025. Through this consultation, foster carers provided Tusla with detailed information in relation to the challenges faced by those within the foster care system in accessing therapeutic services and other specialist services. To that end, and in order to enhance the quality and consistency of care to children, Tusla has advised that they are actively investing in enhancing therapeutic services across the system.

In addition, Tusla’s Strategic Plan for Foster Care will also seek to promote consistency in service provision geographically, including access to therapy provision and dental care provision.

I have been informed that work is currently underway across each of Tusla’s six geographic regions to promote equity of access, consistency of practice, and standardisation. Tusla is currently in the process of recruiting multi-disciplinary therapeutic teams across the country.

It is intended that this will lead to Tusla’s ability to respond to the therapeutic needs of children in care in a more timely manner. In the interim, Tusla has advised that it will continue to ensure that those within the foster care system are supported in accessing the required services, in either the public and/or the private sector.

In discharging its responsibilities, Tusla has stated that it is committed to ensuring that services are applied in an equitable and consistent manner, to ensure that children and young people in foster families receive the best possible level of care and support.

Should the Deputy have any specific information in relation to areas whereby specific foster carers are experiencing variation in practice, Tusla has informed me that it would welcome further information and the opportunity to address these inconsistencies.

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