Sorca Clarke (Longford-Westmeath, Sinn Fein)
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420. To ask the Minister for Children, Equality, Disability, Integration and Youth the engagement he has had with Tusla - the Child and Family Agency in relation to the lack of step-down places, resulting in children being kept in secure units for longer than is necessary; and if he will make a statement on the matter. [2725/23]

Roderic O'Gorman (Dublin West, Green Party)
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At the end of October 2022, there were 5,810 children and young people in the care of the State. Of these, 5,171 (89%) were in foster care, 432 (7.4%) were in Residential Care, and 14 (0.2%) were in secure special care.

While a majority of children in care are in foster care, there are some circumstances where foster care is not an option, including where a child has specific therapeutic needs that are best met in residential care. In these cases, a child may be placed in residential care.

Where a child's behaviour is deemed a serious risk to themselves, the Child and Family Agency (CFA) may apply to the High Court for a special care order in respect of that child. Special care is used to address the risk of harm that may be caused to a child’s life, health, safety, development or welfare by their behaviour. Children are admitted to special care following a successful application to the CFA’s Special Care Admissions Committee, and upon the granting of a special care order by the High Court.

The decision to detain or extend the detention of a child is not one that is taken lightly. The Child Care Act 1991, as amended, provides the statutory framework governing special care and contains significant statytory protections in this regard. Part IVA of the Act sets out the specific processes for a child's placement into Special care, which includes a determination by the CFA that a child requires special care (23F), and the criteria which must be met for the High Court to make a special care order (23H). The Act also sets out specific criteria which must be met in order for the High Court to extend a special care order, and places a statutory limit on the maximum duration that a child may remain in special care. In addition, the Act provides that the High Court shall carry out a review in each 4 week period for which a special care order has effect, and that the High Court shall, when carrying out such reviews, consider whether the child continues to require special care.

The Department and the Child and Family Agency engage on a regular basis regarding issues impacting on children in the care of the state, including those in relation to special care and residential care. In 2022 the CFA published its Strategic Plan for Residential Care Services for Children and Young People 2022-2025. This Strategic Plan outlined how the Agency has been required to meet growing demand for the residential care service, including a growing number of children and young people requiring ‘enhanced’ or more specialised service types to accommodate their complex needs. The Plan outlined a number of key actions the Agency proposed to undertake to alleviate these pressures, including the expansion of statutory residential capacity on a phased basis and the provision of new step down facilities over the coming years.

Both Tusla, the Child and Family Agency, and the Department of Children, Equality, Disability, Integration and Youth are committed to promoting safe and high quality practice in all areas of Alternative Care.