Written answers

Thursday, 24 October 2024

Department of Children, Equality, Disability, Integration and Youth

Child and Family Agency

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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312. To ask the Minister for Children, Equality, Disability, Integration and Youth the extent to which he is satisfied that Tusla is free to carry out its statutory requirements in all situations which might emerge, without exception; and if he will make a statement on the matter. [43877/24]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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Tusla has a statutory duty under the Child Care Act 1991 to promote the welfare of children who are not receiving adequate care and protection. In doing so, it relies heavily on individuals reporting concerns about children, in accordance with Children First: National Guidance for the Protection and Welfare of Children 2017 and the Children First Act, 2015.

Under the Children First Act, mandated persons are required to report child protection concerns at or above a defined threshold to Tusla. The list of mandated persons is set out in Schedule 2 of the Act and it includes teachers, An Garda Síochána and health care professionals.

Where child protection concerns have been reported to Tusla by mandated persons or by the wider community, Tusla will assess the concern in line with its policies, procedures and best practice. All reports to Tusla are screened to determine whether it meets the threshold for Tusla child protection and welfare services. If the threshold for social work intervention has not been met, Tusla will advise on other types of support services available to meet the child’s needs e.g. referral to family support services.

If there are ongoing child protection concerns, Tusla will take the necessary actions to ensure that a child is protected. Tusla has extensive powers under the Child Care Act, 1991 and the Child and Family Agency Act, 2013 to take appropriate action to promote the welfare of any child who is not receiving adequate care and protection. If Tusla suspects that a crime has been committed and a child has been wilfully neglected or physically or sexually abused, it will formally notify An Garda Síochána without delay.

Tusla operates under the Child and Family Agency Act 2013, a progressive piece of legislation with children at its heart and families viewed as the foundation of a strong healthy community where children can flourish. Partnership and co-operation in the delivery of seamless services to children and families are central to Tusla’s operations.

In Budget 2025, I have secured a significant increase in funding for Tusla of €145m. It should be noted that in 2014 Tusla's allocation was €609m and in 2025 the total allocation is expected to be approximately €1,250 million, which represents more than a 100% increase over the allocation for Tusla upon its establishment. This is the third consecutive year, that total Tusla funding will be over one billion euro and is reflective of the growing demand there is for Tusla services.

I am satisfied that Tusla is free to carry out its statutory functions, as set out in section 3 of the Child Care Act, 1991, as amended, in any given relevant situations which might emerge. To further assist Tusla to continue this good work and improve Child Welfare and Protection provisions, a draft bill is being prepared to amend the Child Care Act, 1991. Pre-legislative scrutiny has taken place on that Bill.

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