Claire Kerrane (Roscommon-Galway, Sinn Fein)
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1080. To ask the Minister for Children, Disability and Equality if she will seek the powers of HIQA be extended to regulate and inspect private residential childcare services. [40241/26]

Norma Foley (Kerry, Fianna Fail)
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The Child Care Act 1991 is the statutory framework for child welfare and protection in Ireland. The legislation places a statutory duty on Tusla to promote the welfare of children who are not receiving adequate care and protection. It sets the legislative provisions in relation to taking children into care, and the responsibilities of the Sate in that regard, which aim to improve outcomes for looked after children.

The placement of children in Residential Care is governed by the National Standards for Children’s Residential Centres 2018, and underpinned by the Child Care (Placement in Residential Care) Regulation 1995, and the Child Care (Standards in Children’s Residential Centres) 1996. The placement of children in Special Care is governed by the National Standards for Special Care Units 2014, as well as the Health Act 2007 (Care and Welfare of Children in Special Care Units) Regulations 2017, Health Act 2007 (Care and Welfare of Children in Special Care Units) (Amendment) Regulations 2018, and the Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017.

HIQA carries out announced and unannounced inspections of statutory Children’s Residential Centres and Special Care units. HIQA carry out these inspections against the identified Regulations and Standards. Tusla is the statutory regulator of Private and Voluntary Children’s Residential Centres, and is therefore responsible for the registration and inspection of these centres in accordance with Regulations, standards, and the relevant provisions of the Child Care Act 1991.

The foregoing sets out the safeguards are in place with regard to all placements of children in residential and special care. Tusla in discharging its statutory responsibilities under the Child Care Acts must have the best interests of the child as its paramount consideration. It actively monitors every placement of every child in care to ensure its appropriateness to the needs of that child, and any concerns or breaches of standards or Regulations are addressed in this context.

At this time, the Department of Children is not considering a further extension of HIQA's remit to regulate and inspect private residential childcare services.

Both Tusla, the Child and Family Agency, and this Department remain committed to promoting safe and high quality practice in all areas of Alternative Care. This is achieved through the application of Regulations and Standards that govern the placement of children and young people.