Tusla, the Child and Family Agency, is required by law to be independent in its work as set out in Section 8 (11) of the Child and Family Agency Act.
It is important to state that while Tusla acts as the guardian of children in care, care orders under the Act are granted by the Courts. Court oversight of the granting of care orders is a key aspect of upholding the rights of parents and families, and ensuring that children are taken into care only where it is found that they are unlikely to receive the care or protection they need unless a Court makes a care order in respect of that child.
Tusla has advised that it recognises the importance of children living with their families, where possible. Where a child has been taken into care, Tusla works to achieve reunification where this is in the best interests of the child. In the interest of improving the support network around children, even where that child may be in care, Tusla has stated that its workers advocate on behalf of parents to secure support services. These could include addiction or mental health services, housing and income supports, as well as parenting and family supports.
In the event that a child remains in care long-term, Tusla has advised that the supports it offers to parents seeks to assist the parent in maintaining regular contact with the child by means of family access, where parent, child and siblings may visit or spend time with each other.
In respect of protecting children in care from harm, the Child Care Act 1991 is the primary piece of legislation governing the alternative care system. The Act is a wide-ranging piece of legislation, which, at its core, seeks to promote the welfare of children who may not be receiving adequate care and protection.
Consequently, the Act sets out a detailed statutory framework, which includes but is not limited to provisions requiring Tusla to have regard to the best interests of the child, the thresholds for bringing children into care, the types of placements where they may be cared for, and the responsibilities of the State in respect of looking after these children.
The placement of children in alternative care is also governed by Regulations and Standards for Foster Care, Residential Care, and Special Care. These Regulations and Standards set out the detailed criteria against which Tusla is inspected in its provision of alternative care services. The application of these Regulations and Standards promotes safe and high-quality practice in alternative care.
