I propose to take Questions Nos. 894, 895 and 898 together.
Both this Department and Tusla, the Child and Family Agency are acutely aware of and concerned about the increased risk of exploitation of vulnerable young people. Child sexual exploitation (CSE) is a serious child protection and welfare concern, and all children are subject to safety planning processes, led by Tusla, where ongoing concern for their safety exists. Tusla has advised that these processes are inclusive of the Gardaí, other relevant professionals, the child, their parents, and agreed members of families' extended informal support network.
Tusla, supported by An Garda Síochána, developed its Child Sexual Exploitation Procedure which was implemented in February 2021, and was updated in August 2021. The Procedure assists professionals in identifying and protecting children who may be at risk of sexual exploitation. The aim of the CSE procedure is to assist Tusla staff in identifying, reporting, and supporting children who may be victims of child sexual exploitation.
In addition, Tusla’s National Garda Liaison Office (TNGLO) works with An Garda Síochána at a national level to ensure the effective implementation of the agreed joint policy and procedure. An Garda Síochána set up “Operation Cosnaím” to specifically respond to reports of CSE concerns for children in the care of Tusla. As part of “Operation Cosnaím” all concerns of suspected CSE must be notified to a centralised point in the Garda National Protective Services Bureau (GNPSB). Once a notification under “Operation Cosnaím” is received by GNPSB, it is reviewed and assessed. The Garda Notification is forwarded by GNPSB to a local Detective Superintendent, who will assign a member from the local Divisional Protective Services Unit to investigate. The local investigating Garda is responsible for ongoing engagement and cooperation with Tusla throughout the investigation process.
With respect to the designation of "open or non-restrictive residential care placements", residential care placements cannot and do not restrict a child or young person's liberty. The only care placement in which a child may be detained is special care, which, as you may know, is a secure placement intended to be a short-term therapeutic intervention for children who are at significant risk of harm to themselves or from others. Such a placement requires an order from the High Court. Decisions regarding individual placements are not subject to review by this Department, and must be made by experienced social workers, having regard for Tusla's operational independence as set out in Section 8 (11) of the Child and Family Agency Act.