Dáil Éireann Debate, Tuesday - 10 February 2026
925. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the statutory and policy thresholds applied by Tusla when seeking emergency removal orders under the Child Care Act 1991; whether her Department has reviewed the proportionality and consistency of their use; and if she will make a statement on the matter. [9377/26]
View answer927. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department has undertaken any review of cases where emergency child removals were later found to be based on incorrect or withdrawn allegations; the redress mechanisms available to affected families; and if she will make a statement on the matter. [9379/26]
View answerI propose to take Questions Nos. 925 and 927 together.
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.
Both Tusla, the Child and Family Agency (Tusla), and the Department are committed to promoting safe and high-quality practice in all areas of Alternative Care. This is achieved through the thorough application of regulations and standards that govern Alternative Care on behalf of the State, and is underpinned by the provisions of the Child Care Act 1991.
The Act 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 State in that regard, which aim to improve outcomes for looked after children.
Part III, Section 12 of the Act relates to the removal of a child by An Garda Síochána where there is an immediate and serious risk to the health or welfare of a child. Section 13 of the Act relates to the application by Tusla for emergency care orders where there is an immediate and serious risk to the health or welfare of a child.
Tusla has advised that in practice, this means that where a child is believed to have been subjected to harm where the impact of that harm has posed an immediate and serious risk to the child, and that no other measure could be established that removes the likelihood of a such a risk of future harm occurring, the Agency has a statutory duty to make an application to the court under Section 13 of the Act. Section 13(1) of the Act sets out the thresholds that need to be met before the District Court can grant an emergency care order. The agency is bound by the court decision.
Child protection and welfare services operate in situations of uncertainty and risk where decisions are typically made though an ongoing participative assessment and safety planning process. The primary focus of Tusla is not on making findings against a person but on how safe a child will be from the harm.
Even when children are removed, the initial focus will be on seeking to return the child home once safety has been established. If safety cannot be established, then the Court adjudicates on applications for interim care orders or full care orders where all parties are represented and when a child is appointed their own guardian ad litem.
Tusla, in discharging its statutory responsibilities under the relevant Acts, must at all times have the best interests of the child as its paramount consideration.
Under the Programme for Government 2025, Securing Ireland's Future, the Government has made a number of commitments with a view to strengthening the Child and Family Agency, Tusla, and protecting children, which include updating the Child Care Act, 1991, to ensure it reflects our current child protection environment.
Within this context, the Minister is advancing proposals within the Child Care (Amendment) Bill 2025, which is awaiting Committee Stage in Dáil Éireann, to establish principles to guide the Child and Family Agency in the performance of its obligations and duties under the 1991 Act and under subsection 8(1) of the Child and Family Agency Act 2013. These principles foreground the best interests of the child, which is the paramount consideration for the Agency.
