Written Answers Nos. 908-927
908. Deputy Maurice Quinlivan asked the Minister for Children, Disability and Equality for an update on the case of a person (details supplied) who, having been referred in 2024 for an assessment of needs at East Limerick Children’s Disability Network Team, has yet to receive an appointment date; and if she will make a statement on the matter. [10135/26]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
909. Deputy Barry Heneghan asked the Minister for Children, Disability and Equality the number of decision making assistance agreements, co-decision making agreements and decision making representation orders currently in force; the number of cases in which a parent or close family member has been appointed under each category; the average processing or waiting times for families engaging with the Decision Support Service and the courts to formalise such arrangements; whether her Department has identified delays or barriers in this process; and if she will make a statement on the matter. [10354/26]
View answerI thank the Deputy for their question regarding the Assisted Decision-Making (Capacity) Act 2015.
Three types of tiered decision support arrangements were introduced under the 2015 Act, namely, decision-making assistance agreements (DMAAs), co-decision-making agreements (CDMAs) and decision-making representation orders (DMROs). Under the Act a DMRO is the highest tier of decision support arrangement available. A key objective of the 2015 was ensuring that all decision-making arrangements are tailored to the specific needs of the adult in line with their will and preferences.
As of the end of January 2026, there were 202 DMAAs notified to the DSS for legal effect. In addition, 185 CDMAs were registered by the DSS, as well as 2,014 DMROs.
It is important to note that under the 2015 Act, DMAAs and CDMAs are considered to be voluntary arrangements, and it is always the adult themselves who makes the appointment, choosing a person whom they know and trust and who is deemed suitable to carry out the functions required.
Neither the Decision Support Service nor the Courts Service hold figures on the number of DMAAs, CDMAs and DMROs where a parent or close family member have been appointed. In the case of CDMAs, Section 17(2) of the Act prescribes that a person is suitable to take on the role if they are a relative or friend who has had such close personal contact with the individual over such a period of time that a relationship of trust has been established.
I am advised by the Decision Support Service that current processing times for CDMAs are 10-12 weeks from date of submission of a full and complete application, which includes a 5-week statutory objection period.
I am further advised by the Courts Service that the median time from the date of issue of proceedings to the date a DMR Order was granted in 2025 was approximately 10 weeks.
A review of the operation and effectiveness of the 2015 Act is provided for under the legislation and is also a commitment in the Programme for Government. This review will take place in consultation with a wide range of stakeholders and will be informed by feedback from those with lived experiences of the provisions of the Act.
910. Deputy Barry Heneghan asked the Minister for Children, Disability and Equality whether her Department has examined the operation of (details supplied) in cases involving adults over 18 years-of-age with severe intellectual disabilities and complex additional needs, particularly where parents who have been lifelong carers are no longer formally recognised in decision making processes; the steps which are being taken to ensure that parents are not unnecessarily excluded from supporting the will and preferences of their son or daughter following their transition to adulthood; and if she will make a statement on the matter. [10355/26]
View answerI thank the Deputy for their question regarding the Assisted Decision-Making (Capacity) Act 2015.
Safeguarding the rights of those with diminished decision-making capacity and privileging their will and preferences were key principles in the development of the new framework of supported decision-making arrangements introduced by the 2015 Act. These safeguards include the requirement for a functional assessment of the adult’s decision-making capacity, statutory notice periods before an arrangement can be registered by the Decision Support Service, reporting and oversight measures once the arrangement has been registered, and regular reviews of an individual’s capacity where a decision-making representation order has been put in place.
In that regard, a decision-making representation order is the highest tier of decision support arrangement available under the Act and is therefore subject to the strongest safeguards. Other arrangements available under the Act include decision-making assistance agreements and co-decision-making agreements.
It is important to note that parents and carers are not excluded from becoming a decision supporter for an adult under any of these arrangements. While there is a requirement under section 36 of the 2015 Act for parents and carers to seek the consent of the Court prior to making an application for a decision-making representation order, there are no barriers to a parent or carer becoming an adult’s decision-making representative if the Court determines that this is in line with the adult’s known will and preferences and if that person or persons are deemed suitable to act as such. The Court will also consider the desirability of preserving existing relationships within the family of the individual, the relationship (if any) and compatibility of the individual and a proposed representative, and whether a proposed representative will be able to carry out the necessary functions. The Court will also have regard for the skills, qualifications and experience of the proposed representative, and whether or not they have the capability of managing the individual’s property and affairs if required. Where no suitable representative is able or willing to act as a decision-making representative, the Court will request that the Decision Support Service (DSS) nominates a representative from their panel of decision-making representatives to take on that role.
I appreciate the role of many parents and carers as strong advocates for adults with diminished capacity. However, the 2015 Act was developed to ensure that the rights of those with capacity difficulties are placed front and centre, to account for situations where parents and carers may not have maintained such a strong relationship with the adult, and where the absence of the Court process may be a safeguarding risk. This ensures that the appropriate and necessary safeguards are in place to protect the rights and autonomy of those with diminished decision-making capacity.
A review of the operation and effectiveness of the 2015 Act is provided for under the legislation and is also a commitment in the Programme for Government. This review will take place in consultation with a wide range of stakeholders and will be informed by feedback from those with lived experiences of the provisions of the Act.
911. Deputy Seán Ó Fearghaíl asked the Minister for Children, Disability and Equality if further to statements (details supplied) she will consider the serious issues raised in related correspondence. [10401/26]
View answerSensational Kids is an organisation delivering interventions to children over the last 10 years. It operates as a child development centre, providing subsidised therapy services for children and professional development training workshops for those working with children with special needs.
Sensational Kids employs approximately 30 staff, including a clinical team across child development centres in Kildare, Mayo, Monaghan and West Cork, providing supports such as occupational therapy, speech & language therapy and play therapy.
The HSE advises that it engaged with the CEO of Sensational Kids in 2023 and confirmed its commitment to working with them in supporting children with disabilities to access supports. Further meetings took place between both parties in 2023 and 2024 regarding a waitlist initiative for intervention and a building proposal for a National Child Development Centre and clarification was provided by the HSE regarding the steps and documentation that are required for completion of a capital submission.
With respect to the National Child Development Centre, HSE have advised the Department that several guidance meetings took place across 2024 and 2025.
A capital application was submitted by Sensational Kids; however, it was not aligned with the Regional priorities. This was communicated directly to Sensational Kids during the meeting held on 15th August 2025 with HSE representatives.
At that meeting, the HSE outlined the rationale behind its decision, which is based on future plans to expand Children’s Disability Network Teams (CDNTs) and Primary Care services to ensure equitable, accessible, and sustainable care within local communities.
Disability Services, Dublin South, Kildare & West Wicklow (DSKWW) continue to work with Sensational Kids who complete assessments for the Assessment of Need process in this area.
There was a specific procurement process by the HSE regarding Assessment of Needs and Sensational Kids were found suitable for this process, based on the certain specified criteria relating specifically to provision of assessment services. This is entirely distinct from any engagement with regard to other forms of service provision or capital investment.
The HSE have noted that while not in a position to support a national therapeutic centre, they remain open to engaging with Sensational Kids should the proposed service be reframed as a respite service rather than a therapeutic service, in line with identified needs and strategic priorities.
Officials in the Department will engage with officials in the Department of An Taoiseach, the Department of Justice, Home Affairs and Migration and the team in Sensational Kids to arrange a meeting to discuss the current funding situation.
912. Deputy Peter Roche asked the Minister for Children, Disability and Equality the number of children currently engaged with or referred to Children's Disability Network Teams who are awaiting a diagnostic assessment, by CHO area, length of time waiting, in tabular form; and if she will make a statement on the matter. [10489/26]
View answerAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
913. Deputy Carol Nolan asked the Minister for Children, Disability and Equality the progress she has made on implementing recommendations for disability support services; the specific improvements she has targeted for community-based facilities in County Offaly; and if she will make a statement on the matter. [9186/26]
View answerFollowing clarification from the Deputy, the Action Plan for Disability Services 2024-2026 represents the first phase of implementing the recommendations of the Disability Capacity Review to 2032. It sets out a range of actions designed to provide better access to disability services. It intends to maximise the impact of service delivery through strategic change and to enable better planning and management through improved information and systems.
The Action Plan targets are reliant on a variety of dependencies to enable their delivery, such as funding, workforce, capacity at an organisational level within service providers. Progress achieved under the Action Plan is documented in progress reports, which are published on my Department's website.
As this question relates to services, I have referred the matter to the HSE and have requested that the HSE respond directly to the Deputy.
914. Deputy Richard Boyd Barrett asked the Minister for Children, Disability and Equality if she will review the case of a child (details supplied); and if she will make a statement on the matter. [9222/26]
View answerAs this question refers to the service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
915. Deputy Ryan O'Meara asked the Minister for Children, Disability and Equality the supports and services available to assist a child in preschool, who is not deaf, transition from Lámh to ISL; if any such service is available through their CDNT service; and if she will make a statement on the matter. [9243/26]
View answer917. Deputy Ryan O'Meara asked the Minister for Children, Disability and Equality the supports and services available to assist a child (details supplied) transition from Lámh to ISL; and if she will make a statement on the matter. [9245/26]
View answerI propose to take Questions Nos. 915 and 917 together.
As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
916. Deputy Ryan O'Meara asked the Minister for Children, Disability and Equality the supports and services available to assist a child in preschool,who is not deaf, transition from Lámh to ISL; and if she will make a statement on the matter. [9244/26]
View answerThe Access and Inclusion Model (AIM) is a programme of supports designed to ensure that children with disabilities or additional needs can access the Early Childhood Care and Education (ECCE) programme. The goal of AIM is to empower early learning and care providers to deliver an inclusive pre-school experience, ensuring that every eligible child can meaningfully participate in the ECCE programme and reap the benefits of quality early learning and care in any mainstream service participating in ECCE.
A core feature and strength of AIM is that it does not require a diagnosis. Instead, resources are allocated based on a child’s individual needs.
One of the CPD courses provided as an AIM support to settings is a Lámh course. Lámh is a manual sign language system used by children and adults with intellectual disability and communication needs.
Consideration is being given to how Irish Sign Language (ISL) supports could be provided in preschool settings.
918. Deputy Niall Collins asked the Minister for Children, Disability and Equality if a response will issue to matters raised in correspondence (details supplied); if proposals are being considered in relation to same; and if she will make a statement on the matter. [9270/26]
View answerImproving access to quality and affordable Early Learning and Care and School Age Childcare is a key priority of Government.
Early learning and childcare capacity is increasing. Data from the Annual Early Years Sector Profile 2024/25 shows that the estimated number of enrolments increased by approximately 25% from the 2021/22 programme year. However, it appears that demand for early learning and childcare remains higher than available supply in certain parts of the country, particularly for younger children.
The Department continues to support the ongoing development and resourcing of Core Funding which has given rise to a significant expansion of places since the scheme was first introduced. Core Funding, which is in its fourth programme year, funds services based on the number of places available.
This provides stability to services, and reduces the risk associated with opening a new service or expanding an already existing service. For the third programme year (2024/25), the allocation for Core Funding allowed for a 6% increase in capacity. Budget 2025 secured funding for the fourth programme year (2025/6) to facilitate a further 3.5% increase from September 2025. Budget 2026 has made provision for the fifth programme year (2026/7) for a further expansion in supply of 4.2%.
This increased investment will allow increases in the natural growth of the sector driven both by new services joining the sector and existing services offering more places and/or longer hours to families.
The total allocation for Core Funding in 2026/2027 programme year will increase to €436.54 million, an additional €43.90 million on the current full year allocation.
The Government is also supporting the expansion of capacity through capital funding. The Building Blocks Extension Grant Scheme is designed to increase capacity in the 1–3-year-old, pre–Early Childhood Care and Education, age range for full day care. Core Funding Partner Services could apply for capital funding to physically extend their premises or to construct or purchase new premises. The Scheme will deliver up to 1,500 full-day care places for 1- to 3-year-olds.
I recently announced €135 million of capital investment over the coming five years for State-led services to provide high-quality, accessible early learning and childcare. The process will begin in 2026 with investment in buildings in what will be a ground-breaking initiative.
Up to eight buildings will be selected for investment this year. The State-led initiative will provide thousands of places up to 2030.
The level of investment will ramp up over the lifetime of the Government. The initial approach is on purchasing and refurbishment of buildings given that this is a faster route to delivery in the short term. However, the option of building new facilities will also be considered over subsequent years.
The Department is assessing sites and buildings which align with the goals of the programme and, where required, will seek expressions of interest from operators to deliver these State-led services.
The Department funds 30 City/County Childcare Committees, which provide support and assist families and early learning and childcare providers. The network of 30 City/County Childcare Committees across the country can assist in identifying vacant places in services for children and families who need them and engage proactively with services to explore possibilities for expansion among services, particularly where there is unmet need.
Parents experiencing difficulty in relation to their early learning and childcare needs should contact their local City/County Childcare Committee for assistance. Contact details for the Limerick Childcare Committee may be found at www.limerickchildcare.ie
919. Deputy Aisling Dempsey asked the Minister for Children, Disability and Equality if she intends to amend the Assisted Decision Making (Capacity) Act 2015 to allow families remain as decision makers for children who mature physically and in age, but not in mental capacity, without the need to apply to the courts; and if she will make a statement on the matter. [9276/26]
View answerI thank the Deputy for their question regarding the Assisted Decision-Making (Capacity) Act 2015 and the process of applying to Court for a decision-making arrangement when an adult has reached 18 years of age. An application to court is a key process under Parts 5 and 6 of the Assisted Decision-Making (Capacity) Act (2015 Act).
Under Part 5, Decision-making representation orders (DMROs) are the highest tier of decision support arrangement available and are therefore subject to the strongest safeguarding requirements and protections, including an application to the Circuit Court. Additionally, under Part 6 of the 2015 Act, a ward who reaches the age of 18 must have a capacity declaration made by the Court in respect of that same ward. The court application processes under these Parts were included with the safeguarding of adults in mind.
Safeguarding the rights of those with decision-making difficulties and privileging a person’s will and preferences were key principles of the new framework of supported decision-making arrangements that were introduced by the 2015 Act. As part of the process for putting in place any decision-making arrangement, adults must undergo a ‘functional capacity assessment’ performed by a medical practitioner or other specified healthcare professional, whereby capacity is assessed on an issue and time-specific basis. In addition, as part of any Court application process, the adult will be provided the opportunity to be heard. These safeguarding measures work to ensure that the adult’s will and preferences are at the forefront of any decisions made regarding the adult, with particular regard to who will serve as the adult’s decision-making supporter.
I appreciate the role of many parents and families as strong advocates for adults with diminished capacity. However, the 2015 Act was drafted in a manner that ensures that the interests of those with capacity difficulties are placed front and centre, to account for situations where parents and family members may not have maintained such a strong relationship with their adult children, and where the absence of the Court process may be a safeguarding risk. This ensures that the appropriate and necessary safeguards are in place to protect the rights and autonomy of those with diminished decision-making capacity.
It is important to note that under the 1995 Legal Aid Act, a person is eligible for legal aid in circumstances where an application is to be made to Court for the appointment of a decision-making representative or for a declaration of capacity regarding a ward of court. The Legal Aid Board can provide legal advice and legal representation in proceedings before the Court; however, a financial means test may apply. More information can be found on the Legal Aid Board website at: www.legalaidboard.ie/our-legal-aid-service/how-we-can-help-you/assisted-decision-making-act-2015/
Applications for legal services to the Legal Aid Board seeking legal representation in respect of applications to Court for the appointment of a decision-making representative are treated with priority by the Legal Aid Board.
A review of the operation and effectiveness of the 2015 Act is provided for under the legislation and is also a commitment in the Programme for Government. This review will take place in consultation with a wide range of stakeholders and will be informed by feedback from those with lived experiences of the provisions of the Act.
920. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of cases, in each of the past five years where Tusla initiated emergency child removal proceedings and where one or more material allegations were subsequently withdrawn, admitted being unfounded, or corrected; and if she will make a statement on the matter. [9372/26]
View answerAs this question relates to operational information held by Tusla, the Child and Family Agency, the question has been referred to the Agency to reply directly to the Deputy.
921. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the safeguards in place to ensure that emergency child protection applications made by Tusla are based solely on verified and contemporaneous evidence; whether her Department has assessed the impact of later-withdrawn or incorrect allegations on District Court decisions; and if she will make a statement on the matter. [9373/26]
View answer928. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department collects and publishes aggregate data on withdrawn allegations, failed emergency applications, or post-hoc corrections in Tusla child protection cases; and if she will make a statement on the matter. [9381/26]
View answerI propose to take Questions Nos. 921 and 928 together.
The Department receives monthly and quarterly Performance and Activity Reports from Tusla which are published by Tusla on its website.
The Tusla Performance and Activity Reporting site and associated Data Catalogue are both key elements of improved capability for Tusla Data Management and have been implemented to facilitate open data and data management developments in Tusla.
Tusla has a statutory obligation to safeguard children under the Child Care Act, 1991. Section 3 of the Child Care Act 1991 places a statutory responsibility on Tusla to promote the welfare of children who are not receiving adequate care and protection.
Tusla has a statutory duty to respond to reports of children who are not receiving adequate care and protection. In cases where a report is withdrawn, Tusla will consider the context of any withdrawn report as part of the wider assessment. Tusla assesses the information received and the child and family’s situation and provides appropriate social work intervention and family support services.
Where necessary, and as a last resort, children are received into the care of Tusla.
Children First: National Guidelines for the Protection and Welfare of Children has been the national guidance for social workers, professionals, organisations, and individuals to help keep children safe and protected from harm.
Tusla Social Work Practitioners are guided in their practice by a suite of policies and procedures that include: practice guidance, protocols, court guidance, handbooks and guidelines to assist in their daily work of safeguarding children.
Social Work Practitioners carry out assessments of children in line with Tusla Standard Business Process which is an integrated child protection and welfare system to look after every child and manage every case from first contact through to closure of a case. Tusla practitioners apply their professional knowledge and expertise to carry out assessments on all allegations of abuse regarding children to determine risk posed to children and plan accordingly.
Tusla have robust governance structures in place to ensure oversight of all services provided by the agency in protecting children and supporting families.
922. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of cases, in each of the past five years, in which Tusla child protection proceedings involved a parent with a diagnosed autism spectrum condition or intellectual disability; whether additional safeguards or assessment protocols apply in such cases; and if she will make a statement on the matter. [9374/26]
View answer924. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the disciplinary procedures that apply where a Tusla social worker provides inaccurate, incomplete, or misleading information to a court; the number of disciplinary actions taken in such circumstances in the past five years; and if she will make a statement on the matter. [9376/26]
View answer926. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the governance arrangements governing the reliance by Tusla on hospital-based child protection reports when initiating emergency proceedings; whether there is a requirement for independent verification prior to court applications; and if she will make a statement on the matter. [9378/26]
View answerI propose to take Questions Nos. 922, 924 and 926 together.
Statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. The Deputy is seeking information in relation to an operational matter for Tusla. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.
923. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality to outline the mandatory training requirements for Tusla social workers in respect of autism, neurodiversity, and disability awareness; the frequency with which such training is refreshed; and whether compliance with these requirements is monitored by her Department. [9375/26]
View answerI wish to inform the Deputy that the Department’s officials have asked Tusla to respond directly to you on this matter. For clarity, the Department does not have a compliance-monitoring role in respect of non-statutory training requirements established by Tusla. As such, we do not monitor adherence to internal or self-directed training obligations set by Tusla for its staff.
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.
