Written Answers Nos. 441-460
441. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality to clarify whether her Department retains any policy, oversight, or reporting role in relation to follow-up actions arising from Section 12 removals under the Child Care Act 1991; and if so, to detail the mechanisms through which such oversight is exercised. [33693/26]
View answerBoth 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.
Where a member of An Garda Síochána has reasonable grounds for believing that there is an immediate and serious risk to the health or welfare of a child, the member may under section 12 of the Child Care Act 1991 (the Act), remove the child to a place of safety and deliver the child as soon as possible to the custody of Tusla, the Child and Family Agency. Tusla may then, following an assessment, apply to a Court for an emergency care order under section 13 of the Act. An emergency care order made by a Court places the child in the care of Tusla for a period of not more than eight days.
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. The Act provides for the statutory criteria that must be met in order for a child to be removed from the custody or care of their parents, including under sections 12 or 13 respectively. Consequently, the evidential standards and proportionality thresholds as they apply to those sections are set out in primary legislation and are interpreted through the associated case law.
Tusla has indicated that when children are removed from the custody of their parents under sections 12 and 13, the initial focus will be on seeking to return the child home once safety has been established. If safety cannot be established, then Tusla may make an application to a Court for an interim care order or "full" care order under Sections 17 or 18 of the Act, as appropriate. The Court adjudicates on such applications 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.
Court oversight of the granting of care orders, including emergency 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 is required by law to be independent in its work as set out in Section 8(11) of the Child and Family Agency Act 2013. It would not be appropriate for the Department to interfere with the professional judgement of Tusla staff in relation to specific cases. Rather than seeking to intervene in the day-to-day operations, and in keeping with the provisions of the Code of Practice for the Governance of State Bodies, the Department’s governance of Tusla is captured within its Oversight Agreement. The Oversight Agreement includes references to:
• the reporting arrangements between the Department and Tusla,
• the roles and responsibilities of key parties including the role of the Board of Tusla, its Audit and Risk Committee, its Chief Executive Officer and Executive Management team,
• how Tusla’s annual business plan and longer term strategy are aligned with the priorities of the Minister and of the Government,
• the monitoring arrangements including the formal engagements and different meetings between senior Departmental Official and staff in Tusla to ensure that its actions are properly aligned.
444. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether all deaths of children known to Tusla are subject to review by the National Review Panel; and if not, the criteria used to determine which cases are reviewed. [33696/26]
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.
445. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any audit, evaluation, or performance review of the National Review Panel has been conducted since its establishment; and if so, to provide details and findings. [33697/26]
View answer437. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality to detail the current legal powers of the National Review Panel in relation to compelling documentation, witness testimony, and inter-agency cooperation; and to outline the specific additional powers proposed under the Child Care (Amendment) Bill 2025. [33689/26]
View answerI propose to take Questions Nos. 445 and 437 together.
The National Review Panel (NRP) conducts reviews of child deaths and serious incidents, where the child is in care or is known to Tusla. The NRP is independent in the performance of its functions, making findings of fact and producing reports that are objective and independent of Tusla. The NRP produces reports that are factually based and identify points of learning to improve services provided to children and families.
The NRP operates under a guidance document issued by the Department of Children, Disability and Equality, which was last updated in 2021. The Guidance provides all main stakeholders with key information and direction regarding the review of deaths and serious incidents.
Officials regularly review NRP reports from the context of analysing the quality of services provided directly or indirectly by the Child and Family Agency to the child or young person concerned. In some instances, follow-up with the Child and Family Agency may be required. Where this is deemed necessary it can include requests for a written response from the Child and Family Agency, or a meeting with officials.
Additionally, NRP reports are reviewed by the Department within the context of driving change and identifying learning and good practice across both Alternative Care and Child Protection and Welfare services.
Where the NRP makes recommendations which fall outside the remit of both the Department of Children and the Child and Family Agency, officials within the Department ensure that these recommendations are brought to the attention of the appropriate departments or agencies across Government.
The Minster for intends to bring forward amendments via the Child Care (Amendment) Bill 2025, to place the National Review Panel on a statutory footing. This will further enhance the work of the National Review Panel, as well as strengthening its governance and independence, and its ability to compel information and witnesses in respect of all reviews that it undertakes.
446. Deputy Aidan Farrelly asked the Minister for Children, Disability and Equality if her Department or any bodies and agencies under her aegis use software and or products from a company (details supplied); and the duration and cost of the contract; and the services they avail of from the company. [33714/26]
View answerThe Department is currently collating the information requested and a reply will issue directly to the Deputy on this matter as soon as possible.
447. Deputy Keira Keogh asked the Minister for Children, Disability and Equality for an update on the potential extension of paternity leave beyond the two weeks currently legislated for; and if she will make a statement on the matter. [33731/26]
View answerAs the Deputy will be aware, there have been significant developments in entitlements for parents of working families in recent years. The Government is committed to supporting workers, including by extending paid leave for parents to allow them to spend more time with their child during their earliest years.
The Paternity Leave and Benefit Act 2016 provides the relevant parent (other than the mother of the child) with 2 weeks paid paternity leave. S.6(5) of the Act limits this entitlement in the case of multiple births to a single period of leave.
Under the Parent’s Leave and Benefit Act 2019, working parents are now entitled to nine weeks of paid parent's leave for each relevant parent, to be taken in the first two years after the birth or adoptive placement of a child. Parent's Leave is an individual separate entitlement and is non-transferable between parents.
Under the Parental Leave (Amendment) Act 2019, an employee who is a relevant parent in respect of a child under the age 12 is entitled to 26 weeks’ unpaid parental leave for each child. Where a child has a disability or long-term illness, the entitlement can continue until the child is 16. A relevant parent is a parent, an adoptive parent, or a person acting in ‘loco parentis’. Both parents have an equal, separate entitlement to parental leave.
The Work Life Balance and Miscellaneous Provisions Act 2023 was enacted on 4 April 2023, and introduces important entitlements for workers, including leave for medical care purposes for parents of children under 12, and the right to request flexible working for parents and carers. It transposes the Work-Life Balance Directive which specifically prevents the transfer of paid leave between parents in the interests of gender equality and of encouraging fathers as well as mothers to take such leave. Otherwise, there is a risk that only mothers would take the leave, potentially creating labour market disadvantages for them and that fathers would not be encouraged to take a greater share of their caring responsibilities.
A key priority in First 5, the whole of Government Strategy for babies, young children and their families (2019-2028) is to support parents to look after their babies at home for the whole of their first year given the benefits of parental care in that first year for children’s outcomes.
Family leave provisions are kept under review to ensure that they are effective and respond to the needs of families and are also mindful of the impact of the leaves on workplaces.
The Programme for Government - Securing Ireland's Future commits to examining the extension of Parent's Leave and Benefit and additional flexibilities. The new National Strategy for Women and Girls 2025-2030 was published on the 18th of November 2025. The first Action Plan under the new Strategy is currently being developed and will include actions to support working families in balancing the competing demands of family and work. The first Action Plan is due to be published in the coming months. Any further changes to supports and family leave entitlements will be considered within this context.
448. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the median and average length of time from a child’s entry into State care to the achievement of a permanency outcome, including reunification, adoption, guardianship, or long-term foster care, in each of the past five years; and if she will make a statement on the matter. [33782/26]
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.
449. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of children currently in State care who do not have an identified permanency pathway recorded in their care plan; and if she will make a statement on the matter. [33783/26]
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.
450. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of children in State care for more than two years who have not yet achieved a permanency outcome; and if she will make a statement on the matter. [33784/26]
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.
451. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of children in State care who have experienced three or more placement changes, in each of the past five years; and if she will make a statement on the matter. [33785/26]
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.
452. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department or Tusla maintains any national benchmarks, targets, or internal performance indicators in respect of time-to-permanency for children in care; if not, the rationale for the absence of such targets; and if she will make a statement on the matter. [33786/26]
View answer453. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any internal analysis, audit, or review has been undertaken in the past five years to assess delays in permanency planning for children in State care; if so, to provide details and findings; and if she will make a statement on the matter. [33787/26]
View answer454. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether Ireland benchmarks its performance in achieving permanency outcomes for children in care against other EU or comparable jurisdictions; and if so, to provide details of such comparisons; and if she will make a statement on the matter. [33788/26]
View answer456. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any statutory or policy-based maximum timeframe exists for achieving permanency for children in State care; if not, whether consideration has been given to introducing such a framework; and if she will make a statement on the matter. [33790/26]
View answer457. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the governance and oversight arrangements in place to monitor delays in permanency outcomes for children in State care, including any reporting obligations to her Department; and if she will make a statement on the matter. [33791/26]
View answerI propose to take Questions Nos. 452, 453, 454, 456 and 457 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. It would be inappropriate for the Department to interfere with the professional judgement of Tusla staff in specific cases, including in relation to permanency planning. The Department therefore does not specifically audit or review Tusla's decision-making in respect of permanency planning. Tusla’s permanency planning in respect of children in the care of the State focuses on ensuring children have stable and secure environment to reside in.
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.
All children in the care of the state deserve a permanent home and certainty about their future. In relation to data and reporting on the length of time children may spend in care before attaining permanency, it is important to note that permanency may look different for each and every child. While for some children permanency can mean adoption or a guardianship arrangements, for most children permanency entails an alternative care placement within the care of Tusla. A majority of these children are placed in foster care, which provides a loving and stable family environment.
Tusla publishes annual data in relation to children in care on its website: [www.tusla.ie/publications/review-of-adequacy-reports/]. This data includes information regarding the length of time children in care have spent in alternative care, at a given point in time. In addition, in 2022 the Department launched a research and data programme, Care Experiences: Journeys Through the Irish Care System, which is being run in close collaboration with the Child and Family Agency, Tusla. The Care Experiences Programme comprises a combination of primary research and administrative data analysis to examine and better understand the lives of children and young people in care and aftercare and adults who were in care as children, including permanency and their pathways through care more generally.
Tusla has advised that all placements of children in care are subject to review on a six-monthly basis for the first two years, and annually thereafter. These reviews consider and take account of the care plan for each child, including the permanency plan. Additionally, Tusla has developed a policy and operational document relating to permanency planning for children in care, the Pathways to Permanency Handbook. This document supports social work practitioners and decision makers in their aim to ensure stable and safe care placements for children.
Tusla has further advised that the objective of permanency planning is to provide children with the opportunity of reaching their full potential in a safe and secure base and secondly, to prevent drift in care when other more appropriate care solutions could be sought. A key component of permanency planning is concurrent planning which is an approach that involves social workers considering and pursuing all reasonable permanency options at the same time for children as soon as the children are admitted to care.
Where a child is in care for over two years or under a full care order and reunification is deemed unlikely then consideration is given to the various permanency options such as:
• placement with extended family under guardianship
• placement with relatives
• long term foster care
• fostering to adoption
Bringing a child into the care of the State and maintaining them there is a significant matter, which requires careful consideration of the specific circumstances of a child and their family. This consideration, whether by the Child and Family Agency or the Courts in relation to orders under the Act, must also have regard to the constitutional rights of all parties as they arise in each individual case. Within this context, the Department is advancing proposals within the Child Care (Amendment) Bill 2025 to support permanency for children in alternative care. This includes proposals to impose a maximum duration on Interim Care Orders and amendments to clarify the criteria and purpose of Voluntary Care Arrangements, which will be subject to regular review.
455. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of children who have remained in State care for more than five years without achieving reunification, adoption, or guardianship; and if she will make a statement on the matter. [33789/26]
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.
458. Deputy Barry Ward asked the Minister for Children, Disability and Equality if she will provide a list of all capital projects, including early years, childcare and disability infrastructure projects, delivered under the remit of her Department, and bodies under its aegis, which have been completed on time and within budget in Dublin in each of the past five years, in tabular form; and if she will make a statement on the matter. [33824/26]
View answerThe Department is currently collating the information requested and a reply will issue directly to the Deputy on this matter as soon as possible.
459. Deputy Shane Moynihan asked the Minister for Children, Disability and Equality whether St. Clare’s Baby Home, Stamullen, County Meath, is included in the mother and baby institutions payment scheme; the rationale for its inclusion or exclusion; and if she will make a statement on the matter. [33855/26]
View answerThe Mother and Baby Institutions Payment Scheme provides payments and health benefits to people who spent time in any of the Mother and Baby or County Home Institutions. These were institutions that were identified by the Mother and Baby Homes Commission of Investigation as having a main function of providing sheltered and supervised ante and post-natal facilities to single mothers and their children. The institutions covered by the Payment Scheme are set out in Schedule 1 to the Mother and Baby Institutions Payment Scheme Act 2023.
Chapter 2 of the Social History section of the Commission of Investigation report - [www.gov.ie/en/publication/89e43-chapter-2-institutions/] - details the different types of institutions that existed and whether they could be considered Mother and Baby Institutions. St Clare's is described as an adoption society that is associated with St Joseph's, Stamullen, which is listed as a residential children's home. The institutions at Stamullen did not provide ante and post-natal facilities, and therefore they are not included in the Mother and Baby Institutions Payment Scheme.
While the 2023 Act lists all of the Mother and Baby Institutions identified by the Commission, section 49 of the Act further provides that, if it were to come to light that an institution, in which the State had a regulatory or inspection function, fulfilled a similar function with regard to single women and their children as those included in the Payment Scheme, the then Minister, with the consent of the Minister for Public Expenditure, may insert an additional institution into the Schedule.
The Government recognises that there are people who suffered stigma, trauma and abuse in other institutions. It should be noted that the Payment Scheme is just one of a large suite of actions being undertaken to respond to the legacy of these institutions under the Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions and the current Programme for Government has underlined continued commitment to its ongoing delivery. Of the seven major commitments set out in the Action Plan, six are now delivered and in place, while the seventh is well underway. Key actions include access to birth information, the services of the Special Advocate and counselling support, all already in place, as well as the ongoing development of a National Centre for Research and Remembrance.
460. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the funding streams or grant schemes that are currently available through her Department or Tusla to support registered charities providing counselling and therapeutic supports to children and young people; and if she will confirm whether such organisations may apply for Tusla funding or Departmental programme funding. [33864/26]
View answerThe Department is currently collating the information requested and a reply will issue directly to the Deputy on this matter as soon as possible.
