Dáil Éireann Debate, Thursday - 28 May 2026
496. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether their Department considers the absence of centrally recorded outcome data relating to Emergency Care Order applications under section 13 of the Child Care Act 1991 to represent a governance or oversight gap. [41020/26]
View answer500. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether their Department receives periodic reports regarding the frequency, outcome or regional variation of Emergency Care Order applications under section 13 of the Child Care Act 1991. [41024/26]
View answerI propose to take Questions Nos. 496 and 500 together.
The Department of Children, Disability and Equality is responsible for the governance and oversight of Tusla, the Child and Family Agency. It does this through a range of mechanisms, including the Tusla Performance Framework, annual Performance Statements, the Oversight Agreement with Tusla and ongoing engagement with the Agency.
The Oversight Agreement sets out the respective roles and responsibilities of the Department and Tusla, including robust arrangements in relation to governance, reporting, performance monitoring and accountability at an organisational level. Within this context, issues relating to the overall operation and risks within child protection and welfare services, including the use of emergency interventions, may form part of high-level discussions.
Additionally, 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.
However, Tusla is statutorily independent in the performance of its functions under Section 8(11) of the Child and Family Agency Act 2013. Accordingly, the Department does not issue directions in relation to operational decision-making, including the proportionality, consistency or evidential thresholds applied in applications for Emergency Care Orders under Sections 12 and 13 of the Child Care Act 1991. Such decisions are a matter for Tusla, in accordance with the provisions of the Child Care Act 1991, relevant case law, and Tusla’s own policies and professional practice guidance, including Children First: National Guidance for the Protection and Welfare of Children.
