Dáil Éireann Debate, Thursday - 19 February 2026
517. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department receives, on an annual or periodic basis, aggregated statistical reports from Tusla on the number of emergency child removal applications made under Section 13 of the Child Care Act 1991; whether such reports include age breakdowns, including children under one year of age; and if she will make a statement on the matter. [13613/26]
Amharc ar fhreagra518. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether she requires Tusla, under any governance framework agreed with her Department, to report on the outcomes of emergency child removal proceedings, including rates of reunification, care orders, guardianship or adoption; and if she will make a statement on the matter. [13614/26]
Amharc ar fhreagra520. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department has sought or received any data from Tusla in the past five years regarding emergency child removal applications in which material allegations were subsequently amended, withdrawn, or corrected during proceedings; and if she will make a statement on the matter. [13616/26]
Amharc ar fhreagra521. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether any national policy guidance, approved or noted by her Department, requires Tusla to apply additional procedural safeguards, specialist assessment protocols, or disability-informed practice standards when child protection proceedings involve a parent with a diagnosed autism spectrum condition or intellectual disability; and if she will make a statement on the matter. [13617/26]
Amharc ar fhreagra522. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether she has issued, or is considering issuing, any general policy direction to Tusla under the Child and Family Agency Act 2013 in relation to evidential standards, proportionality thresholds, or quality assurance mechanisms in emergency child removal cases; and if she will make a statement on the matter. [13618/26]
Amharc ar fhreagra523. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether the Tusla Board is required to report to her Department on governance risks or systemic concerns arising from emergency child removal decisions; and if she will make a statement on the matter. [13619/26]
Amharc ar fhreagraI propose to take Questions Nos. 517, 518 and 520 to 523, inclusive, together.
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. 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 publishes annual data in relation to the legal status of children in its care: www.tusla.ie/publications/review-of-adequacy-reports/
These reports outline the number of children coming into care for the first time under a section 13 emergency care order, in a given year. This information is not broken down by age.
Both 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 Health Information and Quality Authority (HIQA) monitors the quality of service provided by the Child and Family Agency to protect children and to promote the welfare of children. The Authority monitors the performance of the Child and Family Agency against the National Standards for the Protection and Welfare of Children and advises the Minister and Tusla, the Child and Family Agency. The National Standards state that in safe and effective services, social workers are supported in making appropriate evidence-based assessments and decisions and managing risk to provide interventions and supports that are more likely to protect children not receiving adequate care and protection.
HIQA submits its Inspection Reports to the Department, and where necessary the Reports are analysed and escalated within the Department to Senior Management. The Department engages with Tusla on the implementation of compliance plans when deemed necessary.
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.
The Department’s oversight of Tusla extends to the control environment it has in place including the work of its Audit and Risk committee which, in turn, is responsible for the oversight of the identification and management of risks in the organisation.
The Department also works with the Board of Tusla in ensuring that it is in compliance with the provisions of the Code of Practice for the Governance of State Bodies and seeks corroborating evidence on the controls it operates in providing effective leadership and direction to the organisation.
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 include that Tusla shall regard the best interests of the child as the paramount consideration.
