Dáil Éireann Debate, Thursday - 19 February 2026
519. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality whether her Department requires Tusla to conduct internal audit, quality assurance review, or evidential compliance review of emergency child removal applications; whether summary findings of such reviews are reported to her Department; and if she will make a statement on the matter. [13615/26]
Amharc ar fhreagraTusla, the Child and Family Agency holds statutory responsibility under the Child Care Act 1991 and other legislation to safeguard children who are not receiving adequate care and protection. This means assisting children, who have been, or are at risk of being abused, neglected or otherwise harmed, or whose parents are unable to provide adequate care or protection. The aim is to intervene early to provide a timely response that is appropriate and proportionate to the identified need. Tusla conducts this work in partnership with other statutory services, such as health, education, An Garda Síochána, local authorities, the voluntary sector and most importantly families and their communities.
Tulsa provides several alternative care arrangements. This includes the provision of foster care, residential care, and special care. When children need alternative arrangements, there are two different ways that this decision can be made:
• A Voluntary Agreement is reached by parents/guardians and Tusla, or
• A Statutory Order such as a Care Order is applied for in court.
Section 13 of the Child Care Act allows the District Court to grant an emergency care order to Tusla if there is reasonable cause to believe a child faces immediate and serious risk to their health or welfare. 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.
Tusla had 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.
Under the provisions of the Child and Family Agency Act 2013, Tusla is independent in the performance of its functions. The Department does not direct the day to day operations of Tusla. 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 off 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 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.
