Children in Care. The number of children in care nationally at the end of May 2011 was 6, 128 and is broken down as follows. 2

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1 Overview The predominant reasons children are admitted into the care of the HSE include: neglect/ physical abuse of a child; a parent unable to cope; a family member abusing drugs/alcohol; a child with emotional/behavioural problems. There has been a consistent increase in the total number of children in care in the last decade. Over the past ten years children and young people have been referred to child protection services, of which were recorded as having child protection needs. There are nearly 6000 children in care, of which the majority of children are in foster care. It must be noted that there is a deficit of data on children in the care system and their outcomes. Legislation The primary legislation regulating child care policy is the Child Care Act 1991 which brought in considerable changes in relation to children in care. 1 Until the main part of the Act was implemented in 1995, child care policy had been regulated by the 1908 Children Act. Number in Care 2011 The number of children in care nationally at the end of May 2011 was 6, 128 and is broken down as follows. 2 - Residential Care: Foster Care: Relative Foster Care: Other care placements: 152. Children in residential care had the highest percentage of written care plans at 93.7% and those in relative Foster care had the lowest percentage at 89.2%. Of those in Foster Care 92% had a written care plan The total number of children in care at end of October 2010 was There were 418 children nationally in residential care at the end of October This accounts for 7.4% of all children in care, an increase over Although the number of children in care over all 1 Available at: ( ). 2 HSE; May 2011 Performance Report on NSP 2011; p31. Available at: t.pdf (September ). 3 HSE; May 2011 Performance Report on NSP 2011; p31. Available at: t.pdf (September ). 4 HSE; October 2010 Performance Report on NSP

2 care types has been increasing; the trends indicate that the percentage of children in residential care as a proportion of all care types has remained constant around 7% Residential Care: 418 (7.4%) - Foster Care: 3418 (60.2%) - Relative Foster Care: 1683 (29.6%) - Other care placements: 163 (2.9%) A total of 5334 children were in care as follows: - Residential Care: 426 (8%) - Foster Care: 3196(60%) - Relative Foster Care: 1530 (29%) - Other care placements: 182 (4%) Of these 78 % had a current care plan and 88% had an allocated Social Worker. Social Workers Nationally at the end of May % of all children in care had an allocated social worker, with those in residential care exhibiting the highest percentage at 96.1% and those with relative foster carers. 6 This is an increase on 2010 when 91.9% of all children in care had a social worker. 7 The breakdown of young people with social workers by care type nationally for 2011 is: -residential care: 96.1% -foster care: 94.5% -foster care with relatives: 91.9% -Other care types: 96.1% According to the HSE restructuring of social work teams is taking place and developments have been made to support children and young people in making concerns or complaints to their social workers. There is a moratorium on the recruitment ban in the public sector for social workers and the HSE have confirmed that 200 extra social work posts were made available and filled in 2010, with a further 70 due in HSE; October 2010 Performance Report on NSP HSE; May 2011 Performance Report on NSP 2011; p31. Available at: t.pdf (September ). 7 As of October 2010; HSE; October 2010 Performance Report on NSP For July 2010 see HSE ( ). 8 As of April 2011; confirmed in a meeting with the HSE. 2

3 Gender Balance Boys make up 51% of children in care and girls 49%. While there are slightly more boys placed in residential care, in general gender does not affect placement type. However, a higher number of girls are placed in special care. In of the 32 admissions to special care were girls and 6 were boys. This is in contrast to the low number of girls in detention schools compared to boys. In of the 123 young people ordered by the Courts to be detained 94 (76%) were boys and 29 (24%) were girls. 9 Time in Care The HSE has limited statistics on the length of time children spend in care. It does record however that 1,983 (43%) of children have been in care for 5 years or more. 10 Risk Factors and Poor Outcomes: According to research, and evaluation about good practice, poor outcomes for children in care are typically associated with young people who have: experienced multiple care placements numerous changes of social worker unstable and transitory relationships with significant carers their education severely disrupted issues that they came into care with not appropriately addressed insignificant levels of contact with their families consistently denied age-appropriate opportunities for developing social networks and selfdependency skills received little preparation for leaving care been given little or no aftercare support left care in an unplanned way not been adequately consulted about arrangements for moving on from care Ryan Report p20 available at: ( ). 10 Ryan Report p20 available at: ( ). 3

4 Unchecked, these risk factors contribute towards poor outcomes for successive generations of care leavers. Child Deaths There were 188 child deaths in care between 2000 and 2010; 84 of which were unnatural deaths that were not investigated by the HSE and 67 were deaths due to natural causes. Children Missing from Care Children are defined as missing if they are absent from their care placement and the foster carer or staff member does not know where they are. From January to June 2010 a total of 196 children went missing from care. 12 As of August 2010 four of the 196 children were still reported missing. 13 The HSE has agreed a new joint protocol with An Garda Siochána which should provide an improved set of procedures and definitions to enable effective joint action on children who go missing from care. Duty of the Health Service Executive Under the Child Care Act 1991, the Health Service Executive (HSE) has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. When carrying out its statutory duty the HSE must have regard to the following: It is generally in the best interests of the child to be brought up in his/her own family; Having regard to the rights and duties of the parents, the welfare of the child is the first and paramount consideration and that, as far as is practicable, the wishes of the child should be considered. Among other things, the HSE is required to: Identify children who are not receiving adequate care and protection and to co-ordinate information on children from all relevant sources (note possible developments regarding exchange of soft information); 11 Kelleher, P; Kelleher, C; and Corbett, M; Left Out on Their Own ; Focus Ireland, Stein, M; What Works in Leaving Care ; Barnardos, Biehal, N; Clayden, J; Stein, M and Wade, J; Moving On: Young people and leaving care schemes ; HMSO, Broad, M; Young People Leaving Care ; Jessica Kingsley, Dáil Question 117 addressed to the Minister for Health and Children (Dr James Reilly) by Deputy Caoimhghin Ó Caoláin for written answer Dáil Question 117 addressed to the Minister for Health and Children (Dr James Reilly) by Deputy Caoimhghin Ó Caoláin for written answer

5 Provide child care and family support services with the aim of helping parents to care for their children and to avoid the need for such children to be taken into care (for example: parenting courses); Report annually on the adequacy of the child care and family support services. Voluntary Care If a child is in need of care and protection and is unlikely to receive it at home, then the HSE must take them into care. In some cases parents are unable to cope due to illness or other problems, and they may agree to their children being taken into care. This is known as voluntary care. In such cases while the HSE has care of the children it must consider the parents' wishes as to how the care is provided. The HSE is obliged to maintain these children for as long as their welfare requires it. At present the majority of children in care are in voluntary care (over 50%). Care procedures Under the 1991 Act there are a number of procedures which the HSE can use when dealing with children who are at risk or who are in need of care. The HSE may apply to the courts for a number of different orders which give the courts a range of powers including decisions about the kind of care, and the access to the children for parents and other relatives: 1. Emergency care orders 2. Care orders 3. Supervision order 4. Special care order. These orders involve the child being taken into care by the HSE. A supervision order however, involves the child being visited and monitored in their own home by the HSE. 1. Emergency Care Orders If the gardaí believe that there is an immediate and serious risk to the health or welfare of a child which cannot wait until an emergency care order is made, they have the power to enter the home and remove a child to safety. The HSE may either return the child to the parents/guardians or may apply to the District Court for an emergency care order. If the court is not due to sit within 3 days a special sitting must be arranged. Under this order a young person can only be kept in care for a maximum of 8 days. The HSE can apply for an emergency care order for a child who is still at home or for one who has been removed by the gardaí. This may be made without any notice being given to the parents or guardians of the child. 2. Care Orders Also referred to as full care orders. 5

6 The HSE must apply for a care order (or a supervision order) if a child needs care and protection which s/he is unlikely to receive without an order. The District Court judge may make an interim care order while the decision on a full care order is pending. This means that the child is placed in the care of the HSE for 8 days, or longer. A care order may be made when the court is satisfied that: The child has been or is being assaulted, ill-treated, neglected or sexually abused or that the child's health, development or welfare has been or is likely to be impaired or neglected; The child needs care and protection which he/she is unlikely to receive without a care order. When a care order is made the child remains in the care of the HSE for the length of time specified by the order or until the age of 18 when he/she is no longer a child. The HSE has the rights and duties of a parent during this time. Interim care orders are for a maximum of 8 days but may be extended, and interim special care orders are for a maximum of 28 days but may be extended. 3. Supervision Orders A supervision order is an alternative arrangement to children being taken into the care of the HSE, and can be made for a maximum of 12 months but may be renewed. Sometimes, during the course of an application for a care order the court may decide that a care order is not necessary or appropriate, but that the child should be visited regularly by the HSE, and a supervision order is then made. It may be made instead of a care order or while waiting for a decision on a care order. A supervision order gives the HSE the authority to visit and monitor the health and welfare of the child in question and to give the parents any necessary advice and support. The order is for up to a maximum of 12 months but may be renewed. 4. Special Care Orders The HSE must apply for a special care order or an interim special care order where a child needs special care and protection and is unlikely to get it unless such an order is made. It can be made for a maximum of 6 months but may be extended. The HSE must convene a family welfare conference before applying for the order. The court may make a special care order if it is satisfied that: The child's behaviour poses a real and substantial risk to his/her health, safety, development or welfare and, The child needs special care and protection which s/he is unlikely to get without such an order A special care order means that the child is committed to the HSE's care for as long as it remains in force. It authorises the board to provide appropriate care, education and treatment and to detain a child in a special care unit. The order will usually be for a period between 3 and 6 months but may be extended. 6

7 Interim special care orders may be made before the normal procedure for a special care order is complete. Such orders will mean that the child may be detained in a special care unit for up to 28 days. If the gardaí have reason to believe that there are grounds for a special care order but the child's protection cannot wait for the procedures to be completed in the normal way, they may place the child in the custody of the HSE. The HSE must then apply for an interim special care order. Separate Representation for the Child All decisions by the court are based on the best welfare of the child principal. The court may therefore order that the child be joined as a party to the care proceedings with its own separate legal representation paid for by the HSE. If the child is not a party to the proceedings the court may appoint a guardian ad litem (GAL) to speak for the child. 15 Family Welfare Conferences Since 2004, the Children Act 2001 provides for family welfare conferences for children at risk from their own behaviour. The family welfare conference is a mechanism for early intervention and the conference may be convened when the Children s Court directs the HSE to do so, or when the HSE believes that a child who requires special protection will only receive it through a special care order. The function of a family welfare conference is to decide if the child is in need of special care or protection and if so, to recommend to the HSE that it applies for a special care order. If not, the conference may make appropriate recommendations to the HSE, including, if necessary, a recommendation that the HSE apply for a care order or a supervision order. The conference may be attended by the child, the parents or guardians, any guardian ad litem, other agreed relatives, HSE officials and any other required expert. When the HSE receives the conference recommendation, it may: Apply for a special care order or Apply for a supervision order or a care order or Provide any appropriate help or service for the child or his/her family Family welfare conferences have legal privilege and therefore any information, statement or admission disclosed at such a conference will not be admissible in evidence in court. Children in HSE care When a child is in the care of the HSE there are a number of different ways in which care can be provided. Regardless of the type of care chosen the HSE must facilitate reasonable access to the child s parents or other relatives of the children in its care. 15 A Guardian Ad Litem is an independent person appointed by the court to represent the wishes and interests of a child in court proceedings. 7

8 Foster care Where possible the HSE tries to place the child with foster parents, and the majority of children currently in care are place in Foster Care. The Child Care (Placement of Children in Foster Care) Regulations 1995 require that a care plan for the child be drawn up which sets out, among other things, the support provided to the child and the foster parents and the arrangements for access to the child in foster care by parents or relatives. 16 Residential care Residential care can be in a home run by the HSE, a children's residential centre registered under the 1991 Act, a school or other suitable place of residence. The Child Care (Placement of Children in Residential Care) Regulations 1995 state the requirements for placing children in residential care and the standards for residential centres. 17 The centres are subject to inspection by the Health Information and Quality Authority (HIQA). Special Care Units Children taken into care under special care orders or interim special care orders are place in special care units. The HSE may provide and maintain special care units or make arrangements with voluntary bodies to provide and operate them. Relative Foster Care - Placing children with relatives The Child Care (Placement of Children with Relatives) Regulations 1995 provides for relatives to receive an allowance for caring for a child placed with them by the HSE. 18 The regulations set out the arrangements for the placement and are broadly similar to the Foster Care Regulations. One of the major problems is that relative foster care has not been adequately inspected over the years. 16 Available at: ( ) 17 Available at: ( ) 18 Available at: ( ) 8