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Frances Fitzgerald TD, Minister for Children & Youth Affairs has welcomed the approval by Government yesterday of a policy proposal brought forward to strengthen the legislative provisions for aftercare, by amending the Child Care Act, 1991 to provide for a statutory right to the preparation of an aftercare plan and to draft heads of legislation along the lines of the policy outlined.

Under the Child Care Act 1991 the Health Service Executive (HSE) has a statutory duty to promote the welfare of children up to 18 years. Children who are in need of care and protection which cannot be provided by their family are received into care. Notwithstanding improvements in recent years, it has been decided to strengthen the legislative provisions regarding aftercare to make explicit the Child and Family Agency’s (CFA) obligations in this area. It is proposed to impose a statutory duty on the CFA to prepare an aftercare plan for an eligible child. The aim is to create an explicit, as opposed to implicit statement of the CFA’s duty to prepare a plan that identifies a child’s needs for aftercare supports.

Minister Fitzgerald stated: “It is crucial that an aftercare plan is prepared to identify the supports that young people need leaving care as they transition to adulthood. I believe that the measures approved by Government will strengthen existing practice and improve the outcomes for young people, especially those who are more vulnerable. A consistent implementation of aftercare planning should assist in improving the effectiveness of existing services for these young people leaving care.”

The HSE’s responsibilities with respect of aftercare planning will transfer to the CFA on its establishment under the Child and Family Agency Bill 2013, which is currently before the Oireachtas.

Note for Editors:

Aftercare is the support put in place to meet the needs of a young adult who is leaving statutory care at 18 years of age, to assist him/her in making the transition to independent living. The most important requirements for young people leaving care are for continuity of relationships, secure, suitable accommodation as well as further education, employment or training. Aftercare provision incorporates advice, guidance and practical (including financial) support. Advocating on behalf of young people to support their development as a fulfilled adult in their community and when necessary to link them to targeted adult services are also crucial elements of an aftercare service.

Section 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view in relation to each person leaving care as to whether there is a "need for assistance" and if it forms such a view, to provide services in accordance with the legislation and subject to resources. The core eligible age range for aftercare is 18 years and up to 21 years. The HSE policy allows for this to be extended until the completion of a course of education up to the age of 23 years of age.

It is proposed to strengthen the legislative provisions for aftercare, by amending the Child Care Act, 1991 to provide for a statutory right to the preparation of an aftercare plan. The purpose of the proposed amendment is to provide clarity around eligibility and the arrangements for preparing, reviewing and updating the aftercare plan and monitoring of young care leavers that do not participate in the process.