Proposed bill will place statutory duty on the Child and Family Agency to prepare an aftercare plan for young people leaving care Heads of Bill to be referred to Joint Oireachtas Committee on Health and ChildrenFrances Fitzgerald TD, Minister for Children & Youth Affairs, has welcomed the approval by Government today to publish the General Scheme and Heads of the Aftercare Bill 2014.
The Heads of Bill are to be referred to Joint Oireachtas Committee on Health and Children.
This proposed legislation will strengthen the legislative provisions for aftercare by amending the Child Care Act 1991 to place a statutory duty on the Child and Family Agency to prepare an aftercare plan for each eligible child.
Minister Fitzgerald stated: “This Bill will deliver on my long-standing commitment to strengthen the legislative provisions governing aftercare.”
“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 Heads of Bill 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.”
Under the Child Care Act 1991, the Child and Family Agency 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 and impose a statutory duty on the Child and Family Agency to prepare an aftercare plan for an eligible child. The aim is to create an explicit statement of the Child and Family Agency’s duty to prepare a plan that identifies a child’s needs for aftercare supports.
Please see the Oireachtas website for draft heads of the Bill.
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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 provides that the Agency may assist a child leaving its care if it is satisfied that the person has a “need for assistance”. The core eligible age range for aftercare is 18 years and up to 21 years. The Child and Family Agency 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 basis for 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.
As of December 2013 there were 1,093 children in the receipt of aftercare services.